Agreement on renting out an apartment with furniture. Why do you need a security deposit when renting non-residential premises?

27.09.2019

An agreement to rent out an apartment is a mutual and compensated form of agreement. Such an agreement is concluded between the owner of the property and a person who wishes to temporarily use the property for a fee.

Download a sample apartment rental agreement with furniture and household appliances

A rental agreement for an apartment with furniture and household appliances, drawn up according to the sample, will protect both property owners from possible damage and tenants from swindlers and swindlers.

It is rare when the object of a transaction is an empty home. As a rule, apartments are rented by people who come for a while and do not have household appliances and furniture with them. As a result, a lease agreement is drawn up not just for housing, but for a room with furnishings. For this purpose, not just a lease agreement is used, but an agreement with a deposit. Let's consider how to draw up such an act and what points must be spelled out in it. In addition, we will tell you what a pledge is and why it is required.

Before moving on to the essential aspects of the transaction and other points, it should be noted that the term of the transaction determines what form of agreement can be used. All types of lease agreements are divided into:

Short-term - concluded for a period of up to a year.
Long-term – the duration of the agreement is 5 years.

If the maximum validity period of the document is not specified, then it is automatically considered to be concluded for 5 years.

Another nuance that should be taken into account is that the apartment is rented as a residential premises. Therefore, it cannot be used as an office, warehouse or retail outlet. If the tenant is a legal entity, then employees of the company can live in the housing.

You should not enter into a deal orally, as this will not be the basis for initiating legal proceedings in the future. Experts in this field recommend drawing up an agreement in any case, even if we are talking about renting for several days.

Procedure for drawing up a transaction

The agreement is drawn up in two copies, and each participant receives his own original document. The contract must include the following parameters:

Personal data of all parties to the agreement.
A complete and comprehensive description of the property being leased.
Rental period.
The amount of the fee and the procedure for its payment.
Rights and obligations of the parties to the agreement.

For a document to enter into legal force, it does not need to be handed over to a notary and certified in the prescribed manner; it is enough to sign the completed form. The act must clearly state the procedure for the tenant's arrival and the conditions under which he must move out of the apartment. If the tenant intends to visit the tenant and check the condition of the apartment, it is necessary to clearly indicate the time of arrival of the owner and the frequency of such visits.

How is a lease agreement with furniture and household appliances drawn up?

If the residential premises are transferred for use with household appliances and furniture, then in addition to the lease agreement, another document will be required - an act of acceptance and transfer of property. This paper will need to list all the property, which determines the degree of safety of each piece of furniture and equipment.

When fixing items, it is necessary to indicate each defect and defect of the product. This act is prepared in two copies and attached to the lease agreement, which is subsequently transferred to each of the participants.

Concluding an independent lease agreement for the property is also possible. In this case, the cost of using equipment and furniture is indicated and the necessary act is drawn up. Additionally, a lease deed for the apartment is prepared. Both documents must be signed by the tenant and the landlord, and all Required documents.

Why do you need a deposit?

The collateral clause is written directly into the contract. If the document was not in writing, but a deposit is still required, you must make a receipt stating that the property owner has received the money. Such a document must indicate the amount of payment, as well as the conditions under which the money is returned to the lessor. The document can be written by hand, but the signature must be certified by a notary.

The money may not be returned if the rental is refused after signing the agreement and such a clause is present in the contract. In case of violation of obligations and certain provisions of the current document, controversial issues and disagreements may arise that can only be resolved through the court.

In this case, the documents drawn up and signed may become actual evidence that one of the parties to the transaction has violated its obligations. To eliminate complications and possible risks, it is worth paying special attention to the text of the agreement and the preparation of the transfer deed.

Conclusion

Often apartments are rented with furniture and household appliances, but the users are not always conscientious and cause material harm to the owner by damaging the property.

To protect yourself and minimize possible risks, you should prepare all the necessary documents in advance and be sure to draw up an acceptance certificate for the apartment with the property. An additional guarantee can be a deposit, which is also recommended to be issued in the correct way.

Agreement

renting an apartment with a deposit

____________ _____ _____________20

Gr. __________________________________________________________, passport: series_______, No. _________________, issued by __________________________________________, residing at: __________________________________________________________, hereinafter referred to as “ Landlord", on the one hand, and gr. ________________________________, passport: series______, No. _______________, issued by________________________________, residing at:__________________________________________________________, hereinafter referred to as “ Tenant", on the other hand, hereinafter referred to as the "Parties", have entered into this agreement, hereinafter " Agreement”, about the following:

1. GENERAL PROVISIONS

1.1. The Lessor provides for rent, and the Tenant rents, an apartment located at the address: hereinafter referred to as the Apartment.

