Contract for renting a room in a hostel. Room lease agreement between individuals: for rent in an apartment, hostel

In modern conditions, many categories of the population are unable to purchase their own housing, and even as a whole it can be quite difficult. In such cases, you can take the opportunity to rent a room. It's not as convenient, but definitely cheaper. To avoid problems, you need to carefully study the offers on the real estate market, make the right choice and properly document it.

Features of hiring part of the housing

The choice of where exactly it is worth renting an apartment must be done, taking into account many parameters. And they include not only a convenient location, living conditions or the estimated cost of living. Each of the options has its own nuances that you need to know about before you move to a new place of residence.

Hostel

Renting a room in a hostel. Not everyone has the right to settle in it. If you are not in an employment relationship with the owners of the building (or are not a student), you do not have the right to live there in accordance with applicable law. Even if there is an offer of such an option, to agree is to doom oneself to complete lack of rights with the possibility of being evicted to the street at any time of the day and time of the year. Moreover, if labor relations are broken (study ends), the rooms are automatically broken.

The mandatory area allocated per person when renting in a hostel is only 6 square meters, but if it is not enough, the contract is invalid. If the hostel passes into the ownership of another, all contracts also become invalid and are concluded anew, or eviction follows.

Communal

Renting a room in a communal apartment. What matters is who has the ownership of the provided living space. In the case of a privatized room, it is sufficient if the owner took the consent of all persons registered in it. Otherwise, the contract is invalid. On the other hand, the consent of the neighbors in the communal apartment is also desirable. Otherwise, the tenant will have a hard time, he will actually be forced to look for other housing.

If the room is not privatized, the Housing Committee must give consent to the sublease. In his practical property is housing. In addition, written consent must be given by all persons registered in the communal apartment. It is quite difficult to achieve this, but if the conditions are not met, the contract is not valid. But in a communal apartment, the minimum area per person for a lease is 12 sq.m.

Flat

Renting a room in an apartment. Renting a room in an apartment gives the tenant much more rights. They include the possibility of temporary residence for six months of temporary residents if they do it free of charge. The limitation is the footage, they must have enough living space. This provision does not apply to minors.

The contract includes persons who will live with the tenant. If there are changes in the composition of persons, they are entered into the contract with the consent of the owner of the room. With his consent, sublease is possible, when the tenant, in turn, rents out part or all of the room.

How to draw up a rental agreement for a room?

The form of the contract is easy to find on any legal portal, and a written form is required for it. If it is not planned, but a lease is needed for more than a year, state registration is required. It details the rights and obligations of both parties.

Usually contracts take into account the features mentioned above, but there are some more details depending on where the room is rented.

  1. In dorm. A special point is the obedience to the schedule of the life of the hostel, and for non-compliance, eviction threatens. But all domestic problems are solved by homeowners. Solving communal problems, providing furniture and repairs usually does not concern residents. If things are different, there should be a corresponding clause in the contract about this.
  2. In an ordinary and communal apartment. Specify in detail the date of payment for the lease, the amount of the lease, the possibility of changing the payment during the term of the contract and the percentage of this increase. You can also specify the time for which the owner must notify about changes in payment.

It is also important to clarify in the agreement:

  • Are utilities included in the payment?
  • Who repairs plumbing, furniture and appliances, the apartment as a whole during your stay? At whose expense, or in what percentage, if the costs are shared.
  • In addition, it is worth considering all tenants living with the tenant, who receive the same rights as the tenant.

Force majeure circumstances under which m. This clause depends on the personality of the owners of the room, and can be very different, up to frequent visits by guests in the middle of the night, can be made a separate clause. However, they must be spelled out as accurately as possible.

An act of delivery of housing is attached to the contract. It must be drawn up, accurately prescribing the condition of the housing, all the valuables in the room, household appliances and furniture. This will help in the future to bear fair financial responsibility both for the repair of the premises and for the condition of furniture and equipment on both sides at the end of the contract. Moreover, damage to housing and furniture can become the basis for terminating the contract through the court on the part of the homeowner.

You can download a sample form of a standard contract for renting a room in a communal and ordinary apartment, as well as in a hostel.

Sample contract for renting a room between individuals

Sample room rental agreement between individuals - 1

Sample contract for renting a room between individuals - 2

Sample contract for renting a room between individuals - 3

Sample contract for renting a room between individuals - 4

Sample room rental agreement between individuals - 5

How to take in long term rental room from the owner, without intermediaries, we will tell further.

Of course, using the services of realtors is quite expensive. It is much cheaper to take an interest in ads in the press, on the Internet and go personally to the indicated addresses. This takes time, but it also allows you to personally get acquainted with the proposed conditions and the owners of the property. You have to choose one or the other.

