Hiring and renting a dwelling: differences in different types of contracts. What is it: an apartment rental agreement? How is it different from renting a home?

If you own a vacant apartment, you can rent it out. To avoid possible problems with tenants, you first need to discuss the conditions under which you will rent an apartment and conclude an agreement. The terms of the contract must not contradict the law, otherwise it is not recognized by any court in the event of litigation. It depends on the person between whom the lease agreement is concluded, which rule of law it will be regulated by, so you need to find out how rent differs from hiring.

What contract to conclude

If an apartment is rented out by one person to another, their relationship is regulated by the section of the Civil Code “Renting a dwelling”, and if an organization rents an apartment, for example, for the residence of its employee, the section “Rent of buildings and structures” will apply, because. the apartment is part of the building. This is required by Article 671 of the Civil Code.

In both cases, the law requires a written conclusion of the contract. You can call it both a contract of employment and a lease agreement, but they will be regulated precisely by the above rules. In both cases, the objects of the contract are only residential premises suitable for living, which are rented out on a reimbursable basis.

Hiring

The leasing of an apartment by one person to another is regulated by an entire chapter of the Civil Code, thirty-fifth. To legitimize the lease, Article 674 of the Civil Code requires the drawing up and signing of a lease agreement, under the terms of which the landlord, for a fee, allows the tenant to use his living space.

You can rent out an apartment, house, part of an apartment or part of a house, which must be suitable for permanent residence of people and isolated from the premises in which other people live.

If the lease agreement is concluded for more than a year, it must be registered with the Cadastral Chamber. To avoid the hassle of registration, contracts are concluded for 11 months and periodically renewed. You can extend it by concluding an additional agreement to the contract or provide for an extension clause in the contract itself.

The lease agreement is concluded for no more than five years, and if the period for which the agreement is concluded is not expressly specified, it is considered five years, that is, the agreement must be registered.

Only one person can be a tenant, and the members of his family who will live in a rented apartment fit into the rental agreement as permanent residents with the tenant. All of them are responsible for damage to the property of the landlord jointly and severally, that is, equally. Other citizens can be moved into the apartment only if the landlord agrees to this, only the move-in of children is recognized as an exception.

The contract of employment is terminated:

if the landlord, tenant and family members living with him agree to this;
if the tenant, by agreement with all family members living with him, warns the landlord three months before leaving;
a judge if the landlord goes to court due to the fact that the rent is not paid or the tenant damages or destroys the property;
by the court in the event that the housing is no longer suitable for habitation;
court, when the tenant or those living with him violate the rights of neighbors, and the landlord's warning did not affect them.

Often, lease agreements are concluded for an eleven-month period so that the Rosreestr Office, where agreements concluded for a year or more are registered, does not transfer data on lease encumbrances to the tax authorities. Thus, the landlords avoid paying taxes.

Renting an apartment by an organization

Before renting an apartment to an organization, you need to take into account the nuances of the lease agreement. Just as with hiring, the legal relationship between the tenant and the landlord, fixed in a written contract, is considered legal.

A lease agreement, unlike a lease agreement, can be concluded for an indefinite period. A contract valid for more than a year is registered with the Cadastral Chamber (Article 650 of the Civil Code), like a lease contract, registration can be avoided by setting a validity period of eleven months or less.

When renting an apartment to an organization, the owner must understand that it is the organization that is responsible for fulfilling the terms of the contract, and not those living in the apartment. Therefore, all claims should be directed to the address of the tenant organization.

Termination of the contract before the end of its validity period is possible only by mutual agreement or in court (Article 620 of the Civil Code) for the reasons that the tenant:

violates the terms of the contract;
damages the landlord's property;
I haven't paid rent for two months.

The main difference between renting and renting is that the tenant organization pays the rent tax for the landlord, so the tenant receives the agreed payments minus 13%.

This is explained by the fact that the tenant is a tax agent for the landlord, and tax agents in Russia are required to calculate and transfer personal income tax to the budget.

Now you have an answer to the question of what is the difference between renting and hiring. Regardless of how you call the contract - hire or lease, how the parties are named in the contract - tenant-lessor or tenant-landlord, the essence of the transaction does not change.

