1. THE SUBJECT OF THE AGREEMENT
1.1. Under this agreement, the Landlord (Lessor) provides to the Tenant (Tenant) for rent an apartment owned by him, located at the address: .
1.2. The specified apartment has the following characteristics:
- Total usable area - sq.m.;
- Living area - sq.m.;
- Number of rooms;
- The estimated cost of the apartment provided according to BTI documents is rubles.
1.3. The Lessor's ownership of the specified apartment is confirmed by the following documents: .
1.4. The lessor guarantees that at the time of concluding this agreement the apartment is not mortgaged, is not under arrest and is not encumbered with any other obligations.
1.5. The tenant uses the leased property during the entire rental period in accordance with its intended purpose (for living).
1.6. Upon expiration of the lease term or at another time agreed with the Lessor, the Tenant has the right to purchase the rented apartment from the Lessor at the price of rubles. The Lessor's refusal to enter into an apartment purchase and sale agreement with the Tenant is not permitted.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Tenant (Lessee) is obliged:
- pay rent to the Lessor within the terms and in the manner established by this agreement;
- during the period of validity of this agreement, timely make all necessary utility payments (for electricity, water, telephone and others) in the prescribed manner. Payment of utilities is not included in the rent;
- use the apartment solely for residential purposes;
- treats the leased property properly and uses it in accordance with its purpose and technical features;
- comply with the rules for using residential premises, including safety rules, take the necessary measures to ensure the safety of the apartment and the equipment installed in it;
- maintain the apartment in proper condition, including, at your own expense, carry out routine repairs of the apartment and the plumbing and other equipment installed in it;
- compensate for damage caused to the apartment and the property installed in it due to his fault;
- in case of refusal to conclude a purchase and sale agreement, return the apartment to the Tenant in good condition, taking into account normal wear and tear;
- bear other obligations established by current legislation for tenants of residential premises.
2.2. The tenant assumes all risks associated with damage or loss, theft or premature wear of equipment installed in the apartment that occurs during the validity of this agreement. In the event of loss or damage to equipment, the Tenant is obliged, at his own expense, to repair or replace the relevant property with any other property acceptable to the Lessor.
2.3. The Tenant is obliged to inform the Lessor on all issues and circumstances related to the leased property. Communications must be timely and complete.
2.4. The Tenant (Lessee) has the right:
- return the rented apartment to the Lessor before the expiration of the lease term, having notified the Lessor in writing about this;
- preferential right over other persons to conclude a lease agreement for a new term;
- preferential right over other persons to acquire ownership of an apartment with all the equipment installed in it at the time of concluding this agreement;
- allow any persons of their choice to live in the apartment without subletting the apartment;
- acquire leased property into ownership through purchase or on other grounds provided by law; The Tenant must inform the Lessor about his choice before the expiration of this agreement;
- exercise other rights granted to tenants of residential premises by current legislation and business customs.
2.5. The Tenant may sublease (sublease) the apartment provided to him for rent only with the written consent of the Lessor. Such consent may be contained in a letter, telex, telegram, etc. The right to sublease the leased property may also be granted to the Tenant on the basis of an additional agreement, which will form an integral part of this Agreement.
2.6. The Lessor (Lessor) is obliged:
- hand over to the Tenant the apartment and the equipment installed in the apartment and other property in good working order and condition within days after the conclusion of this agreement;
- carry out major repairs of the apartment and replacement of worn-out equipment at your own expense;
- not to obstruct the Tenant (Tenant) in the lawful use of the rented apartment;
- conclude a new lease agreement for an apartment with the Tenant for the same period and on the same conditions after the expiration of this agreement if the Tenant refuses to purchase the apartment in accordance with clause 1.6 of this agreement;
- within days after the expiration of this agreement, enter into an agreement for the sale and purchase of an apartment with the Tenant on the terms specified in clause 1.6 of this agreement. The parties have the right to conclude another agreement for the alienation of the apartment in favor of the Tenant (Tenant).
