How to draw up a room rental agreement. Rental agreement for a room in a communal apartment

The duration of the room rental must be strictly fixed. If the parties decide to continue cooperation at the end of the contract, it is automatically extended. For long-term rent of a room, a contract is drawn up for 1 year, for short term use - from one month.

A room rental agreement is concluded between two persons: the tenant and the landlord. The definition of a room includes an isolated space in an apartment or residential building that is suitable for citizens to live in. According to the terms of the agreement, the lessor transfers the room to the other party for temporary use and for a certain fee. The tenant, in turn, must pay the required amount under the contract on time, as well as adhere to its terms during the operation of the premises.

In fact, an agreement of this kind is a property lease agreement and in its essence has many general factors with lease agreements for a residential building or apartment. As a result, relations between the parties to the transaction are regulated in accordance with the provisions of Chapter 34. Civil Code of the Russian Federation.

The room is recognized part of a residential building or apartment intended for use as a place of direct residence of citizens in a residential building or apartment (Article 16 of the Housing Code of the Russian Federation). The room, just like the apartment, must meet sanitary, fire safety, urban planning and technical requirements.

A distinctive feature of a room rental agreement is that both the apartment owners and the tenants use common areas (CPS): kitchen, toilet, bathroom, corridor. Therefore, the more detailed the conditions of use and rules of living in the apartment are stipulated, the less problems will arise in the future. The number of tenants determines the procedure for paying for the apartment, telephone, electricity and public utilities.

Forms of the Room Rental Agreement:

The standard contract form contains the following information:

passport details,
residential address of the tenant and landlord;
number of rooms for rent in the apartment;
number of the agreement, according to which the landlord has the right to legally rent out the room to third parties;
the number of persons living with the tenant;
rental period;
rights and obligations of the parties;
the amount of monthly payments from the employer;
additional terms of the contract.

Rights and obligations of the parties to the contract, as a rule, are identical in each case. The landlord undertakes to provide premises suitable for living, and the tenant must use the room without causing property damage. This paragraph specifies possible costs for renovation work cosmetic or capital nature.

Separately, the owner can make a list equipment and interior items available in the room, as well as indicate their technical condition. If the tenant damages anything in the occupied space, he will have to restore the broken item or replace it with an identical one. Monthly settlements between the parties to the agreement occur on a selected day convenient for both parties. If the landlord does not live in the apartment where the room is rented, a specific payment date is selected. In the event that the tenant cannot make the payment on time, he must notify the owner of this without fail and set a new date.

The difference between renting a room and an apartment

Renting a room in an apartment where one or more people live can be inconvenient for several reasons:

the presence of strangers during your absence;
shared kitchen and bathroom;
personal hostility between cohabitants.

Among the advantages of renting a room, the first thing worth noting is the low rent. Another advantage of renting a room for temporary residence is the significant difference in utility bills with the landlord. In addition, for single people who find it important to communicate at least with their neighbors, the option of renting a room fits better. Yes, you can rent it daily.

There are three main rental options:

Rent a room from the owner and live together with him.
Rent an apartment by sharing for several people.
Rent a room in communal apartment.

In this case, the owner is not even obliged to ask neighbors for permission to rent out the property. From a legal point of view, there is no difference in drawing up a room rental agreement between the listed options. However, when renting out an apartment to several tenants at once, it is necessary to register the occupied living space for each. Free rent is very different from both types.

Everyone is responsible to the owner independently, therefore, if one of the persons fails to pay for the room, the others do not have to pay the debt for him.

