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Civil law. Part II. Commercial rental agreement for residential premises (most important)

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45. CONTRACT FOR COMMERCIAL LEASE OF RESIDENTIAL PREMISES

Features of a commercial rental agreement for residential premises:

a) the subject of the contract may be premises located in a private housing stock;

b) the amount of payment for residential premises is established by agreement of the parties. Unilateral changes in its size are not allowed; c) the term of payment for residential premises is determined by the contract, otherwise it must be paid monthly; d) the term of the contract cannot be more than 5 years; e) citizens permanently residing in residential premises must be indicated in the contract; f) citizens can be moved into residential premises for permanent residence, but with the consent of the landlord, tenant and citizens permanently residing with him, subject to compliance with the requirements of the law on the standard of living space per person, except in cases of moving in minor children; g) at the request of the tenant and other citizens permanently residing with him, and with the consent of the landlord, the tenant may be replaced by one of the citizens permanently residing with the tenant; h) in the event of the death of the tenant or his retirement, the contract continues to be valid on the same conditions, while one of the citizens permanently residing in this residential premises becomes the tenant with the consent of the remaining citizens.

Powers of the parties to the contract - the same as those indicated in group “a” in relation to the social rental agreement for residential premises, as well as the following: the landlord is obliged to transfer to the tenant free residential premises in a condition suitable for habitation; the landlord is obliged to carry out proper operation of the residential building in which the rented residential premises are located, to provide the tenant with utilities for a fee, and to carry out repairs to the common property of the apartment building; Only a citizen can be an employer under a contract; the tenant has a pre-emptive right to conclude a lease agreement for residential premises for a new term after the expiration of the lease agreement. This issue must be resolved 3 months before the expiration of the rental agreement. The tenant does not have the right to demand an increase in the number of people living with him when re-concluding the contract; the tenant has the right, with the consent of other persons permanently residing with him, to terminate the contract at any time by warning the landlord in writing 3 months in advance; the landlord has the right to demand termination of the contract in court if the tenant fails to pay for 6 months, and for a short-term contract - more than twice, as well as destruction or damage to the residential premises; the contract can be terminated in court at the request of either party if the residential premises have become unsuitable for habitation or are in disrepair, as well as in other cases; The landlord has the right to terminate the contract in court if the tenant or persons living with him use the residential premises for other purposes or systematically violate the rights and interests of neighbors.

In the event of termination of the contract, all persons living in the residential premises are subject to eviction on the basis of a court decision.

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