In this case, it is worth considering:

  • location in relation to the workplace (study tenant);
  • proximity to public transport;
  • who owns the ownership of the apartment and whether it is a subject of pledge;
  • the condition of not only the room, but also the bathroom, toilet, kitchen, which he has the right to use;
  • the condition of the house as a whole;
  • availability of furniture and household appliances;
Citizen, passport (series, number, issued), residing at the address, hereinafter referred to as " Landlord", on the one hand, and a citizen, passport (series, number, issued) residing at the address, hereinafter referred to as " Tenant”, on the other hand, hereinafter referred to as “ Parties”, have concluded this agreement, hereinafter referred to as the “Agreement”, as follows:
1. THE SUBJECT OF THE AGREEMENT

1.1. The Landlord provides for rent, and the Tenant rents a room m2, in a room apartment located at:.

2. OBLIGATIONS OF THE LESSOR

2.1. The landlord undertakes:

  • provide the Room to the Tenant from the "" year;
  • carry out maintenance of the apartment and equipment;
  • 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 fee of the GTS.
3. OBLIGATIONS OF THE LESSEE

3.1. The tenant undertakes:

  • timely pay bills for non-local telephone connections and other services not included in the monthly subscription fee of the GTS;
  • use the room for your own residence, not for subletting or as an office;
  • bear full liability for damage to the apartment, furniture and equipment, as well as adjacent premises caused through the fault or negligence of the Tenant;
  • The tenant is not responsible for the natural depreciation of the apartment and equipment;
  • keep pets in the apartment only with written permission from the Landlord, while the Tenant is fully responsible for the damage caused to the apartment by his (her) pets;
  • The tenant is fully responsible for damage caused to the apartment due to the fault or negligence of his guests or family members;
  • respect the peace of neighbors at night.
4. MUTUAL GUARANTEES

4.1. The landlord guarantees that the apartment belongs to him by right, all the necessary permissions from the co-owners, if any, are obtained and the conditions for renting the Rooms are agreed with them.

4.2. The landlord 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 Tenant guarantees timely and without delay to pay the rent and other payments provided for in this agreement.

5. PAYMENT TERMS

5.1. The monthly rent is set at Rs.

5.2. Payments will be made in advance for, no later than days from the beginning of the paid period.

5.3. Delay in payment for or more days is considered a failure to fulfill the terms of this agreement, which gives the Lessor the right to terminate it unilaterally.

5.4. The first payment, in the amount of rubles, is made at the time of signing this agreement, and is an advance payment for the first paid period and.

5.5. Pays for electricity.

6. TERM OF RENTAL

6.1. The lease term is set from "" year to "" year.

6.2. The terms of the contract are subject to change and the lease term may be extended subject to the written consent of both parties.

7. 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 Lessee/Lessor reserves the right, unilaterally, to terminate the agreement by notifying the other party in writing days before the date of termination of the agreement.

7.3. In case of early termination of the Agreement at the initiative of the Lessor, the Lessor undertakes:

  • notify the Tenant in writing one month before the date of termination of the Agreement;
  • return to the Tenant the fee for the paid but not lived period of employment;
  • reimburse the Tenant for the cost of renting another apartment.
8. MISCELLANEOUS

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

  • Issued by:
  • When issued:
  • Signature:

    • Renting a room in a hostel has a certain popularity due to the lack of the necessary funds to rent a separate apartment. Often the presented type of real estate is sought by students and single citizens who have just moved to a new place from another city. Often rooms are rented by students who do not want to huddle in a student hostel and look for secluded places to study.

    Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

    APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

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    But not everything is so rosy in renting a room located in a hostel of some kind - comfort and other conditions are not considered. We are talking about the legal side of the issue - the drafting of the contract, which will be discussed in more detail below.

    Peculiarities

    The features of renting a room in a hostel are no longer in the differences between the contract and standard documents, but in the conditions of settlement.

    Here are the following factors:

    • if the hostel belongs to a certain enterprise or is assigned to an educational institution, it will be quite difficult to move in there. That is, if you are an employee of an enterprise or a student of an educational institution, there will be no problems in renting. But provided that you are an outsider, it will be difficult to negotiate with the administration;
    • some unscrupulous commandants rent premises in dormitories upon drawing up a lease agreement in their own name. In this case, it should be understood that any inspection of the administration of an enterprise or educational institution will reveal the fact of a violation and oblige to immediately leave the premises. Paid cash in this case, you can not return;
    • Only the owner of the premises, who has the appropriate certificate of ownership, has the right to rent a room in a hostel. Often this is possible in family dormitories, where the rooms are all privatized by the tenants - in this case, the owners of the premises can dispose of their property as they wish;
    • along with renting a room, the tenant receives the right to use public places - a kitchen, a laundry (if any), a bathroom;
    • rooms with drainage are more valued, but when renting them out, it should be taken into account that the actions presented must be registered - permission must first be obtained to conduct water to your room and register the redevelopment carried out.

