Contents of the act of returning the apartment to the rental agreement
Despite the fact that there is no specific form for filling out the act, like any other legal document, it must be drawn up in accordance with the general requirements of the Civil Code.
The drawing up of the act as a component of the transaction is carried out in writing (Article 160 of the Civil Code of the Russian Federation). Based on the general requirements, the following items are considered mandatory:
- indication of the number of the residential lease agreement to which this act is attached;
- indication of the date of preparation of documents;
- indication of the passport details of the tenant and the lessor;
- indication of the full address of the object of the transaction - residential premises (city, street, house, apartment);
- indicating the date of signing the document.
Also in the document it is necessary to state the fact of transfer of housing to the owner and note the absence or presence of identified deficiencies and inconsistencies that were not taken into account in the transfer act.
Residential lease agreement, transfer acceptance certificate
Advice from lawyers:
1. Should there be an act of acceptance of the transfer of premises to the social tenancy agreement, and if there is none, can it be proven that the premises were not accepted?
1.1. The act of acceptance and transfer of housing is not a mandatory condition of the housing rental agreement, but determines the moment of transfer of housing to the tenant and records the condition of the housing and things transferred by the landlord for temporary use and possession. The acceptance certificate can be included in the rental agreement at the request of the parties. The act is drawn up in any form, but in order for it to have legal force, it must reflect the following points: Place and time of drawing up the document. Number and date of registration of the rental agreement. Data of the parties to the contract. For individuals – full name and passport details. For legal entities - the full name of the organization and IIN. Condition of housing. Availability of repairs, with clarification of its type - major, partial, fine finishing, etc. Improvements made by the landlord that have become an integral part of the housing may be indicated. If, during inspection by the tenant, any defects were discovered in the rental housing, this must be reflected in the report. If no deficiencies are found, then it is advisable to record this in the act. Signatures of the parties. If one of the parties is a legal entity, then the seal of the enterprise is affixed. When signing the act, the tenant is given the keys to the premises and a security deposit, if it was provided for in the rental agreement.
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1.2. No, not necessarily. The act of acceptance of the transfer is generally not a mandatory document for recognition of the agreement as concluded, including when concluding a social tenancy agreement. If you have actually moved in, this is independent proof of the conclusion of the contract.
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2. Please tell me whether a residential lease agreement can be considered valid before the actual transfer of the apartment for rent, without signing the acceptance certificate, without handing over the keys?
2.1. Hello! Maybe based on the terms of the contract you signed. But contracts regarding real estate are usually signed simultaneously with the deed or the deed is included in the contract.
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2.2. Please tell me whether a residential lease agreement can be considered valid before the actual transfer of the apartment for rent, without signing the acceptance certificate, without handing over the keys? No, if the contract stipulates that the transfer of the apartment and the keys to it is carried out by signing the acceptance certificate.
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3. A residential lease agreement was concluded for 11 months. The agreement specifies the act of acceptance and transfer of property and that it is an integral part of the agreement. The specified agreement is notarized. I am an employer. I signed the rental agreement, but there is no acceptance certificate for the transfer; it was not even attached to the agreement. Will I be responsible for property located in rented residential premises? And is such an agreement legal?
3.1. Svetlana, hello. If anything goes missing, employers have the right to file a claim in court, and also have the right to write a statement to the police in accordance with Article 144 of the Code of Criminal Procedure of the Russian Federation.
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4. Please tell me whether for the court an apartment rental agreement is confirmation that a person actually lived in this apartment or whether an act of acceptance and transfer of residential premises is required.
4.1. Please tell me whether the court considers an apartment rental agreement to be confirmation that a person actually lived in this apartment or whether an act of acceptance and transfer of residential premises is required. All these documents will be evidence, and the court will evaluate them based on the essence of the case.