As an owner, every citizen can dispose of his property. A common legal action in real estate is renting or renting a home. The essence of both names is the same, but there are differences that you need to know before signing the agreement. What is the difference between the procedure for hiring and renting a dwelling, you should know the owner of the apartment and the tenant or tenant.

Lease agreements, as well as apartment rentals, are regulated by the Civil Code of the Russian Federation, Article 671. The differences between these legal concepts are established at the legislative level, where a description of the object of the agreement and the rules for writing the agreement are provided. According to Article 673 of the Civil Code of the Russian Federation, the object of the agreement is a residential building that has documentary evidence of its status.

In other words, it is unacceptable to settle tenants in a non-residential fund under any circumstances. If we are talking about an apartment in an ordinary house, then a temporary tenant acquires the right to use public premises along with other citizens. By law, the term of a contract of any type cannot exceed 5 years, the agreement can be extended at the request of the parties. If the parties enter into a short-term agreement for a period of less than 1 year, then registration of the document in the state register is not required.

At the same time, it is impossible to conclude a sublease agreement or temporary accommodation of additional citizens not specified in the current brief document. Renting, as well as hiring, is regulated by the legislator. According to Article 34 of the Civil Code, an agreement lasting more than 1 year, subject to registration in Rosreestr. It should be noted: if the validity period is not documented, then it is automatically taken equal to 5 years with the requirement to register with Rosreestr.

When the parties to the contract are individuals, then this is a recruitment procedure. It is in this way that the contract filled out by the parties should be indicated. Interested parties enter into a written agreement, which specifies the property, the obligations of the parties. The owner undertakes to provide housing, and the tenant in good faith and timely pay for the occupied property. We are talking only about apartments, in the contract an indication of the organization cannot be present.

According to Article 671 of the Civil Code, the owner is obliged to provide, by agreement, housing in a condition that allows the tenant to live there. Sometimes the tenant is a legal entity, then the contract will concern the lease. The use of the premises for commercial and industrial purposes is prohibited by law. Very often, the head of the enterprise rents a living space for the residence of his employees who have arrived in another locality for production needs, on a business trip.

Premises for rent

The lease agreement has the following feature: the object can be residential and non-residential premises. The tenant is a legal entity, the owner can be a citizen or an organization. Despite the general essence of the legal act, there are the following differences:

type of property. The opportunity to conclude a lease is provided for residential and non-residential premises;
the legal status of the participants: only citizens participate in the lease, a legal entity on at least one side participates in the lease;
the name and legal designation of the participants in the transaction;
legislative base: when hiring, chapter 35 works, when renting, the situation is regulated by chapter 34;
judicial instances consider disputes under both types of contracts, but hiring can be terminated by court order;
the solvency of the tenant, when a legal person is given preference over a civilian;
the form of the contract is different and is established by Article 609 and Article 674 of the Civil Code.

Long-term agreements are beneficial to the tenant, short-term agreements limit his rights and are beneficial to the owner of the facility. According to the existing rules, the contract of employment must be registered and marked with the tax service if the income received is above 10 minimum wages. A long-term rental agreement requires mandatory registration during the first month of residence, leading to a restriction of the rights of the owner. The administrative penalty for not registering with Rosreestr is 1.5-2 thousand rubles.

If the tenant and the owner do not comply with the rules of the Code of Administrative Offenses, then the owner may be held liable for up to 5 thousand rubles under Art. 19.21 of the administrative code.

A well-drafted contract significantly reduces the risks of settling tenants or using the non-residential fund for commercial purposes. It is recommended to download a sample from the Internet and, using the standard version, bring it to your specific case.

The text of the contract must contain a description of the object, accurate and not subject to double reading. It is required to take into account the differences between hiring and renting, as well as accurately record personal information about the participants in a legal transaction. The contract can be written in any form, it is preferable to fill out the printed form by hand. The document cannot contain blots and strikethroughs, the signatures are put by the participants themselves or legal representatives.

The agreement must be supported by an act of acceptance and transfer of property and an inventory signed by the parties to the agreement. Since the contract is long-term, new conditions may arise that fit into an additional contract when they arise. Be sure to write the procedure for paying for the premises, the amount of payments and the method of transfer. The contract must necessarily include a clause on the early or unilateral termination of the contract for renting or renting an apartment. What compensation is required in this case from the initiator of the early release of the territory.

