How to Rent Out an Apartment Legally and Safely?

Studying in another city, traveling, living with family... Today renting an apartment is a common practice. How to conclude a deal and protect your rights? We provide a basic guide on concluding a lease agreement for residential premises.

Who can rent an apartment?

The tenant must be a citizen. The lease agreement also specifies individuals permanently residing with the tenant—these individuals have all rights to use the apartment, but the tenant is responsible for their actions.

People permanently living in the apartment will be considered sub-tenants if they sign a contract for joint liability with the tenant.

Who else can live in this apartment?

The tenant and individuals living with him may temporarily accommodate others without charge—but no more than six months. You must be notified and agree to this arrangement. If the law's minimum living space requirements are not met, you may prohibit their occupancy.

Important

Make copies of the tenant's passport and those of all individuals who will live with him.

How to Draft a Lease Agreement? Preamble

The document is called “Lease Agreement for Residential Premises.” First, specify the location (settlement) and date of the agreement. Then fully list the details of both parties: full names, passport details, birth dates, registration addresses.

Subject of the Agreement

You can rent out an apartment or a residential house—or part of them. In this section, describe the property: address, purpose, area, floor count, land details, and others. Indicate the documents that establish ownership rights.

Also define the agreement term and possibility of extension. The maximum lease term is five years. If not specified, the agreement is considered concluded for five years. Agreements lasting more than one year must be registered; otherwise, administrative liability applies. Often, the lease is concluded for 11 months.

Important

To check whether the tenant is trustworthy, start with a short-term agreement. For example, two to three months.

Rights and Obligations of Parties

This section is the most extensive. Clearly list the tenant’s obligations, as it's crucial for protecting your property and interests.

Rights to Include:

• You have the right to terminate the agreement early; notify the tenant in advance. For example, one month before the intended termination date;
  
• You can visit the apartment—"Trust, but verify";
  
• And unilaterally change the rent amount. If the tenant disagrees with this clause, you cannot change the rent.
  

Obligations to Include:

• Pay rent on time and cover utility and other services;
  
• Return the premises in good condition—after the lease term or upon early termination;
  
• Comply with fire safety regulations;
• Inform you of any correspondence addressed to you and other issues related to the premises.

It is also advisable to agree in the lease on the tenant’s right to keep pets in the apartment.

Important

Define in the agreement who is responsible for current and capital repairs of the premises. If this clause is missing, current repairs are the tenant’s responsibility, and capital repairs are yours.

Rent Amount and Payment Terms

Specify the rent amount for the leased premises, payment term, form, and manner of payment. If not specified in the agreement, payments are made monthly.

Indicate whether utility and other services (phone, internet, cable TV) are included in the rent.

Important

In your interest is to collect rent for a month in advance.

Responsibility of Parties

Clearly define responsibility for each possible dispute point: consequences of property loss or damage, failure to fulfill contract terms, and special conditions for early termination. Set penalties for late payments.

Important

Specify that payment of penalty does not exempt the tenant from full payment of rent. Also, the end of the agreement term does not relieve the tenant of responsibility for breaches.

Also note that in case of force majeure (natural disasters, military actions), the parties are not liable for non-fulfillment of their obligations under the agreement.

Dispute resolution should be agreed upon as a priority method—negotiation, of course, does not exclude court action.

Other Terms

This section contains special requirements for the owner and final provisions.

Specify that the agreement is drawn up in two copies, each having equal legal force, one for each party, and indicate the number of pages in the agreement.

Draw up a handover act for the premises. In the act, list the current state of the apartment and inventory. This act will be used for returning the premises to you.

Important

The handover act will be attached to the agreement. Therefore, in this section, state that such an act and other attachments are an integral part of the agreement.

Parties' Details and Signatures

In the fields “Landlord” and “Tenant,” enter full names, passport details, registration addresses, and contact methods (phone number, email address). Signatures with full names should be added.

Illustrations: Design project by Anna Kovalchenko.