Housing rental agreement (hire): essential terms and form of the agreement + apartment rental agreement template

Hiring, or in other words, renting a home, is one of the most widespread legal relationships in everyday life, which is why it is extremely important to navigate the main nuances of a rental agreement.

So , according to the housing rental agreement, one party - the owner of the housing (the lessor) transfers or undertakes to transfer the housing to the other party (the lessee) for living in it for a certain period of time for a fee ( Article 810 of the Civil Code of Ukraine ).

Thus, the essential conditions of the housing lease agreement are:

- the subject of the contract, that is, the rental object (housing)

- lease term

- rent.

We remind you that without reaching an agreement on the essential terms of the contract, the contract cannot be considered concluded. Therefore, in any case, the contract must include essential conditions.

According to Art. 812 of the Civil Code of Ukraine , the subject of a housing rental agreement can be housing, in particular an apartment or its part, a residential building or its part. The premises must be suitable for permanent residence. A tenant of an apartment building has the right to use the property serving the building.

The term of the housing rental agreement is defined in Art. 821 of the Central Committee of Ukraine . The housing rental contract is concluded for the period established by the contract. If the contract does not specify a term, the contract is considered concluded for five years. The provisions of the first part of Article 816 , the provisions of Article 818 and Articles 822 , 823 , 824 of this Code shall not apply to the housing rental agreement concluded for a period of up to one year (short-term rental).

Article 820 of the Civil Code of Ukraine regulates the issue of rent payment . Therefore , the amount of payment for housing rent is established in the housing rental agreement. If the law establishes the maximum amount of rent for housing, the fee established in the contract cannot exceed this amount. A unilateral change in the amount of rent for housing is not allowed, unless otherwise established by the contract or law. The lessee pays the rent for housing within the period established by the housing lease agreement. If the contract does not specify the period for paying the rent, the tenant pays it every month.

The form of the housing rental agreement is regulated by Art. 811 of the Civil Code of Ukraine , according to which the housing rental agreement is concluded in writing.

Individuals and legal entities can be parties to a housing rental agreement . If the tenant is a legal entity, it can use housing only for the residence of natural persons ( Article 813 of the Civil Code of Ukraine ). Usually, the parties in the contract are called the landlord or lessor (this is the owner of the housing) and the tenant or tenant (the person renting the housing).

Other persons may permanently live with the tenant in the rented premises. According to Art. 816 of the Civil Code of Ukraine , the persons who will live with the tenant must be specified in the housing rental agreement. These persons acquire the same rights and responsibilities as the lessee regarding the ownership and use of housing. The lessee is responsible to the lessor for the violation of the terms of the contract by persons living with him. If there are several tenants, their obligations under the tenancy agreement are joint and several. The order of ownership and use of housing by the tenant and the persons who live with him permanently is determined by agreement between them, and in case of a dispute, it is established by a court decision.

At the same time, the lessee and the persons who permanently live with him, by their mutual consent and with the prior notice of the lessor, may allow temporary residence in the apartment of another person (persons) without charging a fee for renting housing (temporary residents). Temporary residents do not have an independent right to own and use housing. Temporary residents must vacate the dwelling after the expiration of the period of residence agreed with them or no later than seven days from the day the tenant or landlord presents to them a demand to vacate the dwelling ( Article 818 of the Civil Code of Ukraine ).

The lessee and persons permanently living with him have the right, with their mutual consent and with the lessor's consent, to move other persons into the dwelling for permanent residence ( Article 817 of the Civil Code of Ukraine ). Such persons acquire the same rights of ownership and use of housing as other persons, unless otherwise provided for when they moved in.

Responsibilities of the lessee ( Article 815 of the Civil Code of Ukraine ):

1. The lessee is obliged to use the housing only for living in it, to ensure the preservation of the housing and to maintain it in proper condition.

2. The lessee does not have the right to rearrange and reconstruct housing without the consent of the lessor.

3. The lessee is obliged to pay the rent for housing in a timely manner. The lessee is obliged to pay for utility services on his own, unless otherwise stipulated in the lease agreement.

Preferred rights of the tenant ( Article 822 of the Civil Code of Ukraine ):

In case of expiration of the lease agreement, the lessee has a priority right to conclude a lease agreement for a new term. No later than three months before the expiration of the tenancy agreement, the lessor may offer the lessee to conclude an agreement on the same or different terms or warn the lessee about refusing to conclude an agreement for a new term. If the lessor has not warned the lessee and the lessee has not vacated the apartment, the contract is considered concluded on the same terms and for the same term.

If the lessor refused to enter into a contract for a new term, but within one year entered into a housing rental agreement with another person, the lessee has the right to demand the transfer of the lessee's rights to him and (or) compensation for damages caused by the refusal to conclude a contract with him for a new term.

In the case of the sale of housing, which was the subject of a lease agreement, the lessee has a priority over other persons to purchase it.

The peculiarity of the termination of the housing rental agreement is regulated by Art. 825 of the Central Committee of Ukraine . Thus, the lessee has the right, with the consent of other persons who permanently live with him, to withdraw from the lease agreement at any time, by notifying the lessor in writing three months in advance. If the tenant has vacated the accommodation without notice, the landlord has the right to demand three months' rent from him, if the landlord proves that he could not enter into a rental agreement on the same terms with another person.

The lessee has the right to withdraw from the housing rental agreement if the housing has become unfit for permanent residence.

Premature termination of the housing rental agreement with redemption before the lessor acquires the right to housing is carried out in accordance with the procedure established by law. A lease agreement with redemption may be terminated in cases specified by law.

The housing rental agreement may be terminated by a court decision at the request of the lessor in the following cases:

1) non-payment by the lessee of housing rent for six months, if the contract does not establish a longer period, and in the case of short-term rent - more than twice;

2) destruction or damage to housing by the tenant or other persons for whose actions he is responsible.

It should be noted that with regard to the repair of housing rented out. Current repairs of the rented housing must be carried out by the lessee, unless otherwise stipulated by the contract. The lessor is obliged to carry out capital repairs of the rented housing, unless otherwise stipulated by the contract. Conversion of a residential building in which housing is leased, if such conversion will significantly change the conditions of ownership and/or use of housing, is not allowed without the consent of the tenant ( Article 819 of the Civil Code of Ukraine ).

IMPORTANTLY! In the case of a change of owner of the rented housing, the rights and obligations of the lessor are transferred to the new owner ( Article 814 of the Civil Code of Ukraine ).

You can create an apartment rental agreement in the Instaco designer by following the link . To create, you only need to enter the necessary data in the designer.