2.7. During the period of validity of this agreement, the Lessor has no right to sell, give or otherwise alienate the apartment to third parties.
2.8. During the period of validity of this agreement, the Lessor also does not have the right to pledge the apartment or encumber it with any other obligations not related to the execution of this agreement.
3. SETTLEMENTS UNDER THE AGREEMENT
3.1. The Tenant undertakes to regularly pay the Landlord rent for the use of the apartment.
3.2. The rent is paid and amounts to rubles per month.
3.3. On the basis of an additional agreement, which will be an integral part of this Agreement, payments for rent may be made for services, works and in other forms permitted by law.
4. RESPONSIBILITY OF THE PARTIES UNDER THE AGREEMENT
4.1 The Lessor is responsible for all defects in the leased property if these defects prevent its normal use for its intended purpose, provided that these defects existed at the conclusion of the contract and were not and could not be known to the Tenant.
4.2. The Lessor is responsible to the Tenant for all claims that may arise from the rights of third parties that limit or prevent the use of the rented apartment and other property located in it, provided that the Tenant did not know and could not know about the existence of the rights of third parties when concluding the agreement 4.3 . The Tenant shall reimburse the Lessor for all losses associated with loss or damage to the leased property in the manner prescribed by law.
4.4. If the Lessor refuses to voluntarily enter into an agreement for the purchase and sale of an apartment on the terms specified in clause 1.6 of this agreement, the Tenant has the right to recover from the Lessor a fine in the amount of % of the transaction amount specified in clause 1.6, as well as to recover from the Lessor all damages caused by failure to fulfill the agreement losses.
4.5. In case of late payment of rent, the Tenant shall pay a penalty in the amount of % of the amount not paid on time for each day of delay.
4.6. Payment of penalties does not relieve the parties from compensation for damages caused by non-performance or improper performance in full.
5. VALIDITY OF THE AGREEMENT AND RIGHTS OF THE PARTIES AFTER THE EXPIRATION OF THE AGREEMENT
5.1. This agreement is concluded for a period of . The agreement comes into force from the moment of its conclusion.
5.2. Upon expiration of this agreement, the contracting parties undertake to choose one of the three options provided for in this paragraph:
- the contracting parties undertake to enter into an agreement for the sale and purchase of leased property on the terms specified in clause 1.6, or another agreement for the alienation of the apartment in favor of the Tenant;
- terminate their contractual relationship and the Tenant transfers the apartment and other leased property to the Landlord;
- the parties will enter into a new lease agreement for the apartment on the same terms for a new term.
6. SPECIAL CONDITIONS
6.1. The rent actually paid by the Tenant is not included in the transaction amount specified in clause 1.6.
7. FORCE MAJEURE
7.1. The parties are released from partial or full fulfillment of obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the party could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that the participant cannot influence and for the occurrence of which he is not responsible, for example, an earthquake, flood, fire, as well as a strike, government regulations or orders of government bodies.
8. SETTLEMENT OF DISPUTES
8.1. All possible disputes arising from this agreement or regarding this agreement will be resolved by the parties through negotiations.
8.2. If agreement is not reached, controversial issues are resolved in court.
The price of residential real estate in our country continues to remain quite high for a number of different reasons.
Dear readers! The article talks about typical ways to resolve 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.
It's fast and FOR FREE!
That is why one of the popular solutions is to rent real estate. If the house will be registered for temporary use, it is necessary to draw up a special rental agreement.
Moreover, it does not have a rigid form defined by legislation. But at the same time, there are a number of sections that must be present.
An agreement of this type must necessarily be drawn up within the framework of special regulatory documents.
It is best to work out this issue in advance. In addition, if possible, be sure to understand all the underlying regulatory documents in advance.
This will significantly simplify the process of registering real estate for rent, and will also allow you to independently monitor compliance with your rights.
General points
Purchasing real estate for many citizens is a rather pressing issue and, in some cases, impossible for financial reasons.
That is why the optimal solution may be a banal one at home. Moreover, in this case, you should definitely prepare a lease agreement.
