The difference between hiring and renting: what is the difference, how to conclude contracts. Rent out the premises: possible options for contracts

Renting is a type of rental of residential real estate. The owner (landlord) undertakes to provide the tenant (tenant) with the apartment for temporary use.

The main feature of hiring is that this operation is only for residential premises.

All non-residential facilities are provided for rent.

Also, when hiring, the party that rents an apartment for living can only be an individual ().

A real estate agent can be either an individual or an organization.

The following types of residential real estate are distinguished:

• in case of social hiring, the landlord is the state or municipality that owns the residential property. With such an agreement, the apartment is provided free of charge, on an indefinite basis. The tenant is responsible for paying utilities and maintaining the property in good condition.
• Under a specialized agreement, accommodation is provided for temporary accommodation. Such real estate includes service apartments, dormitories. They are provided for a period depending on the time of study or work.
• Commercial hiring is issued for profit and is considered a type of entrepreneurial activity. The owner is a private person or organization that makes a profit from the delivery of real estate.

Features of the contract of employment

An apartment rental agreement is an agreement that is drawn up between the participants in the rental: the landlord and the tenant (Article 671 of the Civil Code of the Russian Federation). It must be drawn up in writing ().

Article 671

1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (landlord) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
2. Residential premises may be provided to legal entities for possession and (or) use on the basis of a lease agreement or other agreement. A legal entity may use the premises only for the residence of citizens.

When drawing up an agreement that is valid for more than a year, it is registered in the USRN. So, if a tenancy agreement is concluded for 11 months, then this rule does not apply to it. The deadline for concluding an agreement is 5 years (Article 683 of the Civil Code of the Russian Federation).

Article 683

1. A residential lease agreement is concluded for a period not exceeding five years. If the term is not specified in the contract, the contract is considered to be concluded for five years.
2. The rules stipulated by paragraph 2 of Article 677, Articles , , and Paragraph 4 of paragraph 2 of Article 687 of this Code shall not apply to a contract for renting a dwelling, concluded for a period of up to one year (short-term lease), unless otherwise provided by the contract.

This document contains information about the object of hire: residential real estate. It must be habitable. According to Article 676 of the Civil Code of the Russian Federation, in case of long-term hiring, current repairs are assigned to the tenant, capital repairs are carried out by the owner of the premises. The area of ​​\u200b\u200bthe living space does not matter, it is possible to conclude an agreement both in relation to a one-room apartment and a larger volume.

Article 676

1. The landlord is obliged to transfer to the tenant a free living space in a condition suitable for habitation.
2. The landlord is obliged to carry out the proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of the necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for the provision of communal services located in the residential premises.

A mandatory requirement is to indicate in the text all the persons who will live with the employer. The responsibility for all actions of these citizens lies with the tenant.

According to article 682 of the Civil Code of the Russian Federation, payment is established for the rent of living space. Unilateral change is prohibited. Payment must be made within the time specified in the document.

Article 682. Payment for residential premises

1. The amount of payment for a dwelling is established by agreement of the parties in a tenancy agreement. If, in accordance with the law, the maximum amount of payment for residential premises is established, the payment established in the contract must not exceed this amount.
2. A unilateral change in the amount of payment for a dwelling is not allowed, except as otherwise provided by law or an agreement.
3. The payment for the residential premises must be paid by the tenant within the time limits stipulated by the rental agreement for the residential premises. If the contract does not provide for a timeframe, the payment must be made by the tenant on a monthly basis in the manner prescribed by the Housing Code of the Russian Federation.

The contract fixes the responsibility of the participants in the hire. The owner must provide housing in an appropriate condition and maintain it. The tenant undertakes to use the apartment exclusively for living, as well as to make timely payments.

If the document does not specify who pays for housing and communal services, then according to the law, the tenant is such a party.

It is also possible to conclude a contract for renting a room in an apartment, but the main obligations of the tenant remain.

The document should include the main conditions under which the agreement is terminated.