An item that displays the rights and obligations of the parties may include information on fines and penalties for the violator of the agreement. The tenant is liable for the equipment, household appliances and furniture of the apartment received for use. By signing the inventory of property and the act of acceptance, the citizen confirms his agreement with the possible repayment of damage. We must not forget that conflict situations and disputes of participants in the procedure are considered by the court. The more detailed the lease agreement or apartment rental agreement is drawn up, the less contradictions may arise.

If we are talking about a long-term agreement, for example, for the lease of non-residential premises, it is recommended to show the project to a lawyer. The consultation will not take much time, but it will help to avoid complex and ambiguous provisions. The contract may have indications of permissible improvements to the area; without the consent of the owner, it is impossible to change the appearance of the property. In the event of force majeure, the parties must act in accordance with the prescribed procedure.

For example, the parties are given a certain period of 1 month to warn about the termination of an employment or lease agreement. An indication of the amount of payment for accommodation must be present in the contract. The inclusion of utility bills or separate charges must be recorded and strictly adhered to by the payer. Regardless of the difference between hiring and renting premises, both types of agreement must necessarily indicate the readings of metering devices. These control figures are reflected in the document and the countdown of payments continues from them.

The security deposit in both cases is taken, as a rule, in double monthly payment. Each contract has its own unique features, so participants can draw up special conditions for a standard type of agreement.

For example, it is worth mentioning frequent cases:

permission for the arrival and temporary residence of relatives;
presence of pets in the premises;
prohibition or permission to smoke;
Rules for visiting the apartment by the owner.

For temporary residents, registration at the place of residence is important. According to the rules, you can live without a temporary residence permit for up to 90 days, then a fine for the owner and tenant may follow. Temporary registration does not give the right to own living space, but is required to account for the migration of citizens.

At the birth of a child, he is automatically assigned to one of the parents without the permission of the owner of the apartment. Both parties should find out the rules for renting or hiring before concluding an agreement and transferring funds.

How is a rental agreement different from a rental agreement?

Lease agreement or lease agreement?

What is the difference between a lease agreement and a lease agreement when renting an apartment, what are their features

When renting the premises for a fee for use to a third party or organization, it is necessary to conclude an agreement. This is understood by the majority of owners of apartments or offices who want to rent their property for a fee for possession and use by another person. After all, the agreement will remove most of the problems associated with the further operation of their property, eliminate possible disputes and claims. Such an agreement will help to draw up a notary, a real estate agency or a law office. Often, specialists head the document "Residential Lease Agreement" instead of "Residential Rental Agreement". What can we say about the content of such acts ..? RealEstate.ru lawyer Natalia Troyanovskaya explains the difference between a lease agreement and a lease agreement, what problems can be avoided by correctly drafting a document, which agreement must be registered and which not, in an interview with a correspondent Robert Effe:

Lease and lease agreement, different concepts. In what situations is it better to use the first, and in which - the second contract?

Both the lease agreement and the lease agreement are property lease agreements. Chapter 35 of the Civil Code of the Russian Federation is devoted to the rental agreement of residential premises, and the relations of the parties under the lease agreement are regulated by Ch. 34 of the Civil Code of the Russian Federation. And, as a rule, you don’t have to choose between these two types of contracts, since the type of contract used is determined by the object (residential or non-residential premises) and the subject composition of the parties to the contract (legal entity or individual rents the object). The lease agreement is used if any real estate is rented for a fee, except for residential premises. In addition, a lease agreement is used if the residential premises are transferred to the possession and (or) use of a legal entity (clause 2 of article 671, clause 1 of article 677 of the Civil Code of the Russian Federation). But if the premises are transferred to the possession and use of an individual, then a lease agreement is used. In a lease agreement, the owner of the dwelling or a person authorized by him will be called the landlord, the other party - the tenant. In a lease agreement, the parties will be referred to as the landlord and the tenant. And I want to emphasize that it is unacceptable to replace the names of the parties in the apartment lease agreement and call such an agreement a lease agreement, since these agreements are regulated by different chapters of the Civil Code of the Russian Federation, these are different agreements.

Who is more profitable to rent out your apartment, a legal entity or a citizen?

