Real Estate Rent

The real estate is rented on the basis of the contract of rent of premises. This agreement on which the proprietor of premises (lessor) gives to other side (tenant) premises for a certain payment in limited for possession and using to them.

Now these relations completely are not settled by the legislation. Therefore it is often possible to meet other formulation - the hiring or sobering contract. In any case, it is necessary to pay attention for features of rent of the real estate, and also the rights and duties of tenants and lessors.

The rent contract

According to the legislation the contract of rent of premises should be concluded in the simple written form by drawing up of one document signed by the sides. The rent contract comes into force from the moment of its signing.

Imprisonment terms of the contract of rent are established under the agreement of parties. The legislation does not provide any restrictions in terms for the conclusion of such contract. More often the contract concludes for a year, and then prolong on the same conditions.

In the rent contract it is necessary to specify:

Contract subject (the exact address and the area of handed over the apartment);
The size and order of entering of a rent;
The rights and duties of the tenant and the lessor;
Responsibility of the parties in the case of reschedule unilateral cancellation of the contract;
Term and order of prolongation of the contract of rent;
Requisites of the sides (a surname, names, patronymics of the tenant and the lessor, their nameplate data and residence permit addresses);
Date of the signing of the contract.

Besides, an integral part of the contract of rent is the certificate of delivery of the property which is at the apartment, with transfer of all things and subjects.

The rights and duties of tenants and lessors

The lessor (the proprietor of apartment) has the right:

To conclude the rent contract, to renew it after a target date on former or other conditions, or to refuse its conclusion;
To make with apartment the transactions provided by the civil legislation; to agree to installation at the desire of the tenant of other citizens;
To offer the tenant at own discretion the size of a payment for premises, thus unilateral change of the size of a payment for habitation it is not supposed; to terminate the rent contract in a judicial order;
To demand from the tenant of observance of instructions for use premises;
To demand from the tenant of timely entering of a payment for rent;
To enter into an apartment for the purpose of the check of its condition and a property condition at any time under the preliminary agreement with the tenant;
To demand from the tenant of clearing of premises after the rent expiry of the term.

The lessor is obliged:

To give in rent premises in a suitable condition for residing;
To provide granting of utilities (by the general rule the rent and a user's payment are brought by the lessor, and accounts for the electric power and long-distance telephone conversations are paid by the tenant).

The tenant has the right:

To use apartment and property being in it during rent term;
To instal in rented premises the spouse (spouse) and minor children (installation of other persons is supposed only with the consent of the lessor);
To give premises to time tenants, preliminary having notified about it the lessor. Time tenants any citizens who have arrived to the tenant of premises from a constant residence admit and is temporary at him living.

Duties of the tenant:

Handed over to it under the contract of rent apartment to use for the designated purpose (only as habitation), without the right of transfer to subrent;
To observe instructions for use premises;
To release premises after the expiry of the term of the rent, established in the rent contract;
Free to suppose the lessor in apartment for the purpose of check of its use and a condition and a property condition;
To bear a liability for a condition of apartment and property being in it;
In due time to pay accounts for the electric power both long-distance and international telephone conversations; to make apartment operating repair.

The sides at the desire can provide in the contract of rent and other conditions.

How to terminate the rent contract?

The rent contract can be terminated at any time under the mutual agreement of the sides (the lessor and the tenant).

The list of the bases of preschedule cancellation of the contract of rent at the initiative of the lessor is strictly limited. The contract of rent of premises can be terminated in a judicial order on request of the lessor in cases:

Not entering by the tenant of a rent for apartment in target dates;
Destruction or damage of premises by the tenant or the persons living with it.

If the tenant of premises and other citizens living together with it, use premises not for the designated purpose or regularly break the rights and legitimate interests of neighbours, the lessor can warn the tenant about necessity to eliminate infringement. If the tenant after the corresponding prevention continues to use premises not for the designated purpose or to break the rights and legitimate interests of neighbours, the lessor has the right to demand in a judicial order to terminate the rent contract.

The lessor can terminate the contract of rent of apartment ahead of schedule under the initiative and in other cases (for example, there will be a necessity urgently to sell this apartment). Thus he is obliged to warn the tenant for the certain time specified in the contract, and to incur certain losses (for example to compensate to the tenant a rent for a month in case of removal of new apartment by it or to pay services of agency of the real estate in search of a new variant) if it is provided by treaty provisions of rent of apartment.

On request of the tenant the rent contract can be terminated in a judicial order in case the premises have ceased to be suitable for constant residing or are in an emergency condition (not because of the tenant), for example, in connection with a fire on a staircase.

In other cases, for example, at change of a vital situation, the tenant also can terminate the rent contract ahead of schedule. Thus he is obliged to warn about it the lessor for certain term (for example, month) and to incur some losses defined in the contract of rent (for example to compensate to the lessor expenses on search of new tenants).