The lease agreement is designed to protect the tenant from an unscrupulous apartment owner, or vice versa. Thanks to this document, it is possible to quickly resolve controversial issues. But often people in search of simple ways neglect to draw up an agreement, which puts themselves in danger of getting into an unpleasant situation.
Why do you need a lease
You need to understand that if a lease agreement is not concluded when renting an apartment, then the transaction has no legal force and, according to the law, no one can be held liable in case of illegal actions. One of the following situations may occur:
- the owner of the apartment took a deposit and later denied the transfer of money;
- the person renting the premises may change his mind and insist on vacating the apartment;
- the person who rents out housing has no rights to it or does not in any way relate to it;
- the tenant promised to pay later and then went missing;
- the tenant disappeared with all the valuables from the premises.
To avoid such unpleasant situations, it is worthwhile to play it safe and sign a rental agreement for housing.
Actions before concluding a contract
Before filling out all the papers, you should pay attention to the following points:
- Who owns the apartment (according to the laws of Ukraine, only its owner or a person by power of attorney can rent out real estate);
- What does the person who leases it to you have to do with the premises;
- Is the apartment under a mortgage;
- Availability of other concluded lease agreements in force at the current time;
- The presence of a legal dispute over the ownership of this residential premises.
For complete safety, the owner should be required to present a passport and taxpayer card. As well as documents confirming the ownership of real estate. This can be a sales contract, a certificate of inheritance, a donation contract, a court decision, etc.
You can also find out who owns this room via the Internet on the website of the Ministry of Justice of Ukraine. To do this, you must apply for information and pay a fee of 20 UAH.
Drawing up a lease agreement
After completing all the above precautions, you can begin to draw up a lease agreement for the premises. It should be noted that there are no templates or standard lease agreements, they are all tailored to a specific situation and are a compromise between the requirements of the apartment owner and the tenant. Typically, the following clauses are included in the agreement:
- Data from the passports of the participants;
- Dwelling parameters;
- The term for which the apartment is rented;
- Cost and terms of payment;
- Conditions for early termination of the transaction;
- Terms of refund upon termination of the transaction;
- Obligations, rights and responsibilities of the parties to the agreement;
- Other conditions.
By “other conditions” is meant the introduction into the document of all the nuances that the parties consider important.
As for utility bills, according to the law, they are assigned by default to the tenant. But it is possible to indicate in the agreement the owner of the apartment as the payer, then he will pay for the communal apartment. The same applies to renovating an apartment. According to Art. 819 of the Civil Code of Ukraine, current repairs are made by the tenant, and the capital lessor, but everything can be changed in the corresponding clauses of the agreement.
The tenant has the right to leave at any time, but he must notify about this 3 months before the termination of the agreement. Otherwise, the owner of the apartment in a judicial proceeding may demand payment from the tenant for the last three months. Also, the tenant can give up the apartment if it has become unsuitable for living.
And finally, you should know that the lease agreement does not require notarization or state registration. It is enough to put the signatures of the parties on the document for it to come into force.