    Before concluding a lease agreement, tenants are advised to check the condition of the premises for public use.

    If there are not enough gas stoves in the kitchen, and washing machines do not work in the laundry room, it is not recommended to rent such a room.

    How to conclude and its sample

    Renting a dwelling is necessarily supported by an agreement, which is drawn up according to the exemplary model presented.

    The document must contain the following information:

    Information about the parties to the transaction If the agreement is made by individuals, all passport information, including registration, is provided. If there is a legal entity - the administration of an enterprise or a public institution can act in this matter - it is necessary to indicate all the data of the constituent documents, as well as the full name of the organization
    Subject of the contract Indicates the intention to rent the room. Also in this paragraph, the cadastral number of the object and all technical data are prescribed in accordance with the technical passport
    Rights of landlord and tenant The lessor has the right to carry out constant checks of the delivered object, but only at a certain time (it can also be prescribed in the contract). The tenant has the right to fully use the room with the public premises adjacent to it. The rights of the parties to the transaction are spelled out in, but the participants can add their own conditions following from the current individual situation
    Terms of the contract If the document does not specify the terms of the lease, the contract automatically becomes indefinite. Its subsequent termination will take place only by sending a notice and observing other important legislative points. The document must also specify the conditions for the extension of the deadline.
    The size rent The presented paragraph indicates such terms of the contract as a fixed rental price, payment terms, features for increasing rents (for example, with an increase in utility rates) and other points. It would be useful to indicate the features of resolving a dispute in the absence of timely payment
    Full list rights and obligations of the parties When drawing up this paragraph, they are more guided by the Civil Code of the Russian Federation, since gross violations of rights and lack of obligations lead to the recognition of the contract as invalid
    Other points It is possible to indicate in the contract the features of the transfer of a room for rent from the landlord to the tenant - how it is carried out, what it is based on

    The contract indicates only the information that is necessary for the cooperation of the parties. If the standard document contains points that contradict the oral agreement of the parties, they are not indicated.

    What documents are needed

    Depending on the status of the hostel and the rented room, a certain package of documents is prepared.

    If the tenant rents a room in a student dormitory or from an enterprise, then he collects the following documents:

    • direction from the administration of the enterprise or educational institution to receive a room;
    • tenant's passport;
    • medical certificate confirming that the tenant has no skin and venereal diseases. it is also necessary to submit a medical certificate on the passage of fluorography, which indicates the absence of tuberculosis and other pathologies transmitted by airborne droplets;
    • medical certificate about the epidemiological environment from the local clinic;
    • a receipt for payment of the specified rental price - a receipt is issued even in the administration, as a rule, the price of the issue is fixed here.

    If the room is rented from the owner of the premises, the following documents must be prepared:

    • passports of the parties - provided that individuals participate in the transaction. If the participant is a legal entity, then it is necessary to submit all constituent documents;
    • certificate of ownership of the room;
    • cadastral passport for the room;
    • technical passport for the room;

    • extract from the USRR - about the absence of arrest or any additional restrictions and encumbrances;
    • an extract from the financial personal account on the absence of debts on utility bills;

    • if there are several owners of the room, the consent of all must be submitted. Consent is certified by a notary;
    • if the premises were purchased during marriage, the consent of the spouse is required.

    Possibly with a certain unusual situation additional documents may be required. It is better to ask a lawyer about this.

    Validity

    The term of the room lease agreement can be short-term and long-term. Short-term - this is the validity of the document for several months.

    The submitted agreement is not subject to registration in Rosreestr, even if it is drawn up with an enterprise or educational institution.

    Another thing is long-term agreements. If we talk about an educational institution, then an agreement with a student is drawn up for the entire period of study.

    The document prescribes the terms for the removal of rent, taking into account the end of the semester or academic year. For the period of vacation, the student retains the right to rent a room in which he can also store his personal belongings.

    If the lease agreement is concluded in a production hostel, then the document specifies the duration of the agreement in the form of the duration of the employment contract between the employee and the employer.

    In this case, the deadlines for making payments for the room are prescribed, just once a month - often the rent amount is withheld from wages immediately. If an employee quits, he automatically has to terminate the lease.