Advantages and disadvantages

When signing a lease agreement, the owner receives a guarantee for the property. In case of damage to property or damage to housing, he will be able, having an agreement in his hands, to apply to the court and compensate for his damage.

In case of a short-term transaction after non-payment of housing fees for more than 2 times in a row or with a long-term agreement and non-payment for an apartment for more than six months, the owner has the right to demand compensation and evict the tenants.

For employers, the conclusion of the agreement is also beneficial. The homeowner will not be able to expel tenants earlier than the deadline. To terminate the transaction at the initiative of the landlord, a good reason is required, which is a disadvantage of such a transaction for him. The tenant is more secure when making a contract.

The disadvantage for the tenant is the obligation to inform the landlord about all citizens who stay in the apartment for a long time.

How is renting different from renting?

In order to decide whether to conclude a lease or rental agreement with the landlord, it is necessary to consider all their main differences.
Renting is considered a type of residential lease agreement. Both transactions are similar. Both when renting and when hiring, real estate is provided for temporary use to the other party.

However, the difference between hiring and renting an apartment is carried out for some reasons, which will be discussed below.

Deal object

When hiring, the transaction is concluded only for residential premises. Renting allows you to draw up documentation for both residential and non-residential real estate.

Parties

When hiring, the landlord can be both a citizen and an organization, for example, a municipality. Only a private person can act as an employer.

All citizens who will live with the tenant enter the document. If, when making a transaction, the tenant is entity, then such paper will already be referred to as the Lease Agreement. The parties in this case will be the landlord and the tenant.

Document Form

The employment paper is drawn up only in writing. The conclusion of a short-term lease is allowed verbally if it takes place between individuals.

A lease agreement for a period of more than 1 year is subject to mandatory registration in the USRN. For a document of employment, there is no strict requirement in the law on putting it on state records.

If the period is not indicated in the document at the conclusion of the lease, it is set as the limit for such relations - 5 years. Lease can be issued for a longer period if the subject of the operation is non-residential premises.

Rent

The payment section is considered essential condition when making leases. In case of gratuitous hiring, the payment for accommodation is charged only as payment for utility services. Also, if the tenancy agreement does not include a requirement who will pay for utilities, then by law this must be done by the tenant living in the rented premises.

Termination of an agreement

When hiring, the tenant of the premises is a more protected party when concluding the contract.

He can terminate it at any time without giving reasons.

The owner of the same for the termination of the contract is required to present weighty evidence. Without them, no court will terminate the deal.

When renting, both parties to the relationship are considered equal.

An employment document is an agreement between two parties to a transaction. Hiring is a type of lease relationship.

It has a number of differences that relate to the objects and subjects of the process of renting real estate, the form of the conclusion of the operation, the timing, size and procedure for making payment, and the conditions for termination.

Since now the majority of the population, due to the difficult financial situation, prefer to rent apartments rather than acquire them, it is important to know all the nuances of such a procedure. In particular, you need to understand the difference between hiring and renting a dwelling and how to properly conclude such an agreement. After all, these are different concepts that carry different rights and obligations. Therefore, below we will consider this question in more detail to understand what will be beneficial for us.

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Concept difference

The main thing is to understand what is the difference between renting and renting an apartment. First of all, you need to understand that when you rent out your living space to third parties, the conclusion of an agreement is a mandatory element. After all, then you can protect your apartment from unpleasant consequences and not be afraid of disputes and disagreements between you and another person. A lawyer or a real estate company can help you draw up such an agreement.

Both the lease agreement and the lease agreement are property lease agreements. chapter 35 of the Civil Code of the Russian Federation is devoted, and the relations of the parties under a lease agreement are regulated by chapter 34 of the Civil Code of the Russian Federation. But you will not need to choose which of these two options is right for you. Because here everything will depend on what status the residential premises have, and to whom the other side of the transaction can be attributed. After all, there are residential apartments and non-residential premises. And the second side of the process can be represented by both an individual and a legal entity.

The lease agreement is used only when we are talking about any non-residential property. And the lease is provided to a legal entity. Then the one who will provide their housing for use will be called the landlord, and the second party - the tenant.