If the apartment is rented to a legal entity, then the only possibility provided by law is to use the lease agreement. And if the apartment is rented to a citizen (individual), then a lease agreement is concluded. If the owner of the apartment has the opportunity to choose to whom to rent, then the differences in the legal regulation of these contracts should be taken into account. So, for example, a lease agreement can provide for the possibility of its termination on the grounds provided for by the agreement, out of court, while a lease agreement at the initiative of the landlord can only be terminated by a court order and only on very limited grounds. And then - I think many will agree with me, because it is logical - it is easier to recover unpaid rent from a legal entity, as well as damage that could be caused to a residential building or neighboring residential premises. After all, the location of the legal entity is determined and known. In addition, legal entities appear to be more solvent than individuals (citizens). I will add that a legal entity can use a rented apartment only for citizens.

On the other hand, some owners, even when renting apartments, prefer to deal with citizens, because in this case they see and know a person who will use their apartment "in person". For some of the owners, it is important that a lease agreement, even if concluded for a maximum period (five years), is not subject to state registration. Judging by the words of realtors, the owners-citizens prefer to rent their premises to the citizens themselves, and not to the company. Consequently, the contract of employment is used more frequently.

Please tell us about the peculiarities of the legal status of the parties under the contract.

In a contract of employment, the rights of the tenant, as a "weak party" in the contract, are specially protected by law. The condition for termination of the contract by the tenant unilaterally is the prior warning of the landlord and the consent of the citizens permanently residing with the tenant. If these conditions are met, the contract is considered terminated regardless of the consent of the landlord. And at the initiative of the landlord, the tenancy agreement can be terminated without the consent of the tenant only in court and only on the grounds provided for by law. Such grounds may be: - non-payment by the tenant of payment for housing for six months, if the contract does not establish a longer period, and in case of short-term hiring in case of non-payment of money more than twice within the period established by the contract; - if the tenant of the dwelling or other citizens for whose actions he is responsible use the dwelling for other purposes, or systematically violate the rights and interests of neighbors, or the tenant (or other citizens for whose actions he is responsible) destroys or spoils the dwelling. The contract of employment is concluded for a fixed period - no more than 5 years. The expiration of this period does not mean the need to leave the rented premises, since the tenant has the right to renew the contract for a new period. Not later than 3 months before the expiration of the tenancy agreement, the landlord must offer the tenant to conclude an agreement on the same or other conditions. Or the landlord must warn the tenant of the refusal to renew the contract in connection with the decision not to rent out this living space from the moment the contract is terminated for a whole year. If the landlord has not fulfilled this obligation, and the tenant has not refused to extend the contract, the contract is considered extended on the same terms and for the same period. From the point of view of the owner of the dwelling, the tenant has enough rights to settle in someone else's apartment for a long time.

Is it possible to reduce the scope of the tenant's rights in the contract?

The law distinguishes employment contracts for a short period (short-term employment), which recognizes a contract term of up to one year. Short-term commercial tenancy reduces the housing rights of the tenant and his family members. The move-in of citizens is carried out with the consent of the landlord, the tenant and other persons permanently residing with him, the tenant under a short-term contract does not have the right to move in temporary residents and sub-tenants, there is no pre-emptive right to renew the contract for a new term, there is no right to replace the tenant in the contract, etc. .d. In case of short-term lease, the scope of housing rights of residents may not be reduced if the parties to the lease agreement provide for appropriate provisions in the agreement. Can a number of clauses, for example, from the lease agreement, be included in the lease agreement, if this seems necessary? For example, the parties believe that this more accurately reflects their relationship.

The main thing is that the contract complies with the rules binding on the parties, established by law and other legal acts in force at the time of its conclusion. That is, if the law contains a rule that regulates certain relations under a contract, and there is no reference to the possibility of foreseeing a different development of events, then it is necessary to act according to the already written rules. Chapter 35 of the Civil Code of the Russian Federation applies to the contract for the rental of residential premises, Ch. 34 of the Civil Code of the Russian Federation - to the lease agreement. On the other hand, since both of these contracts are types of property lease agreements (although they are regulated by different chapters of the Civil Code and formally, a lease agreement is not a separate type of lease agreement), I believe that certain provisions of Chapter 34 of the Civil Code of the Russian Federation can be included in a lease agreement in the event that if these relations are not specifically regulated by the provisions of Chapter 35 of the Civil Code of the Russian Federation and if these provisions do not contradict the nature of the contract of employment. By writing in the title "Employment contract for 5 years" is it possible to protect it from registration? After all, a lease agreement is not registered only if it is concluded for a period of up to 1 year?