It must be drawn up in accordance with all the rules and features of the process. First of all, it should be noted that this process has its own subtleties.
There are several different types of contracts of this type. First of all, this concerns agreements with subsequent rights.
This issue should be worked out in advance. There are some specific points related specifically to the preparation of such an agreement.
Again, these will need to be worked out in advance. This is the only way to avoid problems in the future.
Necessary concepts
It is very important to familiarize yourself with all regulatory documents before proceeding with the execution of a contract of the type in question.
But for a correct understanding of the data reflected in them, it is necessary to first study all the terms and concepts.
This will prevent various mistakes. The main concepts today include the following:
- tenant/landlord;
- right of redemption;
- lease contract;
- rent.
The parties who enter into an agreement of this type are designated by the terms tenant, lessor.
Accordingly, such concepts are defined precisely in the lease agreement itself. Moreover, it is necessary to indicate the exact location details.
Individuals, individual entrepreneurs, and companies can act as tenants and landlords.
Depending on the legal status, the corresponding type of contract may differ slightly.
Moreover, there are quite a large number of agreements of this type of various types. First of all, this concerns the right of redemption.
It is understood that upon termination of such an agreement it will be possible to carry out the process.
Moreover, the rental price often includes payment for the price of the real estate itself. Thus, by the end of the agreement, it will be possible to register the property as personal property.
Rent is a certain amount of money that must be paid for a certain period of use of real estate in a particular case.
The rental price is one of the most important parameters of the type of contract in question.
It is necessary to familiarize yourself with all the features and subtleties of calculating it. In this way, you can minimize the likelihood of errors occurring.
A contract of this type itself allows you to solve many different problems at the same time. First of all, this concerns the possibility of formalizing relations.
By using such an agreement, it will be possible to prevent a variety of problems and difficulties. And also protect your rights in court - if necessary.
What are the advantages
There are many types of lease-purchase agreements. But it is an agreement with the right to buy that allows you to solve a large number of problems at once.
Accordingly, such an agreement has a number of important advantages. These include:
In general, it is beneficial to use the agreement if, at the end of the lease period, a purchase of real estate of this type will be made.
This will allow you to avoid many difficulties and difficult moments. Separately, it should be noted that the registration process itself has a number of subtleties.
It has its own specifics. Therefore, in the absence of relevant experience, it is best to get advice from a qualified specialist. This will prevent many difficulties and problems.
Regulatory regulation
There are a large number of NAPs that affect the very fact of drawing up a lease agreement.
If for some reason there is no specific experience in drawing up such documents, then it is best to familiarize yourself with the NAP.
This will allow you to complete the contract completely independently without any outside help. And also monitor compliance with your own rights. It is best to work out this moment in advance.
The main NAP that regulates this moment is precisely.
This determines the format of the agreement, the regime for observing rights and obligations within the framework of such agreements. All aspects of such a transaction are considered in sufficient detail.
It also addresses the question of the legitimacy of its use. It is necessary to take into account that not all real estate can be used as a rental property.
Since there are a number of important restrictions imposed specifically on the execution of an agreement of this type. A complete list of all specific points is reflected in.
Separately, it should be noted that in some cases, both an individual and a legal entity or individual entrepreneur can act as a lessor. This point, again, should be sorted out in advance.
Since, depending on the legal status of the parties who enter into such an agreement, the registration of the agreement itself will depend.
The format of the agreement itself, as well as the point regarding registration, are discussed in detail in. Separately, it is worth stipulating the rental period of the property.
Since the duration of the agreement also directly affects the very fact of the need to carry out the registration process.
All the details of the process will need to be worked out in advance. All specific points regarding the term of the lease agreement are addressed in.
It should also be taken into account that the provision of property to the tenant must be carried out within the framework of a special agreement.
This will minimize the likelihood of any difficult situations, problems and difficulties.
All the subtleties of this transfer process are reflected in. The lessor bears certain responsibility for the property.