    Contract for renting a room in a hostel between individuals

    As mentioned above, a room can also be rented out by the owner of the premises, but the presented version has its own characteristics:

    1. The landlord must submit a certificate of ownership and a document of grounds indicating the conditions for obtaining the submitted certificates.
    2. The landlord must obtain permission from all co-owners to rent out the room. The obtained permission must be notarized.
    3. If there are minors among the co-owners, then it is necessary to provide permission from their official representatives and guardianship authorities.
    4. If the dorm room was purchased during marriage, then the consent of the spouse is provided.
    5. If there is a water supply or a separate bathroom in the room, the tenant must check the compliance with the technical passport.

    As for the rest, the conditions for granting the right to live in a hostel room by the owner were indicated above.


    Back to

    Unfortunately, the real estate market is full of scammers who are happy to take advantage of the legal ignorance of users. To get a better feel for the criticality of the situation, consider a typical example where a dorm room lease is a trap for inattentive tenants.

    If we assume that you urgently need to settle in a metropolis, then it is not easy to detect the problem at first glance: there are many promising ads, affordable prices, convenient location.

    However, it is possible that behind all this lies a cruel scheme of deception:

    1. An authorized person from a "dark" company introduces himself as an intermediary and promises to settle in a hostel for a commission fee (an option that the client cannot refuse is described).

    2. The interested user concludes a contract with such an intermediary and pays the agreed monetary compensation.

    3. The representative of the company, under a valid pretext, reports the impossibility of settling in the agreed room and offers in return many other, completely unprofitable and irrelevant offers.

    4. The tenant is left homeless and without money.

    The peculiarity of such transactions is that they are legally correct, since under various formulations they do not fix the obligation for the company to provide the promised room for use (as a rule, such agreements are signed for the provision of information services).

    It turns out that before downloading a rent agreement for a room in a hostel, you need to find out the legal status of this type of housing, as well as establish who owns it and on what grounds cooperation takes place. Let us consider these points in more detail, since the safety of any tenant depends on them.

    A dormitory is a housing facility that is used as temporary housing for employees, students or workers. These persons are allowed to use the premises transferred to them during employment, provided that in the chosen locality they do not have their own property.

    There are a number of legal restrictions that apply to hostels:

    Legal entities and authorities, to which the residential premises are transferred for management, cannot privatize them or use them for commercial purposes;

    Individuals (tenants) cannot exchange or sublease the housing provided to them for use (Article 100 of the LC RF).

    In Art. 99 of the Housing Code of the Russian Federation states that any premises suitable for habitation can be provided for use only after the decision of the owner of such real estate.

    Municipal (state) housing stock;

    public education;

    Municipal (state) enterprises or institutions.

    Thus, the decision regarding the settlement of a particular person will be made by organizations that directly own the object to which legal status hostels.

    In order for the relationship to be formalized correctly, it is important for the owner and tenant to always comply with the written format of the transaction being made. In addition to the standard clauses inherent in a residential lease agreement (name, passport details, details of participants, subject, term, signatures, rights and obligations, liability and additional conditions), renting a room in a hostel has its own nuances. In each case, they must be considered separately.

    Given the above factors, we can highlight a list of key circumstances that distinguish a rental agreement for a room in a hostel from other types of housing rental:

    The agreement will be void if one person receives less than 6 sq. m. of living space.

    All residents must be in an employment relationship with the organization or enterprise that owns the object under study. The settlement of any other category of citizens is not allowed.

    A rental contract for housing in a hostel can be concluded only after the owner organization makes an appropriate decision. Such an agreement will only be valid during the period of study or employment.

    A typical condition for this type of lease is the provision of isolated housing. It is also allowed to accommodate several persons who are not related to each other (except when a family rents a room).

    If the tenant will not live alone, then all persons living with him must register (after that they will have equal rights and be jointly and severally liable).

    In Art. 101 RF LC, Article 105 LC RF defines cases when concluded contractual relations can be cancelled. According to generally accepted standards, eviction from a hostel is not accompanied by providing the tenant with new conditions for living (with the exception of certain categories of citizens, the circle of which is defined in Article 103 of the Housing Code of the Russian Federation).

    Living in a dormitory in the Housing Legislation is recognized as a fact sufficient to receive free premises (except in cases where a citizen has other immovable objects in his use, but for certain reasons does not use them).

    When the hostel is transferred to local governments and other legal entities, the status of the landlord changes. Such a change means the termination of the lease agreement for living in the selected dormitory room (the enterprise that provides them with living space ceases to be their employer). On the other hand, these same persons cannot be evicted without the provision of new housing, and therefore such relations must be re-registered (a social tenancy agreement is drawn up).

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