But if you are renting a house ordinary person(individual), then it will be necessary to conclude a tenancy agreement. In this case, you will be the landlord, and the other party will act as the tenant.

It is very important, when concluding such documents, not to confuse these names in documents and call everything by their proper names. After all, then you can talk about breaking the law.

Legal entity or individual?

When concluding such lease or lease documents, there are also their own characteristics that apply to each concept. And if you have the opportunity to choose between a legal entity and an individual, then it is worth considering all the pros and cons so that your choice is right.

For example, you can easily terminate a lease agreement if one of the conditions described in the agreement itself has arisen out of court, while a lease agreement at the initiative of the landlord can only be terminated in court and only on very limited grounds. In addition, the lease agreement provides for the existence of a legal entity, from which, if necessary, it will be easy to receive money for the damage caused and clarify disputed points. In addition, a legal entity can use the rented premises only for the residence of a certain category of citizens, and not for other purposes.

But for other apartment owners it is much more important to be personally acquainted with the one to whom he is going to rent his home. After all, an individual is one person, not a whole company.

In addition, a lease agreement is not subject to state registration, even if the document is concluded for a maximum period (five years).

And for some owners this is a decisive factor in making such a decision and the main difference between the concepts.

Legal status of documents

When it comes to the weak and strengths employment contracts, it is the tenant who is considered particularly vulnerable, and therefore his rights are especially protected. The tenant can terminate the contract for the rental of residential premises only after he warns the landlord about this one month in advance. In this case, it is not at all necessary to wait for a positive decision of the landlord. After all, the document will be terminated automatically.

But if the landlord wants to terminate the contract ahead of schedule, then he can do it unilaterally only through the court and under legal circumstances. Such circumstances most often include arrears in paying rent and the amount of rent, using the premises not for living, but for making a profit, and so on.

The rental market strives for civilized relations, and the vast majority of its participants admit that a well-executed contract will help protect their interests in case of disagreements. But what kind of contract to conclude - or hiring? It turns out they are not the same thing. Galina Barkus, legal adviser at Savills, tells about the features of these agreements and the main nuances that must be taken into account when concluding them.

When a tenant for yours is found, the most essential living conditions are agreed upon, the question arises of competent legal registration of relations. And here it is necessary to determine what form of the contract is appropriate. There are lease and rental agreements, as well as sublease and sublease. What is each of them?

Subject and subject of the contract

Renting and hiring establish similar relationships, however, from a legal point of view, these are two different contracts, and the provisions of the chapters of the Civil Code of the Russian Federation that regulate them are somewhat different.

The first difference concerns the status of the tenant.

So, according to the existing legislation, only a lease agreement is concluded with a legal entity.

Note that if the subject of the lease is an apartment, then its use is possible only for the residence of citizens, for example, invited workers.

Physical persons among themselves, as a rule, conclude the contract of employment.

The second difference is in the subject matter of the contract. The subject of the lease agreement is certainly, and any real estate can be leased. Therefore, in relation to the now popular apartments that have the status of non-residential premises, they draw up a lease agreement, regardless of legal status sides.

Terms and Conditions

The following main differences are related to the term of the contract and the conditions for its termination.

According to the modern chapter of the Civil Code of the Russian Federation, which regulates hiring, the interests of the employer are a priority. So, he can terminate the contract of employment unilaterally, while it is necessary to notify the other party in writing 3 months in advance. This right is imperative, that is, regardless of whether it is stipulated in the contract or not, and regardless of the consent of the other party.

The landlord can terminate the rental agreement only in court

and only in case of certain violations on the part of the tenant (failure to pay, regular disturbance of the peace of neighbors, damage to property, etc.).

The judicial procedure for terminating a lease agreement is also established by law, however, in the lease agreement, the parties may prescribe other grounds for its termination out of court.

The law does not regulate the maximum possible term of a lease agreement, but for a lease agreement it is 5 years.