Remember that the type of civil law contract is determined not by the name, but by the content of this contract.

Accordingly, it is unacceptable to replace the names of the parties in the lease agreement and call such an agreement a lease agreement. In accordance with paragraph 1 of Art. 164 of the Civil Code of the Russian Federation, if the parties enter into a residential lease agreement (the tenant is an individual), state registration of such an agreement is not required, regardless of its validity period, since registration of rental agreements is not provided for by law. If the residential premises are transferred to a legal entity, then a lease agreement must be concluded (clause 2 of article 671, clause 1 of article 677 of the Civil Code of the Russian Federation), which is subject to state registration if it is concluded for a year or more. If such an agreement is called a lease agreement (by the way, I have seen such agreements), then by its nature it will still be a lease agreement and the rules of the Civil Code on a lease agreement will apply to it, including the need for state registration. Therefore, such an agreement will be considered not concluded and will not cause any legal consequences for the parties.

Renting is a type of rental of residential real estate. The owner (landlord) undertakes to provide the tenant (tenant) with the apartment for temporary use.

The main feature of hiring is that this operation is only for residential premises.

All non-residential facilities are provided for rent.

Also, when hiring, the party that rents an apartment for living can only be an individual ().

A real estate agent can be either an individual or an organization.

The following types of residential real estate are distinguished:

in case of social hiring, the landlord is the state or municipality that owns the residential property. With such an agreement, the apartment is provided free of charge, on an indefinite basis. The tenant is responsible for paying utilities and maintaining the property in good condition.
Under a specialized agreement, accommodation is provided for temporary accommodation. Such real estate includes service apartments, dormitories. They are provided for a period depending on the time of study or work.
Commercial hiring is formalized for profit and is considered a type of entrepreneurial activity. The owner is a private person or organization that makes a profit from the delivery of real estate.

Features of the contract of employment

An apartment rental agreement is an agreement that is drawn up between the participants in the rental: the landlord and the tenant (Article 671 of the Civil Code of the Russian Federation). It must be drawn up in writing ().

Article 671

Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (landlord) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
Residential premises may be provided to legal entities for possession and (or) use on the basis of a lease agreement or other agreement. A legal entity may use the premises only for the residence of citizens.

When drawing up an agreement that is valid for more than a year, it is registered in the USRN. So, if a tenancy agreement is concluded for 11 months, then this rule does not apply to it. The deadline for concluding an agreement is 5 years (Article 683 of the Civil Code of the Russian Federation).

Article 683

A residential lease agreement is concluded for a period not exceeding five years. If the term is not specified in the contract, the contract is considered to be concluded for five years.
The rules stipulated by paragraph 2 of Article 677, Articles , , and Paragraph 4 of paragraph 2 of Article 687 of this Code shall not apply to a contract for renting a dwelling, concluded for a period of up to one year (short-term lease), unless otherwise provided by the contract.

This document contains information about the object of hire: residential real estate. It must be habitable. According to Article 676 of the Civil Code of the Russian Federation, in case of long-term hiring, current repairs are assigned to the tenant, capital repairs are carried out by the owner of the premises. The area of \u200b\u200bthe living space does not matter, it is possible to conclude an agreement both in relation to a one-room apartment and a larger volume.

Article 676

The landlord is obliged to transfer to the tenant a free living space in a condition suitable for habitation.
The landlord is obliged to carry out the proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of the necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for the provision of communal services located in the residential premises.

A mandatory requirement is to indicate in the text all the persons who will live with the employer. The responsibility for all actions of these citizens lies with the tenant.

According to article 682 of the Civil Code of the Russian Federation, payment is established for the rent of living space. Unilateral change is prohibited. Payment must be made within the time specified in the document.