Nuances of concluding the Agreement

If a room is rented in an apartment owned by a person, then such an agreement is subject to the requirements of Chapter 35 of the Civil Code of the Russian Federation. If there are several owners of a residential area, then the consent of each of them is required to carry out the transaction (Clause 1 of Article 246 of the Civil Code of the Russian Federation). Or, if a general agreement has been reached in advance by all co-owners on the possibility of renting out living space, you can issue a power of attorney for one of them and indicate in the document his authority to conclude a rental agreement on behalf of each of the participants in the common property. IN in this case permission from neighbors management company or other bodies are not required, since the property is disposed of by the owner independently and in full.
If we're talking about about non-privatized apartments, then the landlord in this case is the municipality or the state, which provides the individual tenant with an apartment for use on the basis of a social tenancy agreement. In this case individual- the tenant can rent out part of the residential premises (room) to third parties. Such a transaction will be called sublease (Clause 1, Article 67 of the RF Housing Code). To do this, you need to send a written request addressed to the owner of the residential space, which is the relevant government body (most often this is the property management department of the municipality). Such a request must contain a request for permission to rent out the apartment and the signatures of all family members living in this apartment. Within 10 days, the employer receives either consent to sublease or a refusal with reasoning. For example, property management may not allow subletting of an apartment if after the conclusion of the transaction living space per 1 family member will be below the established minimum accounting norm (clause 1, article 76 of the Housing Code of the Russian Federation).

Nuances of a sublease agreement for a non-privatized apartment

Special requirements for a sublease agreement for a non-privatized apartment are specified in Art. 77 Housing Code of the Russian Federation:

the document is drawn up in writing;
one of the copies must be provided to the landlord;
the document lists all the persons who move into the residential premises together with the subtenant;
the term of the sublease agreement cannot exceed the period for which the lease agreement was concluded; if the term is not specified in the text, then the agreement will be valid for 1 year;
the use of residential premises by a subtenant must not violate the terms of the sublease agreement, rental agreement and the requirements of the legislation of the Russian Federation, including the Housing Code of the Russian Federation;
The tenant remains responsible to the landlord for the use of the provided residential premises (Clause 3, Article 76 of the Housing Code of the Russian Federation).

Termination of the contract occurs upon the expiration of its term or at the request of one or both parties (Article 79 of the Housing Code of the Russian Federation). The transfer of such responsibilities under a sublease agreement is unlawful and void. In all other respects, the provisions of the Civil Code of the Russian Federation on renting and renting residential premises (chapters 34–35) are applied, with references to the norms of other sections of legislation.

Rental agreement for a room in a communal apartment

In terms of its mechanism, renting out a room in a non-privatized communal apartment is similar to the procedure for subletting a room in an ordinary non-privatized apartment. The owner, i.e. the lessor, is either the municipality or the state. In this case, a written application is issued with a request to authorize the sublease transaction. Clause 2 art. 76 of the RF Housing Code states that the request must be accompanied by confirmation of the consent of the remaining persons living in the apartment to this kind of transaction. If consent is received from the property owner, a sublease agreement is drawn up. The requirements for it are similar to the requirements for a sublease agreement for a room in an apartment (Articles 77–79 of the Housing Code of the Russian Federation, Chapters 34–35 of the Civil Code of the Russian Federation).
A privatized room in a communal apartment can be successfully rented out under a rental agreement without the consent of anyone (except for the co-owners of the room, if any). When it comes to renting out a room, you need to set out in a separate paragraph the conditions for using the premises that belong to the common property of the residents: corridors, bathrooms, kitchens, because they often become the subject of conflicts. When drawing up an agreement, you should be guided by the provisions of Chapters 34–35 of the Civil Code of the Russian Federation. It is better to discuss the issue of a tenant with your neighbors in a communal apartment to reduce the likelihood of conflict or rejection, although legally they are not involved in the transaction.

Dorm room rental agreement

The Housing Code of the Russian Federation defines such premises in Art. 94 and formulates their main purpose: citizens are accommodated in such living space for the duration of their labor activity in the organization, service or training. In this case, the provision of housing is carried out through a rental agreement (Article 105 of the Housing Code of the Russian Federation). The owner of a dormitory room may be the state, municipality, entity- employer, educational institution, department. There are also privatized rooms. If you need to rent a room in a room, you must follow the algorithm given for renting rooms in apartments and communal apartments, depending on the type of owner, respectively.

Thus, the structure of a rental agreement for a room is almost the same as a rental agreement for an entire apartment: preamble, subject of the agreement, rent and conditions for its implementation, term (optional), conditions for changing and terminating the agreement, responsibility of the parties , final provisions, details and signatures of the parties to the transaction. The description of the subject of the contract, in addition to the address, also includes a clarification that 1 room is for rent, and not the entire apartment, and its details: location in total area, number or other possible data. The contract is drawn up taking into account the requirements of the Housing and Civil Codes of the Russian Federation.

