
How to Draw Up a Housing Lease Agreement: the Main Points
A residential lease agreement is a document that is used to transfer a dwelling (such as an apartment or a room) from the owner to the tenant (an individual only) for occupancy. It differs from a lease agreement, which is usually applied to commercial real estate and can be concluded between legal entities.
Rights and Obligations of the Parties
Responsibilities of the landlord: the landlord undertakes to transfer the premises in good condition, suitable for habitation, with all necessary utilities connected. He also declares his readiness to eliminate any malfunctions that arise as a result of natural wear and tear of the equipment or system.
Responsibilities of the employer: the tenant undertakes to use the property for its intended purpose, maintain the property in proper condition and pay rent, including utilities, on time. He also assumes responsibility for notifying the landlord if any problems are discovered that require repair.
Both parties bear financial responsibility for failure to comply with rights and obligations. Thus, for providing housing in an uninhabitable condition or failure to comply with the terms of the contract, the landlord must pay compensation and provide another property option, or terminate the contract with the payment of a penalty to the tenant. The tenant will also be obliged to compensate for damage or pay a penalty upon termination of the contract for damage to property, late payment or violation of other terms of the contract.
Typically, the contract specifies a specific period of validity of the contract (for example, one year or more) and the conditions for its extension. Most often, the extension occurs automatically or by agreement of the parties.
In case of disputes, it is recommended to first use pre-trial settlement (negotiations). If this fails, the parties can go to court. The contract can also include a provision that disputes are considered in the court at the location of the housing.