2. OBLIGATIONS OF THE LESSOR

2.1. Provide the Apartment to the Tenant from "" 2016 in a condition suitable for living, with furniture and equipment according to the property inventory.

2.2. Carry out maintenance of the Apartment and equipment not under the control of the housing and communal services authorities.

2.3. Pay for all utilities during the rental period, with the exception of non-local telephone connections and other services not included in the monthly subscription payment for MGTS.

2.4. Notify the Tenant about visiting the Apartment 24 hours in advance, while the Landlord has the right to visit the apartment no more than once a month.

3. OBLIGATIONS OF THE TENANT

3.1. Timely pay bills for non-local telephone connections and other services not included in the monthly MGTS subscription payment.

3.2. Use the Apartment for your own residence, not for sublease or as an office. The following will permanently reside with the Tenant in the Apartment: .

3.3. Bear full responsibility for damage to the Apartment, furniture or equipment, as well as adjacent premises caused by the fault or negligence of the Tenant, his family members or guests.

3.4. Leave guests responsible for the Apartment only after written permission from the Lessor, while the Tenant bears full responsibility for damage caused to the Apartment, furniture or equipment, as well as adjacent premises due to the fault or negligence of guests in the absence of the Tenant.

3.5. Have pets in the Apartment only with written permission from the Landlord, and the Tenant bears full responsibility for damage caused by his pets.

3.6. Carry out major repairs or make any significant changes to the Apartment only with written permission from the Landlord.

3.7. The Tenant is not responsible for natural depreciation of the Apartment, furniture and equipment.

3.8. Allow the Lessor to enter the Apartment (clause 2.4) to check compliance with the terms of the agreement.

3.9. Respect the peace of your neighbors at night.

4. MUTUAL GUARANTEES

4.1. The Lessor guarantees that the Apartment belongs to him by right, all necessary permissions from the co-owners, if any, have been obtained and the conditions for leasing the Apartment have been agreed upon with them.

4.2. The Lessor guarantees that the Apartment is not under arrest, is not mortgaged and is not the subject of any claims from third parties.

4.3. The Lessor guarantees that he and others, if any, registered in the Apartment and moved from it for the purpose of renting it out were not infringed on their rights according to the living space standards per person, especially minors.

4.4. The tenant guarantees to pay the rent and other payments provided for by this agreement on time and without delay.

4.5. The Tenant guarantees that he will live in the Apartment for at least the agreed period (clause 6.1).

5. PAYMENT TERMS

5.1. The monthly rent is set at rubles.

5.2. When signing the Agreement, the Tenant pays the first rent of the Apartment, which is rubles, then payments will be made in advance for the period, no later than days from the beginning of the paid period.

5.3. Based on clause 3 of article 614, part 2 of the Civil Code of the Russian Federation, size rent cannot be changed more than once a year and only by agreement of the parties.

5.3.1. The first change in the amount of rent cannot occur earlier than 6 months from the beginning of the established rental period (clause 6.1), all subsequent changes - no less than 12 months from the previous change.

5.3.2. The refusal of one of the parties to change the amount of rent proposed by the other party, if the parties cannot reach a compromise solution, is not grounds for immediate termination of the contract. In this case, the Tenant has the right to live in the Apartment for one more month after the already paid period, paying it at the rent rate specified in clause 5.1, and if the amount of rent has been changed - the last agreed and changed based on the conditions of this paragraph.

5.3.3. The amount of rent cannot be changed in any direction, only on the basis of the desire of one of the parties or on the basis of seasonal fluctuations in rental prices.

5.4. When signing the agreement, the Tenant leaves the Lessor a deposit for the safety of the property and compliance with the terms of the agreement by the Tenant, in the amount of rubles.

5.4.1. The landlord has no right to use the security deposit for personal purposes.

5.4.2. When the Tenant actually leaves the Apartment, moves out, the parties draw up an act of return of property. The agreement and signing by both parties of the Property Return Certificate is the basis for the return of the deposit.

5.4.3. The deposit can be used, by agreement of the parties, as payment for the rental period commensurate with it, but only before the Tenant immediately leaves the Apartment - move out.

5.4.4. By agreement of the parties, and only upon direct departure of the Tenant, the remaining payments due for the Tenant can be paid from the security deposit.

5.5. Electricity is paid by the Tenant/Landlord.

6. DURATION OF THE AGREEMENT AND ITS RENEWAL

6.1. The lease period is set from "" 2016 to "" 2016.

6.2. The terms of the agreement can be changed and the rental period extended subject to the written consent of both parties.