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4.2. Hello. The law does not establish the mandatory nature of the act, but for a more complete justification of the residence, it is desirable. Article 676. Obligations of the landlord of residential premises 1. The landlord is obliged to transfer to the tenant free residential premises in a condition suitable for habitation. 2. The lessor is obliged to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for providing utilities located in the residential premises.
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5. The essence of the question: half a year ago we moved into an apartment, that is, we rented it under a rental agreement, but we did not draw up a transfer and acceptance certificate. After some time, we wanted to move out of this apartment, but the landlady demanded that the living space be transferred under a transfer and acceptance certificate. Can we refuse to draw up this act for her and simply hand over the keys to the apartment and leave?
5.1. we rented it under a residential rental agreement, but we did not draw up a transfer and acceptance certificate. You can, if the contract does not provide for it.
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5.2. Good day Maxim, if your contract states that you must transfer the apartment according to the transfer deed, then the deed must be drawn up. If this is not specified in the contract, then you don’t have to draw it up.
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5.3. It is necessary to proceed from the terms of the agreement, namely from the section that regulates the procedure for moving in/terminating the lease agreement.
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6. Question one: can an act of acceptance of the transfer of residential premises be drawn up three months before receiving a warrant for an apartment (in 2006). Second question: am I obliged to enter into a rental agreement for residential premises with the municipality and what regulations govern this?
6.1. Hello! Can.2.Must.
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7. I rent out residential premises, an apartment under a rental agreement, which specifies the terms: from such and such to such and such a date, price and TD. There is no separate acceptance certificate. The tenant moved out of the apartment without paying rent and utilities. Wouldn't the absence of a transfer and acceptance certificate be a basis for refusing to collect the debt from the Tenant in court?
7.1. No, property is usually accepted according to the deed.
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8. If there is no act of acceptance and transfer of property and its inventory in an informal rental agreement, how can you prove that the tenant moved out of the apartment without paying rent for the last month of residence, if there were no receipts for the entire period of renting out the apartment? receiving funds.
8.1. Unfortunately, not at all.
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9. If there is no act of acceptance and transfer of property and its inventory in an informal rental agreement, how can you prove that the tenant moved out of the apartment without paying rent for the last month of residence, if there were no receipts for the entire period of renting out the apartment? receiving funds.
9.1. No, judging by the text.
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10. Will the court accept a claim under a residential lease agreement if there is no acceptance certificate for it? And, in addition, it is written that the landlord rents out the premises on the basis of ownership, but there are no details of the certificate of ownership.
10.1. Yes, the claim will be accepted.
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10.2. The claim will be accepted. You can take an extract from the Unified State Register as evidence.
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11. Is an act of acceptance of the transfer of rental of residential premises necessary or is the agreement in two copies sufficient?
11.1. The lease/lease agreement for residential premises provides for the transfer of housing under an acceptance certificate.
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12. I received an apartment in the city of St. Petersburg, I need to sign the transfer acceptance certificate. But there is no stove in the apartment. Please tell me: 1. Should the landlord provide a stove under a social tenancy agreement? 2. What does a residential premises suitable for habitation mean? Thank you.
12.1. Hello. Decree of the Government of the Russian Federation dated May 21, 2005 No. 315 established that upon termination of a social tenancy agreement, the tenant is obliged to vacate within the established time frame and hand over to the Landlord in good condition the residential premises, sanitary and other equipment located in it in a timely manner. Some constituent entities of the Russian Federation have developed and approved Rules for the acceptance and delivery by tenants of municipally owned residential premises. They contain requirements for the condition of residential premises, for example, it is indicated that a residential premises - an apartment meets sanitary and technical requirements, hygienic standards if it is equipped with a stationary electric or gas stove, central heating, hot and cold water supply, and sewerage. The characteristics of residential premises suitable for habitation are set out in detail in the Regulations on the recognition of premises as residential premises, residential premises unsuitable for habitation and an apartment building as unsafe and subject to demolition or reconstruction, approved by the Decree of the Government of the Russian Federation of January 28, 2006.