For short-term hiring (up to 1 year), some rights of the tenant are not legally established (for example, to sublease an apartment, preemptive right employer). In this case, the parties themselves can prescribe the opposite conditions when concluding the contract.

Form of lease and lease agreements

Lease and lease agreements must have exclusively written form. Both lease and lease contracts concluded for a period of at least 1 year are subject to mandatory registration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestre).

However, it is worth noting that the law established a certain difference between the two procedures under consideration: state registration of a lease is carried out by registering the real estate lease agreement itself, while hiring, a restriction (encumbrance) of ownership of a dwelling is registered.

For violation of the procedure for registering a lease / lease agreement, various liability has been established.

Failure to comply with the established procedure for state registration of a lease agreement entails the imposition of an administrative fine in the range of 1.5–4 thousand rubles for individuals, and for legal entities – 30–40 thousand rubles.

As for the violation of the deadline for filing an application under a contract of employment, here the fines are more significant: 5,000 rubles for citizens, 100,000 rubles for individual entrepreneurs, and 200,000 rubles for legal entities. Considering that every second owner in the elite apartment market operates as an individual entrepreneur, we recommend that you be careful when agreeing on the term of a rental agreement.

Sublease and sublease

Sublease and sublease are also found in the real estate market, especially when it is necessary to exclude contact between the owner and the person living in the apartment. That is, this is a case in which the owner is interested in renting an apartment, receiving periodic payments, but not resolving current issues related to moving in, evicting, eliminating damage, terminating or extending. The intermediary tenant may be a real estate company or other authorized person.

There are several mandatory conditions for sublease and sublease. Firstly, the owner must agree, and secondly, the sublease period must be within the lease period, and the sublease period must be within the lease period. In case of early termination of the lease agreement, the sublease agreement automatically terminates.

It is worth noting that in the case of a sublease, upon termination of the lease agreement, the subtenant receives the right to sign the lease agreement, within the remaining period of the sublease and on the terms of the lease agreement. Sublease agreements are also subject to the rules on lease agreements, in other words, the pre-emptive right of the subtenant to sign the agreement for a new term also applies. Under sublease, such a right is not provided for by law.

The “rent-sublease” scheme is more common in the market than the “hire-sublease” scheme.

This is due not only to the fact that the law expands the rights of the subtenant more than the subtenant, but also due to the fact that most often the party-tenant, subsequently subletting the apartment, is a legal entity. And as we remember, a legal entity provides for the conclusion of a lease agreement, and not the rental of residential premises.

In any case, no matter what contract is concluded, we recommend that you approach it as carefully as possible and study all the details with a lawyer. This is the only way to guarantee the full security of the parties and the security of the transaction.

Owners of residential real estate often try to make a profit from it by renting it to individuals or legal entities for a fee.

But many are interested in one question, what is the difference between a contract of employment and a contract, since they are almost the same, and carry similar rights and obligations.

But this is not so, therefore, the differences between these contracts will be discussed below.

By their legal nature, renting and hiring perform the same function.

They contribute to the establishment of legal relations, according to which, one person (the owner of the property) transfers to the second, the right to use it for a certain fee.

Despite these similar functions, they have significant differences from each other.

The procedure for concluding a residential contract, as well as the corresponding rights and obligations, are regulated by a separate chapter of the Civil Code at number 35. According to it, this contract is concluded only between individuals. That is, on the one hand, it is signed by the owner of the property, on the other hand, by the tenant.

Its main principles are the following:

• the agreement can be long-term, for a period of 5 or more years, as well as short-term, not more than one year;
  such an agreement does not need to be registered in a special state register;
• in order to terminate legal relations under such an agreement, if its validity period has not expired, a court decision is needed;
• if this agreement is concluded between an individual and a legal entity, it will be invalid, that is, it does not give rise to any rights and obligations of the persons who signed it;
• in order to terminate such an agreement by a court decision, clear grounds are required, the list of which is established by the current legislation.

Opinion of a legal expert

One of hallmarks lease agreements from a residential lease agreement is the ability of the tenant to register, or in other words, to register the tenant and his family members.

