How to conclude a contract for renting an apartment: the main nuances

If you plan to rent or lease residential real estate, a contract must be concluded under any circumstances. However, the content of the document often differs, the list of its conditions may not suit the lessor or lessee.

There are many more nuances that both parties should be aware of. We will discuss the question of how to conclude an apartment rental agreement from a legal point of view, what risks await "shadow" landlords, why documentary cooperation is required, and other points. By the way, if you are thinking about buying real estate, we recommend that you contact us professional luxury real estate agency THE Capital.

Why do you need to know how to conclude an apartment rental agreement?

A lease agreement is a legal document in which the home owner and the tenant list the terms of the agreement when the object is leased. The main purpose of the contract is to regulate relations and protect the parties in the event that any disputes arise during the lease process. Additional help in such situations is provided by the Civil Code - all the nuances of hiring and renting housing are prescribed in Chapter 59. Before signing an apartment rental agreement, you need to distinguish between renting and leasing:

• The document is an employment contract when its participants are natural persons.
• The document is called a lease agreement when one of the parties is a natural person and the other is a legal entity. The object of rent can be an apartment, a warehouse or an office space.

We will talk about how to correctly draw up an apartment rental agreement, namely, legally correct hiring.

See also:How to rent a non-residential premises?

How to conclude an apartment rental agreement: important points that a tenant should inquire about

• Find out from the landlord why the previous residents left, if any.
• Ask for receipts for paying utility bills or ask if there is any arrears. It is also important to find out whether the rental price will include utility payments and how the calculation is made - according to the meters or the general standard.
• Many are familiar with how to conclude an apartment rental agreement with the owner, and if the object has several owners? Such situations happen, here you need to get consent to rent from everyone.
• If during the inspection of the apartment you find any technical defects, insist on their elimination - by the owner or the new residents, but under the condition of deduction from the rental amount.

How to register an apartment rental agreement in the tax office

After the contract has been concluded, the notary informs the tax office about the availability of the legal document. The notary provides information about the identity of the owner of the apartment, who is subsequently notified. The owner is obliged to contact the local tax authorities with documents certifying the right to the real estate and the person, and a signed rental agreement is also provided.

If you want to know how the contract for renting an apartment is concluded, but you cooperate with an intermediary, an official realtor, he can also notify the service of taxes and fees. Tenants also have the right to be notified.

How to extend an apartment lease

According to the law, if the term of the standard five-year employment contract has expired and the cooperation of the parties remains valid, it is considered to be automatically extended for the same period, that is, for 5 years with all the prescribed conditions.

If the term of the contract is prescribed, it is considered extended for the same period by default. The parties also have the right to conclude a new contract with new conditions.

For those who are interested how to conclude an apartment rental agreement for a long period of time, it is important to know that in the case of long-term residence, tenants have a priority right to purchase housing. This is relevant in the case when the owner decides not to rent out, but to sell his real estate.

How to terminate an apartment rental agreement

Termination of the contract is an important point that each party should be aware of. In accordance with the legislation, the tenant or landlord must give 3 months' notice in advance. However, in some cases, the owner can demand forced termination of the contract, in particular through the court:

• The contract has lost its legal force, that is, it has expired, and the tenant still lives on the premises.
• The tenant transferred the premises to another person without the consent of the landlord.
• The apartment received technical damage due to the negligent behavior of the tenant.

That is why you need to know how to fill out an apartment rental agreement, so that in the event of disputes and legal situations, the document serves as the main legal evidence.

How to properly draw up an apartment rental agreement in Ukraine: conclusions

In the article, we talked about how an apartment rental agreement is drawn up, listing the main points. Whether it is necessary or not, whether to act against the law or within its framework is everyone's risk and personal matter. If you own an apartment, carefully study the Civil Code of Ukraine (Chapter 59), and in case of difficulties, contact our lawyers. If you are choosing a suitable housing and do not know how to correctly fill out the apartment rental agreement, our specialists will explain all the points, choosing the best option. Subscribe to our real estate blog updates and receive new posts from THE Capital real estate agency.