Contract law. Rental agreement (most important)

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Contract law. Rental agreement (most important)

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34. RENTAL AGREEMENT

rental contract - this is an agreement by virtue of which the lessor, who leases property as a permanent business activity, undertakes to provide the tenant with movable property for a fee for temporary possession and use (Article 626 of the Civil Code of the Russian Federation).

The rental agreement is:

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all the essential terms of the rental contract;

2) paid;

3) mutual - the existence of subjective rights and obligations of both parties to the rental agreement;

4) public - the lessor, if he has the opportunity to rent property, does not have the right to refuse to conclude an agreement to the person who applied to him, to establish different conditions for different tenants in it.

The parties to the rental agreement are the landlord and the tenant. The lessor of the submitted agreement is businessman (commercial organization, individual entrepreneur), for which the lease of property is a permanent activity. Any person can act on the side of the tenant.

The subject of the rental agreement can only be movable property.

The property that is provided under this agreement is used for consumer purposes, unless otherwise provided by the agreement or follows from the essence of the obligation. In this regard, the tenants under this agreement are mainly citizens who use the property for personal, family, and home use. Consumer protection legislation applies to such relationships.

Form of contract - written.

The rental agreement cannot be concluded for an indefinite period. Its maximum term is established in an imperative manner and is equal to 1 year (clause 1 of article 627 of the Civil Code of the Russian Federation). The rules on the renewal of a lease agreement for an indefinite period and on the tenant's pre-emptive right to renew a lease agreement do not apply to a rental agreement (clause 2, article 627 of the Civil Code of the Russian Federation). The tenant may cancel the rental agreement at any time, subject to a written warning to the lessor of this at least 10 days in advance (clause 3 of article 672 of the Civil Code of the Russian Federation).

Capital and current repairs of property leased under a rental agreement are the responsibility of the lessor.

Not allowed: sublease of property provided under a rental agreement, transfer of their rights and obligations under the agreement to another person, provision of this property for gratuitous use, pledge of lease rights and making them as a property contribution to business partnerships and companies or a share contribution to production cooperatives.

Author: Rezepova V.E.

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