Renting a private home with subsequent purchase has been taking place more and more recently. There are quite a lot of reasons for this.
But the main thing is still the relatively high cost of the property. It is very important to work through all regulatory documents directly related to the process in advance.
In the future, this will prevent the very fact of the emergence of controversial, difficult situations.
Renting houses with subsequent purchase
Renting houses at this point in time can be done in different ways. Moreover, it is best to draw up a special agreement in advance that will define all the rights and obligations of the parties.
Otherwise, there is a high probability of various controversial and conflict situations. You can avoid all sorts of difficult moments in different ways.
The simplest way is to entrust the drafting of the agreement to a professional lawyer. But often this opportunity is missing for some reason.
In this case, a way out of this situation may be to use a sample lease agreement for a residential building with subsequent purchase.
First, the following issues will need to be worked out in advance in order to avoid problems:
- preparation of a package of documents;
- formation of an agreement;
- what is the employer's interest;
- difference from and ;
- risks when making a transaction.
Preparation of a package of documents
It is also worth noting that in order to draw up such an agreement, you will need to collect a certain list of special documentation.
Since most often the agreement must be registered with Rosreestr. However, the list of documents may differ slightly depending on the type of real estate, as well as a number of other factors.
But again, it will be possible to identify a number of standard documents that are required in almost all cases without exception:
- application for state registration;
- a document that certifies the identity of a specific applicant;
- lease agreement with a special attachment.
Various additional documents may also be required depending on the circumstances. These documents include the following:
If you have no experience in registering contracts or drawing up an agreement of this type, you should definitely consult with Rosreestr in advance.
This process allows you to avoid many complications and difficult moments in the future.
In particular, there is a loss of time in the event that it is necessary to carry out the process of completing additional documents.
There are specialized companies that deal with the preparation of this kind of documents for a fee.
But before contacting any specific institution, you should definitely prepare for the process in advance. This will prevent various difficulties and problematic situations.
In particular, there are a large number of scammers in this area. Therefore, it is necessary to understand all the intricacies of the registration process in advance.
Formation of the contract
Separately, it is worth noting that it must be issued in accordance with legal requirements.
Moreover, there is no rigid form of such a document. But at the same time, there are a number of points that must be present in the contract.
These include the following:
- serial number of the contract;
- date and place of drawing up the agreement;
- subject of the contract;
- duties of the parties;
- payments, settlements under the agreement;
- liability of the parties;
- other conditions;
- addresses, payment details of the parties.
All specific aspects of the agreement should be worked out in advance. This will prevent many different difficulties and controversial situations.
It is important to remember that almost without exception, difficult moments usually occur precisely due to the parties’ misunderstanding of the terms of such an agreement.
Accordingly, it is important to carefully study all the features and subtleties of drawing up the form.
The optimal solution if you have no experience in this matter is to use a correctly drafted contract as an example. Finding one won’t be too difficult.
Video: rental housing with option to buy
But the best solution is to use a qualified lawyer. It is only important to note that the cost of such services can be quite significant.
What is the landlord's interest?
The main interest of the property owner lies precisely in certainty. Since after the expiration of the contract, the probability of selling the property on appropriate terms will be quite high.
Accordingly, the tenant himself will be confident that the property will be in his ownership after a certain time on the agreed terms.
In general, drawing up such an agreement is beneficial to all parties to the transaction without exception.
Difference from leasing and mortgage
A house rental agreement with subsequent purchase has a number of distinctive features from leasing and mortgage agreements.
The main features include:
There may also be various other specific features associated with registering property in this way.
Again, it must be remembered that everything depends primarily on the specifics of a transaction of this type.
Risks when completing a transaction
There may also be certain risks when completing a transaction of this type. The main points include the following:
- impossibility of registration due to incorrect drafting of the contract;
- the likelihood of encountering scammers;
- violation by the parties themselves of the terms of the transaction;
- other.