Registration may be necessary for employers to receive any benefits, including subsidies, enrollment in kindergarten or to contact the clinic at the place of residence.

When terminating a tenancy agreement, it will be problematic to force them to release, and even more so, to write out already living tenants. To do this, you will again have to apply to the judicial authorities with a claim for eviction.

If tenants have nowhere to go, and this housing is their only place of residence, especially if young children are registered in the apartment, then this fact will create a problem for the owner. It will be impossible to move in new tenants without solving the problem with the old ones.

Therefore, usually, if tenants ask to register them, the owner registers tenants on temporary registration.

The list of grounds is as follows:

1. Tenants must not make mandatory payments under the contract for more than six months, and also not for utilities, if this is prescribed in it (for a long-term agreement).
2. For a short-term agreement, mandatory payments should not be paid for two or more months.
3. Employers who periodically violate, including lead an immoral lifestyle, are also evicted by court order.
4. The immoral lifestyle of tenants, as well as their damage to property and engineering networks of the premises, can also serve as the basis for eviction. At the same time, this action also applies to situations such as flooding of neighbors, or the outbreak of a fire (for example, a cigarette butt thrown on a neighbor's balcony).
5. Lastly, this is moving in without the permission of the owner of unauthorized persons, or subletting property, that is, making a profit.

In other cases, eviction is practically impossible.

When concluding a lease agreement, the parties will be an individual or legal entity (the owners of the residential premises), on the other hand, there may also be a citizen or a company that wants housing.

In general, these legal relationships are most used for commercial facilities, but there are situations when a company or enterprise has a living space for its employees.

The lease agreement provides for early termination without court intervention, and this is prescribed in the agreement itself. The grounds can be many factors, such as being late, with payment for one month, and others, but they must be spelled out in the agreement without fail.

In fact, the lease and lease agreements are the same, they just have different tenants.

Now we can move on to the main differences between these agreements.
The contract can be terminated only after the expiration of its validity period, or by a court decision.

The lease agreement is terminated in case of improper performance of the obligations of the party, and in extreme cases by decision of the court.

An employment agreement, unlike a lease, does not need to be registered in a special register.

Under a lease agreement, the tenant receives more legal protection, and in the lease, the one who leases the property.

It is important to know that certain provisions of the lease can be applied to the rental agreement, and vice versa, if the chapters of the Civil Code, which give the basic concepts of these legal relations, do not regulate some controversial issues.

Which contract is better to use

As mentioned above, if the employer is a citizen, and he does not have the status individual entrepreneur which means you have to sign a contract of employment.

If a person and his family, relatives are trustworthy, and the property itself will not be sold or alienated in any other way in the near future, then perfect option long term hire.

If the persons are not acquaintances, but the owner of the property may receive better offers, then the ideal option is a short-term rental agreement.

It is concluded for a period of less than one year, and after it, if the parties agree on further use, it will automatically be extended for the same period.

As mentioned above, for hire, in terms of early termination of the agreement, the employer is more protected.

This is due to the fact that the possibility of using housing is a priority in our country, therefore individuals who do not own it are protected by the state at all levels.

This is also imposed on the legal relationship caused by the contract of employment.

Speaking about rent, it must be said that these legal relations are aimed at regulating the activities of individuals and legal entities, therefore the citizen owner of the premises is more protected here.

This is due to the fact that any company or organization, premises, receives some profit, therefore it has a more advantageous position.

And, as was said, the priority of protecting the rights of a citizen who owns residential property, the state puts higher than concern for the development of legal entities, since they must take care of themselves.

It is important to know that many homeowners who have encountered the problem of renting it to citizens are trying to refuse such agreements and offer to draw up a lease agreement.

As long as the tenant and the landlord do not quarrel, such legal relations exist. But if the case goes to court, then it is the landlord who is at a disadvantage.

The court, by its decision, may recognize the concluded agreement as a long-term lease, and the owner will not do anything for 5 years with his tenant if he adheres to all the rules of residence.

