Contract law. Residential tenancy agreement (most important)

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Contract law. Residential tenancy agreement (most important)

Lecture notes, cheat sheets

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41. LEASE OF RESIDENTIAL PREMISES

Residential lease agreement - this is an agreement by virtue of which one party - the owner of the residential premises or a person authorized by him (landlord) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it (Article 671 of the Civil Code of the Russian Federation).

The tenancy agreement is:

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

2) paid;

3) mutual.

subject of a contract - isolated premises, which is real estate and suitable for permanent residence of citizens.

Parties to the contract - landlord and tenant. On the side of the tenant can only be a citizen, on the side of the landlord - any person (a contract for the commercial rental of residential premises) or an authorized state or municipal body.

Form of contract - written. The contract specifies family members living together with the employer.

Contract term : for a commercial lease - no more than 5 years; for a social contract of employment - indefinite.

The tenant is obliged:

a) use the premises only for living;

b) ensure the safety of the dwelling and maintain it in proper condition, carry out current repairs, unless otherwise provided by the contract;

c) timely pay the rent for the dwelling - within the terms stipulated by the contract or the law;

d) make their own utility bills.

The tenant has the right:

a) use the premises for living, use the common property of an apartment building;

b) sublease the residential premises or part thereof;

c) conclude a contract for the lease of residential premises for a new term (preferential right of the tenant).

At the request of the landlord a tenancy agreement can be terminated by a court order in the following cases: if the tenant fails to pay the rent for the dwelling for 6 months, unless a longer term is established by the contract, and in the case of short-term rent - if the rent is not paid more than twice after the expiration of the payment term established by the contract; if the tenant or other citizens for whose actions he is responsible allow the destruction or damage to the dwelling; if the tenant or other citizens for whose actions he is responsible, despite the warning of the landlord, use the premises for other purposes or systematically violate the rights and interests of neighbors.

Author: Rezepova V.E.

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