RESIDENTIAL PREMISES WITH RIGHT OF BUY
_______________ "__"________ 20___
Citizen __________________________________________________________________,
(Full Name)
hereinafter referred to as the Tenant (Tenant), on the one hand and
(name of organization, enterprise)
hereinafter referred to as the Lessor (Lessor), represented by
_____,
(position, surname, first name, patronymic)
acting on the basis ___________________________________________________,
(Title of the document)
on the other hand, have entered into this agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this agreement, the Landlord (Lessor) provides the Tenant (Tenant) with a lease of an apartment owned by him, located at the address: _____________________________________________________
_________________________________________________________________________
1.2. The specified apartment has the following characteristics:
- Total usable area - ____________________ sq.m.;
- Living area - _____________________________ sq.m.;
- Number of rooms ______________________________;
- Estimated cost of the apartment provided according to BTI documents
Million rubles
1.3. The Lessor's ownership of the specified apartment is confirmed by the following documents: _______________________________________________
_____________________________________________________________________
_____________________________________________________________________
1.4. The lessor guarantees that at the time of concluding this agreement the apartment is not mortgaged, is not under arrest and is not encumbered with any other obligations.
1.5. The tenant uses the leased property during the entire rental period in accordance with its intended purpose (for living).
1.6. Upon expiration of the lease term or at another time agreed with the Lessor, the Tenant has the right to purchase the rented apartment from the Lessor at a price of ______________________________ rubles.
The Lessor's refusal to enter into an apartment purchase and sale agreement with the Tenant is not permitted.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Tenant (Lessee) is obliged:
- pay rent to the Lessor within the terms and in the manner established by this agreement;
- during the period of validity of this agreement, timely make all necessary utility payments (for electricity, water, telephone and others) in the prescribed manner. Payment of utilities is not included in the rent;
- use the apartment solely for residential purposes;
- treats the leased property properly and uses it in accordance with its purpose and technical features;
- comply with the rules for using residential premises, including safety rules, take the necessary measures to ensure the safety of the apartment and the equipment installed in it;
- maintain the apartment in proper condition, including, at your own expense, carry out routine repairs of the apartment and the plumbing and other equipment installed in it;
- compensate for damage caused to the apartment and the property installed in it due to his fault;
- in case of refusal to conclude a purchase and sale agreement, return the apartment to the Tenant in good condition, taking into account normal wear and tear;
- bear other obligations established by current legislation for tenants of residential premises.
2.2. The tenant assumes all risks associated with damage or loss, theft or premature wear of equipment installed in the apartment that occurs during the validity of this agreement.
In the event of loss or damage to equipment, the Tenant is obliged, at his own expense, to repair or replace the relevant property with any other property acceptable to the Lessor.
2.3. The Tenant is obliged to inform the Lessor on all issues and circumstances related to the leased property. Communications must be timely and complete.
2.4. The tenant has the right:
- return the rented apartment to the Lessor before the expiration of the lease term, having notified the Lessor in writing about this ______________;
- preferential right over other persons to conclude a lease agreement for a new term;
- preferential right over other persons to acquire ownership of an apartment with all the equipment installed in it at the time of concluding this agreement;
- allow any persons of their choice to live in the apartment without subletting the apartment;
- acquire leased property into ownership through purchase or on other grounds provided by law; The Tenant must notify the Lessor of his choice ____________________ before the expiration of this agreement;
- exercise other rights granted to tenants of residential premises by current legislation and business customs.
2.5. The Tenant may sublease (sublease) the apartment provided to him for rent only with the written consent of the Lessor. Such consent may be contained in a letter, telex, telegram, etc. The right to sublease the leased property may also be granted to the Tenant on the basis of an additional agreement, which will form an integral part of this Agreement.
2.6. The lessor is obliged:
- hand over to the Tenant the apartment and the equipment installed in the apartment and other property in good working order and condition within _________ days after the conclusion of this agreement;
- carry out major repairs of the apartment and replacement of worn-out equipment at your own expense;
- not to obstruct the Tenant (Tenant) in the lawful use of the rented apartment;
- conclude a new lease agreement for an apartment with the Tenant for the same period and on the same conditions after the expiration of this agreement if the Tenant refuses to purchase the apartment in accordance with clause 1.6 of this agreement;
- within __________ days after the expiration of this agreement, enter into an agreement for the purchase and sale of an apartment with the Tenant on the terms specified in clause 1.6 of this agreement.