Article 682. Payment for residential premises

The amount of payment for a dwelling is established by agreement of the parties in a tenancy agreement. If, in accordance with the law, the maximum amount of payment for residential premises is established, the payment established in the contract must not exceed this amount.
A unilateral change in the amount of payment for a dwelling is not allowed, except as otherwise provided by law or an agreement.
The payment for the residential premises must be paid by the tenant within the time limits stipulated by the rental agreement for the residential premises. If the contract does not provide for a timeframe, the payment must be made by the tenant on a monthly basis in the manner prescribed by the Housing Code of the Russian Federation.

The contract fixes the responsibility of the participants in the hire. The owner must provide housing in an appropriate condition and maintain it. The tenant undertakes to use the apartment exclusively for living, as well as to make timely payments.

If the document does not specify who pays for housing and communal services, then according to the law, the tenant is such a party.

It is also possible to conclude a contract for renting a room in an apartment, but the main obligations of the tenant remain.

The document should include the main conditions under which the agreement is terminated.

Advantages and disadvantages

When signing a lease agreement, the owner receives a guarantee for the property. In case of damage to property or damage to housing, he will be able, having an agreement in his hands, to apply to the court and compensate for his damage.

In case of a short-term transaction after non-payment of housing fees for more than 2 times in a row or with a long-term agreement and non-payment for an apartment for more than six months, the owner has the right to demand compensation and evict the tenants.

For employers, the conclusion of the agreement is also beneficial. The homeowner will not be able to expel tenants earlier than the deadline. To terminate the transaction at the initiative of the landlord, a good reason is required, which is a disadvantage of such a transaction for him. The tenant is more secure when making a contract.

The disadvantage for the tenant is the obligation to inform the landlord about all citizens who stay in the apartment for a long time.

How is renting different from renting?

In order to decide whether to conclude a lease or rental agreement with the landlord, it is necessary to consider all their main differences.
Renting is considered a type of residential lease agreement. Both transactions are similar. Both when renting and when hiring, real estate is provided for temporary use to the other party.

However, the difference between hiring and renting an apartment is carried out for some reasons, which will be discussed below.

Deal object

When hiring, the transaction is concluded only for residential premises. Renting allows you to draw up documentation for both residential and non-residential real estate.

Parties

When hiring, the landlord can be both a citizen and an organization, for example, a municipality. Only a private person can act as an employer.

All citizens who will live with the tenant enter the document. If a legal entity acts as a tenant when making a transaction, then such paper will already be referred to as a Lease Agreement. The parties in this case will be the landlord and the tenant.

Document Form

The employment paper is drawn up only in writing. The conclusion of a short-term lease is allowed verbally if it takes place between individuals.

A lease agreement for a period of more than 1 year is subject to mandatory registration in the USRN. For a document of employment, there is no strict requirement in the law on putting it on state records.

If the period is not indicated in the document at the conclusion of the lease, it is set as the limit for such relations - 5 years. Lease can be issued for a longer period if the subject of the operation is non-residential premises.

Rent

The section with payment is considered an essential condition for the registration of rental relations. In case of gratuitous hiring, the payment for accommodation is charged only as payment for utility services. Also, if the tenancy agreement does not include a requirement who will pay for utilities, then by law this must be done by the tenant living in the rented premises.

Termination of an agreement

When hiring, the tenant of the premises is a more protected party when concluding the contract.

He can terminate it at any time without giving reasons.

The owner of the same for the termination of the contract is required to present weighty evidence. Without them, no court will terminate the deal.

When renting, both parties to the relationship are considered equal.

An employment document is an agreement between two parties to a transaction. Hiring is a type of lease relationship.

It has a number of differences that relate to the objects and subjects of the process of renting real estate, the form of the conclusion of the operation, the timing, size and procedure for making payment, and the conditions for termination.

The rental market strives for civilized relations, and the vast majority of its participants admit that a well-executed contract will help protect their interests in case of disagreements. But what kind of contract to conclude - or hiring? It turns out they are not the same thing. Galina Barkus, legal adviser at Savills, tells about the features of these agreements and the main nuances that must be taken into account when concluding them.

When a tenant for yours is found, the most essential living conditions are agreed upon, the question arises of competent legal registration of relations. And here it is necessary to determine what form of the contract is appropriate. There are lease and lease agreements, as well as sublease and sublease. What is each of them?