Is it possible to reduce the scope of the tenant's rights in the contract?

Despite the fact that the Civil Code of our country establishes the basic requirements for such contracts, and in addition, general rights and obligations are indicated, in some cases a reduction in the rights of the employer may be allowed.

Before you talk about such tricks, you need to understand which rights cannot be reduced:

• shorten the term of employment (except for a short-term agreement);
• enter into the contract, which can happen without a court decision;
• obliging the tenant to make payments, the purpose of which does not concern the agreed amount for the use of housing, and utilities.

These are the fundamental rights of the employer, which cannot be violated.

You can restrict the rights of the tenant in such cases:

• a ban on living with him by persons who are not specified in the contract, except for the short-term arrival of relatives (no more than 5-10 days);
• you can increase the grounds for going to court to terminate the contract (for example, non-compliance with hygiene, or breeding unsanitary conditions).

In other cases, restriction of the rights of the tenant is not allowed.

It is important to know that in practice, there is a standard contract for the rental of residential premises, which is used by municipal authorities in their work.

Such agreements are used for those apartments that are not privatized and are in long-term lease. Based on this, any owner can take it as the basis of his agreement.

What determines the type of contract

In legal practice, the main points of any contract are the direction of the parties to the onset of any rights and obligations, its subject, price and terms.

If the parties that signed it have the will to initiate legal consequences for renting a dwelling, and this is what the clauses (contents) of the agreement say, then the inscription at the beginning “rent” is interpreted as rent, and vice versa.

This is important to know, because if any friction occurs, and bringing the case to court, it will lead to the fact that the decision will indicate that the agreement masked the true intentions of the parties.

After that, the legal consequences provided for by hiring or renting will immediately come.

Or renting an apartment, despite some similarities, carries with it different rights and obligations of the parties to the transaction.

Based on this, when concluding these agreements, it must be understood that hiring is not concluded between an individual and a legal entity, but a lease between two citizens.

A detailed transcript of each clause of the apartment rental agreement is on the video:

Answer

Sore story, I have personal experience rental housing. The tenant lived for three years. Every year a contract of employment was drawn up. For two years everything was fine, but on the third it started, and that's all. The question arose about eviction, paid, and again hassle. I did not know that under a short-term contract it was possible to sue for eviction already for a month of delay. Thought I needed more. Now I'll take it into account, it may come in handy.

Answer

There is no difference between a lease agreement and a lease agreement when it comes to residential premises. It is necessary to conclude not a lease agreement, but a contract for the commercial rental of residential premises.

Answer

I doubt that you can be evicted without a trial. My lease agreement contained such a condition. But, as soon as there was a conflict with the tenant, it was not without a trial, since he categorically refused to leave my housing voluntarily.

Answer

As far as I know there isn't much difference. Rented housing and always signed a lease. Although then a familiar lawyer said that it was necessary to conclude a commercial contract. As for eviction, it depends of course on who you rent to. I personally had no problems with tenants.

Answer

I think that in my case I did the right thing and took a lawyer on the staff of the company. Yes. It was hard to hire another person, but now all my contracts are in order. And you?

Answer

Despite various programs government support for families housing problem remains the same in our country. A sufficiently large group of people cannot afford to own housing and resort to rented apartments. In addition, in search better conditions work and life, Russians (and not only Russians) move to more big cities and megacities, where the issue of temporary housing is also acute.

How not to be deceived by the owner of an apartment when renting housing, how to protect yourself from possible claims of the owner when living on its territory, and also how to take into account all your interests to the fullest? Let's figure it out.