Correctly drawing up a room rental agreement means protecting yourself from unnecessary risks. You can download the form and adapt it to your conditions - step-by-step instruction is given below.

Legal essence of the document and its validity period

The legislation does not allocate room rental to a separate rental category. Those. from a legal point of view, renting an apartment, a house, or just a room for a certain period of time is the same action both in essence and in terms of the rights and obligations of the parties who sign the corresponding room rental agreement.

There are several standard requirements for such an agreement:

It is drawn up exclusively in written form. The contents of the document are drawn up in any form, but it is necessary to indicate the subject, full names of the parties (tenant and lessor) and the date of signing - without these essential conditions the contract is not recognized as legally valid.
The signatures of the parties can be put as in the usual way(handwritten), and in the form of scans or faxes - but in any case they must be original, i.e. entered directly by the parties to the contract.
According to the validity period of the room rental agreement, please note Special attention. If the deadline was not initially specified, then by default the document is still recognized as legally valid. In this case, the contract is considered unlimited, and the parties are required to notify about its termination at least 3 months in advance. If the termination procedure is specified separately, it takes precedence over this rule.
If the validity period of the contract is expected to be more than 1 year, then the contract must be certified by the local branch of Rosreestr (Cadastral Chamber).

In practice, it is much easier to sign an agreement for 11 months, and then extend it for the same or shorter period using additional agreements.

Sample room rental agreement 2018

In ordinary cases, when the parties have no particular doubts about each other’s dishonest intentions, the room rental agreement form can be downloaded, printed and filled out yourself. Ideally, it consists of a fairly large number of sections (10-12) to take into account all possible risks if the parties fail to fulfill their obligations.

The subject states not only the essence of the agreement, but also provides a link to a document confirming the owner’s ownership of this room. Here you must indicate at whose expense the procedure for registering the agreement will be completed if it is concluded for a period of more than a year. The fact is that the law does not determine who exactly bears the expenses, so the parties themselves must agree on this.
The next paragraph, which can be named arbitrarily at your discretion, prescribes the procedure for transferring the room itself for use to the tenant, as well as the property in the room. Be sure to refer to the Transfer and Acceptance Certificate, which provides an inventory of this property and its condition, so that the possible liability of the person who damaged it can subsequently be established.
The term section indicates the start date of the contract and its expected end. It is also indicated that both parties can initiate a change in deadlines, but only by mutual agreement. In the most common option, the validity period is extended, which is fixed in an additional agreement.
Next, the price of the contract is written down – i.e. the amount of payment and the frequency of its payment (every month or quarter - at the discretion of the lessor). Here you must indicate who pays utility bills, the use of telephone, cable television, Internet and other services - either they are included in the rent, and it is fixed, or they are paid in addition to the payment (this is the most common situation).
Next in the agreement there is a section describing the rights and obligations of the person renting out the room - the landlord. In the interests of the tenant, it is necessary to specify whether the landlord will reimburse the cost of the so-called inseparable room improvements or not. This concept refers to repair work, the result of which cannot be taken with you (for example, wallpapering, repairs on the balcony, replacing wiring, etc.). And one more important point – on the day the tenant moves in, all utility bills must be paid, i.e. The responsibility for possible non-payment lies solely with the lessor.
The next section details the rights and obligations that the tenant bears. Particular attention should be paid to the tenant’s ability to move into the room members of his family (or other persons) - i.e. describe such a possibility and procedure for check-in, or separately indicate that such a function is not provided. The tenant also needs to pay attention that he is obliged to immediately report all possible malfunctions household appliances, equipment, furniture, regardless of whose fault the breakdowns occurred.
The next paragraph describes the already mentioned possible improvements to the room that the tenant can carry out, but only with the consent of the landlord. Those. structural changes made on their own initiative are compensated by the owner of the room only at his personal discretion. In addition, the owner of the room may stipulate in the lease agreement that he prohibits carrying out any repair work. On the other hand, the owner does not have the right to describe the tenant to carry out repairs. From the point of view of the law, living conditions must be acceptable- and all improvements are agreed upon separately, or a clause immediately follows that repairs are prohibited.
The section “Responsibility of the Parties” describes penalties in case of violation of their obligations. Citizens themselves can agree possible types liability, but they cannot violate civil law. Moreover, even if liability measures are not prescribed, this does not mean that the parties are exempt from possible punishment - then the damage will be compensated in accordance with the judicial procedure.
The following section describes how to return a room after it has been used - i.e. after the termination of the room rental agreement. In the interests of the landlord, it is necessary to indicate that the property and the room itself are transferred in the same condition in which they were provided to the resident. However the inevitability of depreciation (wear and tear) is taken into account in advance, which is defined as “normal wear and tear”. Of course, such an indicator is determined visually, but if a fundamental disagreement arises, the injured party (the owner of the room) will have to prove the fact material damage in court with an examination at your own expense (if you win the case, the funds will be compensated at the expense of the tenant).
Along with the termination of a room rental agreement on a predetermined day, there are also grounds for which the document becomes invalid early. From the landlord's point of view, it is important to pay attention to the fact that even if the room is significantly damaged due to force majeure (fire, flooding, etc.), the contract automatically terminates. It is also important to note that the owner of the premises must conduct it major renovation as needed– i.e. to constantly maintain the room in a condition suitable for habitation. Even if this clause is not reflected in the contract, the law is on the side of the tenant. Otherwise, the contract is considered terminated on the same day.
Next, the final provisions, the procedure for possible settlement of disagreements between the parties are prescribed, and the contact details of the parties are provided.

