The contract of renting a dwelling premise is obligatory!

The contract of renting a dwelling consists when a person searches for an apartment, finds it and as a result - enters into a contract, and also when the dwelling in which he lives belongs to the social category. This is a mutual, onerous and consensual agreement. The term "consensual" refers to the voluntary agreement of the parties.

The type of contract depends on who owns the apartment. If the housing is municipal, then the contract will be about social hiring. And if the apartment belongs to a private person, then commercial. Regardless of the type of the contract, it can not contradict the norms of the law. The contract of social hiring is concluded with administrative institutions and is regulated by a standard set of legal acts related to the norms of civil and administrative legislation.

The commercial type agreement also does not contradict the legislation, but it may stipulate other terms, procedure and amount of payment. Issues relating to the repair and maintenance of the premises may be individual, not regulated by any norms, but are recorded in the contract in the same way as both sides of the transaction agree on them.

The contract of hiring a dwelling may concern any premises where normal conditions are created and a person can live. Sometimes people live in an apartment rented without a contract, considering it superfluous. In our opinion, it is necessary to insist on the contract, as sometimes it is the only guarantee that you will not be thrown out on the street when the owners wander about in the head or a dispute arises about rent or other principal issues. In addition, such an agreement will save you from the machinations of fraudsters taking money and disappearing forever.

There is a difference when concluding a contract between an individual and a legal entity. Legal entities conclude a lease agreement, and a commercial lease of a dwelling is a contract of individuals. It should be noted that it is limited to a maximum period of five years, even if this is not stipulated by the contracting parties. In case of disputes, the court will be guided precisely by this term.

The law provides that, three months before the end of this period, the party wishing to change the terms of the contract must notify the adverse party of the change in conditions. If this does not happen, then the contract remains in force and automatically renewed for a second term, that is, for another 5 years.

If the contract of hiring a dwelling premise for a long term is concluded, then the transaction can be registered at the registration center of housing. Thus, you can secure yourself from eviction, if the owner of the housing is replaced, the heirs will not be able to do anything until the end of the term and break the contract.

Housing, bought on the terms of mortgage lending, as a rule, banks stipulate that it can not be rented. This is due to the fact that no additional difficulties arise and the safety of housing is ensured.

About privatization

Privatization of apartments under the contract of social hiring is possible for housing, which was received before 01.03.2005. In addition to homeowners, privatization can be carried out by self-government bodies that manage privatization objects, municipal enterprises with a fund with the right of economic ownership, as well as state enterprises with operational management of apartments or dormitories and rooms.

Juveniles must necessarily be included in privatization. Privatization based on the voluntary desire of homeowners, from the moment the application is submitted, takes place within two months, and the right of ownership arises after registration in the state register.