Subject and subject of the contract

Renting and hiring establish similar relationships, however, from a legal point of view, these are two different contracts, and the provisions of the chapters of the Civil Code of the Russian Federation that regulate them are somewhat different.

The first difference concerns the status of the tenant.

So, according to the existing legislation, only a lease agreement is concluded with a legal entity.

Note that if the subject of the lease is an apartment, then its use is possible only for the residence of citizens, for example, invited workers.

Physical persons among themselves, as a rule, conclude the contract of employment.

The second difference is in the subject matter of the contract. The subject of the lease agreement is certainly, and any real estate can be leased. Therefore, in relation to the now popular apartments that have the status of non-residential premises, a lease agreement is drawn up, regardless of the legal status of the parties.

Terms and Conditions

The following main differences are related to the term of the contract and the conditions for its termination.

According to the modern chapter of the Civil Code of the Russian Federation, which regulates hiring, the interests of the employer are a priority. So, he can terminate the contract of employment unilaterally, while it is necessary to notify the other party in writing 3 months in advance. This right is imperative, that is, regardless of whether it is stipulated in the contract or not, and regardless of the consent of the other party.

The landlord can terminate the rental agreement only in court

and only in case of certain violations on the part of the tenant (failure to pay, regular disturbance of the peace of neighbors, damage to property, etc.).

The judicial procedure for terminating a lease agreement is also established by law, however, in the lease agreement, the parties may prescribe other grounds for its termination out of court.

The law does not regulate the maximum possible term of a lease agreement, but for a lease agreement it is 5 years.

For short-term hiring (up to 1 year), some rights of the tenant are not established by law (for example, to sublease an apartment, the pre-emptive right of the tenant). In this case, the parties themselves can prescribe the opposite conditions when concluding the contract.

Form of lease and lease agreements

Lease and lease agreements must be in writing only. Both lease and lease contracts concluded for a period of at least 1 year are subject to mandatory registration with the Federal Service for State Registration, Cadastre and Cartography (Rosreestre).

However, it is worth noting that the law established a certain difference between the two procedures under consideration: state registration of a lease is carried out by registering the real estate lease agreement itself, while hiring, a restriction (encumbrance) of ownership of a dwelling is registered.

For violation of the procedure for registering a lease / lease agreement, various liability has been established.

Failure to comply with the established procedure for state registration of a lease agreement entails the imposition of an administrative fine in the range of 1.5–4 thousand rubles for individuals, and for legal entities – 30–40 thousand rubles.

As for the violation of the deadline for filing an application under a contract of employment, here the fines are more significant: 5,000 rubles for citizens, 100,000 rubles for individual entrepreneurs, and 200,000 rubles for legal entities. Considering that every second owner in the elite apartment market operates as an individual entrepreneur, we recommend that you be careful when agreeing on the term of a rental agreement.

Sublease and sublease

Sublease and sublease are also found in the real estate market, especially when it is necessary to exclude contact between the owner and the person living in the apartment. That is, this is a case in which the owner is interested in renting an apartment, receiving periodic payments, but not resolving current issues related to moving in, evicting, eliminating damage, terminating or extending. The intermediary tenant may be a real estate company or other authorized person.

There are several mandatory conditions for sublease and sublease. Firstly, the owner must agree, and secondly, the sublease period must be within the lease period, and the sublease period must be within the lease period. In case of early termination of the lease agreement, the sublease agreement automatically terminates.

It is worth noting that in the case of a sublease, upon termination of the lease agreement, the subtenant receives the right to sign the lease agreement, within the remaining period of the sublease and on the terms of the lease agreement. Sublease agreements are also subject to the rules on lease agreements, in other words, the pre-emptive right of the subtenant to sign the agreement for a new term also applies. Under sublease, such a right is not provided for by law.

The “rent-sublease” scheme is more common in the market than the “hire-sublease” scheme.

This is due not only to the fact that the law expands the rights of the subtenant more than the subtenant, but also due to the fact that most often the party-tenant, subsequently subletting the apartment, is a legal entity. And as we remember, a legal entity provides for the conclusion of a lease agreement, and not the rental of residential premises.

In any case, no matter what contract is concluded, we recommend that you approach it as carefully as possible and study all the details with a lawyer. This is the only way to guarantee the full security of the parties and the security of the transaction.