How to make a lease agreement to return the deposit and not pay for someone else’s repairs

Every owner planning to rent an apartment, it is important to understand the legal aspects of the lease, including drafting the contract. This document contains all the key details and terms that the landlord may require from the tenant and will be right. The contract is drawn up in 2 copies, one for each party. It is not necessary to notarize the document, but if desired, it can be done.

“The contract must specify the subject of the contract, that is, a full description of the apartment, with all the technical parameters and address. As a basis, you can take an extract of EGRN or a certificate of ownership. And the fact that this apartment is transferred for temporary use for ordinary living, says the expert.

The document indicates the duration of the lease agreement. This period cannot be infinite and is usually up to five years. In practice, owners prefer to conclude contracts for 11 months to avoid their registration in Rosreestr, leaving the possibility of extension. The document also indicates the amount of rent, methods and dates of payment. Separately prescribe the amount of the deposit, which is also called a security payment. This is a mandatory contribution, usually equal to the monthly rent. The deposit is held if the tenant causes real damage or violates the terms of the contract.

“Describe the rights and obligations of the parties. The distribution for the payment of housing and communal services, who is responsible for minor repairs, rules about animals in the apartment, the possibility of subletting (from experience I would advise owners to prohibit subletting). Here you can add the order of access of the owner to the apartment, as the owner has the right to come to the tenant with verification. So that there are no overlays, you can write specific deadlines so that everyone is comfortable, said Tsiala Biniashvili, a member of the Russian Guild of Realtors.

If someone violates the agreement, then there is a classic clause in the contract, which spells out all the sanctions for violating the contract. The contract usually ends with a section on the avoidance and settlement of disputes, as well as final provisions. Annexes may be added to the contract if necessary.

In addition to drafting a contract, it is important to check the documents that need to be studied before signing it. Here it is necessary to distinguish the interests of the owner and the tenant. The owner must have a passport, an actual extract from the USRN, legal documents confirming his ownership of the apartment, as well as the written consent of third parties, if, for example, the apartment was purchased in marriage or it has several owners. In addition, you will need a certificate of absence of debt on utility payments and a house book or an extract of persons registered in the apartment. Some may find this superfluous, but it is better to check in advance to avoid problems with renting. If the transaction is conducted by a representative of the owner - an agency or a management company - the original of a notarized power of attorney with the authority to sign the contract and receive payment is required.

The tenant must check the power of attorney in the register of notarial actions. From the tenant need a passport and, by agreement, a certificate of income on the form 2-NDFL or bank statement. You can check it through the databases of the FSSP and the website of the Ministry of Internal Affairs. The inventory of property is compiled by a separate act of acceptance and transfer, which is a very important part of the contract.

The document is made when settling the tenant and inspecting the premises. The state of the property at the time of transfer is recorded here: all furniture, appliances, interior items and their condition are listed in detail.

I always recommend to my clients to write a detailed description of items instead of general phrases, especially those that are expensive in terms of cost - describe models, brands and cost on a check. It is even better to take photos to eliminate any disputes as much as possible. Also, the act should record the readings of meters at the time of the transfer of the apartment to avoid overlays when paying for housing and communal services, says expert Tsiala Biniashvili.

Such a detailed inventory protects both parties: the tenant, who will not be responsible for defects that appeared before settling in the apartment, and the owner, who will be able to claim damages upon departure, if the tenant spoiled something.

Before signing the agreement, it is necessary to carefully study its key points. It is important to record the current state of the apartment in order to return the deposit if necessary. If the other party violates the terms of the contract, appropriate measures should be taken.

To protect yourself and return your deposit, you need to read any font from small to large. It is important to read everything carefully, without missing even minor wording. As you know, the truth is hidden in the details.

“Read first of all and what to pay close attention to: personal data of the parties and apartment data, all financial conditions, look at the amount of the deposit, often many tenants are surprised that a deposit is needed, although this is a standard financial condition of the lease agreement of any premises, the procedure for termination.” Fixing the state of the apartment is carried out by the act of acceptance-transfer, that is, an inventory, which is compiled in the presence of both parties, the expert says.

In case of violation of the contract, the dispute with the tenant should first be settled. If this does not help, you will have to collect evidence (correspondence, checks, acts, photos, videos).