The following documents are usually used as attachments:

Cadastral passport of the apartment in which the room is located, or the room itself (if the owner only owns it as shared ownership).
A complete list of all property that is transferred for use for the entire term of the contract.
Transfer acceptance certificate – the condition of equipment and other property is recorded here to prevent possible disputes in the future.

NOTE. The rental agreement is considered valid if the transfer of the room occurs without completing these applications. However, if they exist, annexes are considered an integral part of the main contract.

Document form " Approximate form agreement for renting a room in a residential building" refers to the heading "Rental agreement for residential premises, apartments." Save the link to the document in in social networks or download it to your computer.

Agreement for renting a room in a residential building

___________________________________ ____________________________________

(name of locality) (day, month, year in words)

Citizen(s) _____________________________________________________

(Please indicate full name)

passport series ____________________ N ______________________, issued "____"

200_ g.

Department code __________,

hereinafter referred to as the “Lenter”, acting on his

name, on the one hand, and citizen(s) _________________________________

(Please indicate full name)

passport series ___________ N ____________, issued "____" _________ 200_

Department code ___________,

(name of issuing authority)

hereinafter referred to as the "Tenant", acting on his

name, on the other hand, have entered into this Agreement as follows:

1. The Lessor transfers and the Tenant accepts for use one

isolated room with an area of _________________________________ sq. m. in residential

(in numbers and words)

house owned by the Lessor by right of ownership

basis_______________________________________________________________.

(indicate the name of the title document, by whom and when issued)

2. The residential building is _________ - storey

A building consisting of _____ rooms

(wooden, brick, other)

and is located at:

Region, _______________________________________,

(locality: district, city, town, village)

street ______________________, house N ____, building (building) N ____.

3. This Agreement is concluded for ________ years.

4. The tenant of the residential premises has the right to terminate at any time

Lease agreement with written notice to the Lessor 3 (three) months before

the scheduled termination date of employment, in accordance with paragraph 1 of Art. 687 Civil Code of the Russian Federation.

5. The employer is obliged monthly no later than ____ date of the current

pay rent for a month, which is _______________________

(in numbers and words)

rubles for one month.

6. Rent is paid in cash against the Landlord's receipt.

7. The room is transferred to the Tenant for living.

8. The tenant is obliged to use the room only for living,

ensure its safety and maintain it in proper condition.

9. The tenant has no right to sublet a room or

provide it to third parties.

10. The tenant is obliged to keep the room clean,

your account Maintenance.

11. The employer does not have the right to carry out reorganization and reconstruction

rooms without the consent of the Landlord.

12. The lessor has the right on the basis of clause 2 of Art. 687 Civil Code of the Russian Federation

demand termination of this Agreement in court if

The tenant of a residential room does not pay rent for the residential premises within

six months.

13. Changes in the terms of this Agreement or its termination may

take place by agreement of the Parties.