6.3. An agreement to extend the contract must be signed, and in the case of an extension with a change in conditions, agreed upon and signed no later than days before the expiration date of this contract or the last agreement on its extension.

6.4. If one of the parties refuses to extend the contract, it is obliged to notify the other party no less than days before the expiration date of the contract or the last agreement on its extension.

7. EARLY TERMINATION OF THE AGREEMENT

7.1. The agreement may be terminated by one of the parties if the other party does not comply with the terms of this agreement.

7.2. The Tenant retains the right to unilaterally terminate the contract by notifying the Lessor in writing days in advance, but if such termination occurred earlier than 2016, the deposit is not refundable and cannot be used as payment for the rental period commensurate with it (clause 5.4.3), from it cannot be paid the remaining payments provided for the Tenant (clause 5.4.4), except for the cases provided for in clause 7.4 of this agreement.

7.3. The Lessor does not have the right to terminate the contract unilaterally before the end of the contract or the last agreement on its extension, if the Tenant complies with all the terms of the contract, except for the reasons specified in clause 7.4.

7.4. If one of the parties is forced to terminate the agreement due to force majeure circumstances provided for by current legislation, or the introduction of a government ban on actions provided for by this agreement, it is obliged to notify the other party in writing at least days before the date of such termination.

7.5. In case of early termination of the contract at the initiative of third parties, in violation of the Lessor's guarantees (clause 4.1, clause 4.2 and clause 4.3), the Tenant has the right to live in the Apartment for days in excess of the paid period for free, and if such residence is impossible, the Lessor is obliged to pay a penalty to the Tenant.

7.5.1. The amount of the penalty is determined by the sum of the cost of each day of stay (monthly rent (clause 5.1) divided by thirty) multiplied by the number of remaining days in the overpaid period (clause 7.5) and twice the cost of each day of stay multiplied by the number of remaining paid days. The Lessor is obliged to pay the penalty no later than the day of actual abandonment of the Apartment – agreed upon with the Tenant.

7.5.2. In case of voluntary abandonment of the Apartment by the Tenant, early termination of the contract (clause 7.5), or moving out on other terms agreed with the Lessor, the penalty is not paid.

7.6. A two-time violation by the Tenant of clause 5.2 of this agreement, without documented valid reasons (hospitalization, business trip, etc.) gives the Lessor the right to terminate the agreement unilaterally by notifying the Tenant no less than five days before the date of such termination. The deposit (clause 5.4.) in this case is not refundable.

7.7. In the event of early termination of the contract at the initiative of the Tenant after the conclusion of the contract, but before the date of provision of the Apartment by the Landlord (clause 2.1), the Landlord returns to the Tenant the paid rent (clause 5.2) and half of the deposit (clause 5.4), and from the returned portion expenses incurred by the Lessor related to the fulfillment of the Tenant's wishes to change the Apartment and/or its furnishings are deducted.

7.8. In the event of early termination of the contract at the initiative of the Tenant after the conclusion of the contract and the date of provision of the Apartment by the Landlord (clause 2.1), the deposit is not returned, even if the Tenant has not actually moved into the Apartment, and the paid rent is returned minus each day after the date of provision of the apartment and the cost of expenses incurred by the Lessor in connection with the fulfillment of the Tenant's wishes to change the Apartment and/or its furnishings.

8. OTHER

8.1. All disagreements arising during the implementation of this agreement must be resolved in accordance with current Russian legislation.

8.2. This agreement has been drawn up in two copies having equal legal force: one each for the Tenant and the Lessor.

8.3. The agreement comes into force from the moment of signing.

1 pledge ensures the prevention of damage/destruction of the LESSOR's property. 3. In the event of damage/destruction of the LESSOR's property, the LESSOR returns the full amount of the deposit to the TENANTS at the time of termination of the contract. 4. In the event of damage/destruction of the LESSOR's property, the LESSOR has the right to satisfy its claims in full at the expense of the deposit amount without first going to court.

Apartment rental agreement with deposit sample

The pledge specified in clause 1 ensures the prevention of damage/destruction of the LESSOR's property. 3. In the event of damage/destruction of the LESSOR's property, the LESSOR returns the full amount of the deposit to the TENANTS at the time of termination of the contract. 4. In the event of damage/destruction of the LESSOR's property, the LESSOR has the right to satisfy its claims in full at the expense of the deposit amount without first going to court.