The parties have the right to conclude another agreement for the alienation of the apartment in favor of the Tenant (Tenant).
2.7. During the period of validity of this agreement, the Lessor has no right to sell, give or otherwise alienate the apartment to third parties.
2.8. During the period of validity of this agreement, the Lessor also does not have the right to pledge the apartment or encumber it with any other obligations not related to the execution of this agreement.
3. SETTLEMENTS UNDER THE AGREEMENT
3.1. The Tenant undertakes to regularly pay the Landlord rent for the use of the apartment.
3.2. The rent is paid _________________ and amounts to _______________________ rubles per month.
3.3. On the basis of an additional agreement, which will be an integral part of this Agreement, payments for rent may be made for services, works and in other forms permitted by law.
4. RESPONSIBILITY OF THE PARTIES UNDER THE AGREEMENT
4.1 The Lessor is responsible for all defects in the leased property if these defects prevent its normal use for its intended purpose, provided that these defects existed at the conclusion of the contract and were not and could not be known to the Tenant.
4.2. The Lessor is responsible to the Tenant for all claims that may arise from the rights of third parties that limit or prevent the use of the rented apartment and other property located in it, provided that the Tenant did not know and could not know about the existence of the rights of third parties when concluding the agreement
4.3. The Tenant shall reimburse the Lessor for all losses associated with loss or damage to the leased property in the manner prescribed by law.
4.4. If the Lessor refuses to voluntarily enter into an agreement for the purchase and sale of an apartment on the terms specified in clause 1.6 of this agreement, the Tenant has the right to recover from the Lessor a fine in the amount of _____% of the transaction amount specified in clause 1.6, as well as to recover from the Lessor all damages caused by non-fulfillment contract losses.
4.5. In case of late payment of rent, the Tenant shall pay a penalty in the amount of ______% of the unpaid amount on time for each day of delay.
4.6. Payment of penalties does not relieve the parties from compensation for damages caused by non-performance or improper performance in full.
5. DURATION OF THE AGREEMENT AND RIGHTS OF THE PARTIES AFTER EXPIRATION
DURATION OF THE AGREEMENT
5.1. This agreement is concluded for a period of ___________________.
The agreement comes into force from the moment of its conclusion.
5.2. Upon expiration of this agreement, the contracting parties undertake to choose one of the three options provided for in this paragraph:
- the contracting parties undertake to enter into an agreement for the sale and purchase of leased property on the terms specified in clause 1.6, or another agreement for the alienation of the apartment in favor of the Tenant;
- terminate their contractual relationship and the Tenant transfers the apartment and other leased property to the Landlord;
- the parties will enter into a new lease agreement for the apartment on the same terms for a new term.
6. SPECIAL CONDITIONS
6.1. The rent actually paid by the Tenant is not included in the transaction amount specified in clause 1.6.
7. FORCE MAJEURE
7.1. The parties are released from partial or full fulfillment of obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the party could neither foresee nor prevent by reasonable measures. Force majeure circumstances include events that the participant cannot influence and for the occurrence of which he is not responsible, for example, an earthquake, flood, fire, as well as a strike, government regulations or orders of government bodies.
8. SETTLEMENT OF DISPUTES
8.1. All possible disputes arising from this agreement or regarding this agreement will be resolved by the parties through negotiations.
8.2. If agreement is not reached, controversial issues are resolved in court.
9. INFORMATION ABOUT THE PARTIES
9.1. Lessor: __________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
9.2. Tenant: _________________________________________________________________
(Full Name)
_________________________________________________________________________
(identity document, number, series, by whom and when issued)
_________________________________________________________________________
Signatures of the parties:
Lessor: __________________________
Tenant: __________________________