14. In all other respects that are not provided for in this Agreement,

civil law is subject to application Russian Federation.

15. This agreement is concluded in two original copies, according to

one copy for each party. Both copies have the same

legal force.

Landlord Tenant

________________ __________________ ________________ __________________

(signature) (full name) (signature) (full name)

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____________________ "___"__________201__

We, the undersigned: _____________________________________________________________

passport series: ____________No._________________ issued ________________________________

residing at the address: __________________________________________________________

contact telephone number: ________________________________, hereinafter referred to as “Lenter”,

on the one hand, and ___________________________________________________________________

passport series: _____________No_________________ issued by _______________________________

residing at the address: __________________________________________________________

_________________________________________________________________________________

contact phone number: ________________________________, hereinafter referred to as “Tenner”,

on the other hand, have entered into an Agreement as follows.

1. Subject of this agreement.

1.1 The Landlord provides the Tenant with premises consisting of ____ room, B __ room apartment

at the address: ________________, street ________________________________ house No. ____ building ___

fraction ___ building ____ apartment No.______ for a fee, for temporary use for residential purposes.

1.2 The premises belong to the Lessor on the basis

_________________________________________________________________________________

1.3 The following will live in the apartment together with the Tenant during the rental period:

_________________________________________________________________________________

_______________________________________________________________________________

1.4 The rental period is set from “_____” _____________201___ to “_____”____________201___.

1.5 If the parties agree, the term of the Agreement is extended independently.

2. Rights and Obligations of the parties.

2.1 The Lessor undertakes:

Provide the specified premises to the Tenant since “_____” ____________ 201 __.
Provide the Tenant with free access to the premises;
Upon termination of this Agreement, return the advance rent minus the days lived, subject to the Tenant complying with all his obligations under this Agreement.
It is mandatory to return the amount of the guarantee payment (deposit) upon expiration of the rental period, if the Tenant fulfills clause 2.2; 3.3; 3.8.

2.2 The Employer undertakes;

Use this premises only for the purpose specified in clause 1.1. Do not sublease the premises or transfer the rights of use to third parties;
Do not sublease the premises or transfer the rights of use to third parties;
Do not carry out alterations or re-equipment without the written permission of the Landlord;
Assume full financial responsibility for the rented residential premises and for all possible consequences real lease (lease);
Take full financial responsibility for all property transferred to him and located on the premises, keep it in good condition and clean.
Follow the rules fire safety;
When vacating this premises, hand it over to the Landlord in a condition no worse than when signing this Agreement.

3. Payments and settlements.

3.1. The monthly payment for the use of the premises is ___________________________________ rubles.

3.2. Payment for rent is made by the Tenant ____ month ___ in advance, then no later than ____ date of each month.

3.3. As a guarantee payment (deposit), the Tenant paid an amount in the amount of

3.4. At the time of signing this Agreement, the Tenant transferred to the Lessor an amount in the amount of

Rubles.

3.5. The rent amount cannot be changed without written agreement of both parties.

3.6. Utility payments are made by the Landlord.

3.7. Payment for telephone calls is made by the Employer.

4. Responsibility of the parties.

4.1. In case of early termination of employment and termination of the Agreement, each party is obliged to notify the other party no later than one month before the date of the expected termination of employment.

4.2. Early termination of employment and termination of this Agreement is possible in cases of violation by the Landlord or Tenant of their obligations under this Agreement.

4.3. The parties mutually checked personal documents and documents confirming the right to dispose of this apartment.

4.4. The Landlord confirms the consent of the persons registered or having the right to dispose of this apartment with the terms of this Agreement, and also that this premises has not been sold, not mortgaged, is not the subject of a legal dispute and is not under arrest.

4.5. The parties confirm that they are familiar with all the terms of this Agreement, fully agree with them and are personally responsible for their compliance.

4.6. The Lessor and the Tenant certify the correct and competent work of the company representative. They have no factual claims in the transaction procedure and execution of this Agreement.

5. Additional conditions.

_______________________________________________________________________________

6. Signatures of the parties.

RENTER ____________________________

HIREER ________________________________

This agreement is drawn up in __________ copies, each of which has equal legal force.

Date ______________________________________