Security deposit agreement (deposit for the last month of rent)

hereinafter referred to as the Mortgagor, have entered into this agreement as follows: 1. The subject of this agreement is the pledge by the Mortgagor from the Mortgagee of a certain amount in clause 2 of the agreement to ensure the proper fulfillment by the TENANT of its obligations under the lease agreement for an apartment located at the address:__________________________________________________________________________________________________________ for a period from “____ » ________________ 20 __

Apartment rental agreement with furniture and household appliances

GENERAL PROVISIONS 1.1. The Lessor provides for rent, and the Tenant rents, an apartment located at the address: hereinafter referred to as the Apartment. 2. OBLIGATIONS OF THE LESSOR 2.1. Provide the Apartment to the Tenant from " " 2019 in a condition suitable for living, with furniture and equipment according to the property inventory. 2.2. Carry out maintenance of the Apartment and equipment not under the control of the housing and communal services authorities.

Drawing up an apartment rental agreement between individuals

Apartment owners who, when renting out housing to their acquaintances or friends, consider it unethical to formalize this transaction as a standard one, are wrong. And for tenants such an agreement cannot be considered unnecessary. After all, competent drafting of a contract is a guarantee of protecting the interests of both parties in the event of various disagreements and disputes between them. For example, someone rented an apartment for a long period of time, having agreed on all the conditions verbally.

Apartment rental agreement

At the same time, the organization that has entered into a rental agreement for an apartment can only use it for residence, for example, the director of a company or a non-resident employee. rental of residential premises is a guarantor of the rights of both parties who have entered into a written agreement to lease property. At the bottom of the article you can download a free sample lease in Word format. There are standard forms of residential lease agreements, which are used by most citizens and organizations. Download samples of other lease agreements: Contents of the lease of residential premises (apartment) The lease agreement specifies the full passport data of the lessor and information about the legal entity-tenant.

Consumer magazine

apartments - an agreement under which the owner of an apartment rents it out for a limited use for a certain fee. Typically, an apartment rental agreement is made in duplicate, one of them remains with the landlord (owner of the apartment), the other with the tenant. Why do you need an apartment rental agreement? Correctly drafting an apartment rental agreement protects the rights of both parties (tenant and landlord) and helps in resolving controversial issues of various kinds.

Residential lease agreement

236 of the Labor Code of the Russian Federation) from the team of Dogovor-Yurist.Ru (Central Bank rates dated June 14, 2018) Dogovor-Yurist.Ru Community of Russian lawyers codes and sample contracts Free legal consultations: Documents About the section "" The Dogovor-Yurist.Ru website provides the opportunity to find and download free forms or completed samples of contracts, statements, protocols, decisions and charters.

Property owners who rent out their property may require residents to pay a deposit in advance. This is necessary to obtain guarantees for compensation for property damage that may occur during the use of the premises. In this case, an apartment rental agreement is concluded with a deposit (you can download a sample for free from this article).

Transaction form

The collateral agreement can be formalized orally or in writing. A written version is required if:

the rental period exceeds a period of 1 year;
One party to the transaction is a legal entity, and the other is an individual.

Such an agreement must be registered with Rosreestr. The security deposit is due at the same time as the rent upon move-in. The amount of the deposit and the fact of its payment are recorded with a receipt.

The following information must be included in the collateral agreement for rental housing:

information identifying both parties to the transaction;
a list of persons who will live in the apartment;
description of residential premises and property assets located in them;
if there are defects, they must be indicated in the contract;
rental period for premises;
the amount of rent;
a list of rights and obligations for both parties;
conditions for early termination of the contract;
the amount of the deposit and the conditions for its use;
procedure for action in force majeure situations;
details of the parties and signatures with transcripts.

It is imperative that the sample lease agreement with a deposit include a field for specifying the address of the apartment being rented.

The conditions for renting an apartment are detailed when specifying the amount of the security deposit. The amount paid in advance may be equal to half the monthly rent or its full amount.

When a rental agreement is drawn up, it can be supplemented with copies of the owner’s and tenant’s passports. To confirm the rights to the apartment, a copy of the USRN extract is attached to the agreement. The number of rooms and housing area are taken from the technical plan.

At the end of the contract, if there is no damage to the property, the deposit must be returned to the tenant. The landlord cannot keep security deposit to cover costs if:

furniture or household appliances were slightly damaged (for example, abrasion of upholstery, washable surface contamination);
due to the fault of the tenant, the color of the walls was changed (provided that the changes were insignificant) or small nail holes appeared.

The use of collateral must be justified. In this case, the apartment owner draws up a report detailing the costs and indicating the nature of the repair work performed and their reasons. This reporting form must be created in two copies - one for each side.

You can view and download a sample apartment rental agreement with a deposit for free via a direct link.