Among the inhabitants, the concepts of “apartment lease agreement” and “apartment rental agreement” have identical meanings. However, there are differences that should certainly be taken into account both to the one who transfers the apartment, and to the one who moves into someone else's housing. Both contracts are contracts of employment. In terms of subject matter, they are also identical - the conditions for the transfer of residential premises for a fee for temporary possession and use are provided. Here are the differences:

1) The parties to the lease agreement are referred to as the “tenant” and “landlord”, the parties to the lease agreement are referred to as the “tenant” and “landlord”, respectively. Moreover, an individual (citizen) can receive an apartment for use, both under a residential lease agreement and under a lease agreement, but a legal entity enters into a lease agreement. At the same time, it should be borne in mind that the organization has the right to use the housing received for temporary use only for the residence of citizens. For example, rent an apartment for your employees who are sent on business trips, or use it for living of their employees from other cities.

2) Currently, there is a requirement for state registration of real estate lease agreements concluded for a period of more than a year. That is, when concluding an apartment lease agreement for a period exceeding one year, the parties must submit an application for state registration of the agreement to the body that carries out state registration of rights to real estate. Under the current law, it is not required to register a residential lease agreement, regardless of its term. Thus, when concluding a residential lease agreement, the parties do not incur additional costs, which they would have incurred when registering a lease agreement, in the form of a state fee.

3) The determination of the term of the lease agreement lies entirely with the parties to the lease agreement. The law does not provide for any special conditions here. But in relation to the contract of hiring residential premises, the law provides for restrictions. At the request of the tenant, the tenancy agreement may be terminated at any time. For this, only the consent of other citizens permanently residing with him, and a written warning of the landlord for three months is sufficient. A limited list of cases is provided for terminating a residential lease agreement at the initiative of the landlord, and they can only be used if the agreement is terminated in order.

Thus, we see that for an individual who wants to purchase an apartment for temporary use, it is more profitable to conclude a contract for renting a dwelling.

Now let's decide on the procedure and terms of the contract for the rental of residential premises and what exactly needs to be provided for in it to protect the interests of the tenant. With regard to social tenancy contracts, everything is simpler - municipalities usually use an approved form, and in this case, the tenant is unlikely to be able to enter their terms into the contract. But when concluding a commercial lease agreement, i.e. when the landlord is an individual - the owner of the apartment, of course, you should pay attention to its conditions. Be careful about the following conditions in the contract:

1) In the subject of the contract, the apartment transferred for use must be described as fully as possible, indicating the address, floor, total and residential area. If the apartment is transferred with the property in it, then the contract must specify a complete list of the property, its condition at the time of transfer, the tenant's obligations for its safety and the procedure for using it. By doing this, you will prevent possible claims of the landlord to the condition and safety of the property that was in the apartment at the time of its transfer, as well as claims about the loss of property by you, which, perhaps, was not there at all.

2) The most essential condition of the contract is payment for the use of housing. This section of the contract should most fully reflect the amount of payment, periods of payment, currency of payment, terms, the presence or absence of any security payments, the right to change the fee and during what period of time the fee can change. Think over and provide in the contract the procedure for reimbursement of other expenses associated with the use of the apartment - who and in what order will pay for Internet access, cable TV, telephony, apartment security, optional equipment etc. This way you can prevent disputes with the landlord in the future.

3) The term of the contract must also be specified. However, it should be remembered that if the parties “forgot” to reflect this condition in the contract, then the contract of employment is valid for five years, such a requirement is directly spelled out in the Code of the Russian Federation.

4) Lawyers advise to register in the contract of employment all persons living together with the employer. This will save the tenant from problems with proving the right to live in the apartment of his family members and other persons. And if similar obligations under the contract are prescribed for residents, as for the tenant, then any of the residents will be able to pay rent to the landlord, resolve other issues related to the operation of housing, and require the landlord to comply with the terms of the contract.

5) If you move into an apartment where the need for repairs may arise at any moment, where communications or housing structures may fail during the term of renting an apartment, then we advise you to provide in the contract at whose expense and by what forces current repairs will be carried out. If you ignore this condition, then according to the law, the need for current repairs will fall on the shoulders of the employer.

And finally, main advice- carefully read the documents that you sign, try to understand the conditions contained in the contract, because they provide for your rights, obligations, and responsibilities. In case of doubts or difficulties when concluding a rental or rental agreement - in advance in order to avoid problems and unnecessary costs in the future.