The lease agreement for residential property is drawn up in simple oral or written form. The agreement defines the rights and obligations of the parties - the landlord and the tenant. According to the agreement, one party transfers an apartment to the other for temporary use. There is no transfer of ownership rights.

The Civil Code of the Russian Federation clearly defines cases in which an agreement is concluded in writing. The need arises when the following conditions exist:

one of the parties is an organization;
a long lease period exceeding 1 year is issued.

Agreement long term actions over 1 year must be registered in Rosreestr. An apartment rental agreement for up to a year, which can be extended by annual additional agreements, does not require registration.

Despite the permissibility of the oral form of the contract, the written form is predominantly used, which allows guaranteeing the implementation of rights in the event of violation of the terms by one of the parties. A standard sample lease agreement can be downloaded at the end of the article.

One of the most common agreements drawn up when transferring an apartment for rent is a security agreement. The need for a form arises when the property has expensive renovations, high-quality furniture and appliances, or there are doubts about the tenant’s solvency. The document drawn up when registering a lease must contain mandatory conditions. The form contains information on the subject, data of the parties, the period and registration of the transfer for use, the procedure for termination and return of property.

Registration of transfer of collateral

The amount of the deposit is transferred to the lessor in addition to the amount of the rent. Fact of cash transfer Money certified by a receipt. A standard sample receipt is used when conducting transactions involving individuals. Features of drawing up a receipt:

there is no need to have the document certified by a notary;
the document must contain information sufficient to identify the parties, the place and date of transfer of funds;
the fact of transfer of funds is confirmed by the signatures of 2 witnesses. The signature must be deciphered indicating surnames and initials;
details of passports or other documents of witnesses must be indicated at the end of the receipt.

Attention! The receipt for the transfer of collateral must contain a direct reference to the apartment rental agreement. Otherwise, the purpose of the funds can be determined as a loan.

If the agency participates in the conclusion of the contract, the amount of the deposit is not transferred to the intermediary. The right to receive the amount has the owner of the apartment or a person acting on his behalf with a notarized power of attorney indicating the right to receive the deposit amount.

A correctly drawn up receipt has legal force and is accepted as evidence in court. You can download a standard sample receipt using the link provided at the end of the article.

Key points of a lease agreement with a deposit

One of the forms of landlord guarantees is the inclusion of a security clause in the contract. The amount is set in a fixed amount and is written down in the document. The lessor covers with a deposit the costs received:

in case of damage to property located in the apartment - equipment, furniture;
in the absence of payment for accommodation;
when identifying long-distance negotiations that are due for payment with a one-month delay;
if it is necessary to clean heavily soiled rental housing.

Attention! The conditions under which the landlord can use the deposit amount must be clearly stated in the contract.

To protect the rights of the tenant, it is necessary to indicate in detail the presence of malfunctions or damage to the furnishings. The presence of scratches, chips, holes or stains on upholstered furniture and other defects in interior items are described. In the absence of a description of the shortcomings, it will be impossible to prove the case.

The following will not be compensated from the deposit amounts:

natural wear and tear of property (scuffs of upholstered furniture, holes in walls and other parts);
changes in wallpaper color that occur during normal use;
the cost of bringing into good condition the equipment and furniture available at the time of renting the apartment.

When compensating for expenses with a deposit, the landlord must provide the tenant with a written report on the funds spent; the second copy, signed for delivery, remains with the owner. The unused balance of the amount must be returned to the tenant.

Drawing up a pledge agreement

The agreement determines the period for repayment of the amount or the moment of compensation of costs with the deposit received by the owner of the apartment. It is possible to conclude a separate agreement for the amount of the deposit, which is an integral part of the main document drawn up when registering the lease of an apartment. When drawing up an agreement, you can use a standard contract as a template. The document describes:

conditions and reasons for using collateral;
documentation of reimbursement of expenses. In some cases, it is envisaged that the tenant, along with the expense report, will be provided with documents confirming the expenses;
the period required to assess the condition of the apartment and return the funds.

The period required for the return may be established by the parties by agreement. In the standard version, the period ranges from 2 weeks to 1.5 months. The days of the period are counted from the day the apartment is vacated and the act is signed.

The contractual relationship may be terminated before the expiration date. The document must stipulate the conditions for the return of amounts in the event of premature termination of the relationship. If the duration of the contract is uncertain, termination is notified one month before its termination.

If the landlord does not comply with the conditions for the return of funds, the tenant has every chance of receiving the amount when going to court. Litigation in court is not beneficial for the landlord. A person may additionally pay costs and compensate for moral damages to the injured party.

You can obtain standard documents by clicking on the links below.