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13. We have drawn up a rental agreement for residential premises, and an acceptance certificate is attached to it. In some circumstances, it is necessary to get rid of some of the furniture specified in this act (with the consent of the owner). How can we now change this act so that it does not lose legal force? If you draw up an additional agreement, then why is it drawn up for the acceptance certificate (it comes as a separate document) or for the lease agreement?
13.1. Compose additional agreement to the lease agreement on amendments to the transfer and acceptance certificate.
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14. Is a rental agreement valid without an acceptance certificate for residential premises? How should payment under the contract be confirmed?
14.1. Dear Marina! It is impossible to answer your question unambiguously. But I would answer this way - voidable in certain cases, that is, in some cases it can be declared invalid by the court, and in some cases it cannot be declared invalid. Therefore, everything depends on the provisions of the concluded agreement and the actual legal relations of the parties. So that there are no controversial issues between countries, you can simply sign an act of acceptance and transfer of residential premises. The moment of payment under the agreement is determined by the parties to the agreement. Good luck,
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15. I am a renter. When terminating a residential tenancy agreement, what document needs to be drawn up: a transfer and acceptance certificate or an apartment tenancy certificate, or something else? And what will the transfer of property and apartment look like? Thank you in advance!
15.1. Christina! Property is transferred and accepted according to the transfer acceptance certificate.
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16. We are going to sign an agreement on the rental of residential premises without a realtor; I took the agreement forms and the acceptance certificate from one of the real estate agency sites. Does this agreement need to be certified somehow?
16.1. Inna, a rental agreement for residential premises, which is concluded by the owner of the residential premises with an individual for a period not exceeding 1 year, is not certified or registered anywhere. Such an agreement is drawn up and signed by the parties in 2 copies. and is kept by each party. You should carefully study the “downloaded” rental agreement, since it can be drawn up to a greater extent with +++ for the owner, as well as for the tenant. Good luck to you.
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16.2. Hello Inna! The rental agreement for residential premises is concluded in simple written form for a period of no more than five years. No government it is NOT subject to registration! Regarding the state registration of contracts concluded for a period of more than a year - this does NOT apply to employment contracts. This applies to rental agreements. If you are a physical person. face is NOT your case. You are entering into a rental agreement for residential premises. Sincerely, Kharchenko O.V.
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17. The plaintiff admitted that the claim filed against me for the return of the security deposit under a commercial rental agreement for residential premises (apartment) was incorrect, since he refused to sign the acceptance certificate for the transfer of the apartment upon departure, to eliminate the damage caused or to compensate for the damage caused. What should the correct form of the Settlement Agreement look like in this case?
17.1. Why do you need a settlement when you can simply drop the claim! Settlement is when you admit the claim, and the plaintiff makes concessions!
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17.2. You don't understand everything correctly! A settlement is when the defendant admits the claim, but the plaintiff gives in a little! And the refusal of the claim is an admission of unlawful handling of the claims, and the defendant does not admit the claim! According to the world, you recognize the requirements and agree with them!
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17.3. Let his representative renounce his claims!
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18. If an employee was sent for training, she rented an apartment during the training period. They entered into a rental agreement with the owner of the apartment. We signed the acceptance certificate. Can an organization reimburse her accommodation under such an agreement? Is such an agreement valid?
18.1. Hello Elvira! Any agreement between an employee and an employer will have legal force if it does not contradict the law. And the agreement you mentioned does not contradict the law. So I don't see any obstacles. On the contrary, the employer is simply obliged to pay these expenses by virtue of Art. 168 Labor Code of the Russian Federation.
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18.2. In response to gratitude (for which special thanks): what prevents the employer from paying based on the amount of 100 rubles per day? If you are a budgetary organization, you need to look at the regulations regarding payment of travel allowances. But in any case, the lease (sublease) agreement for residential premises and payment documents must be accepted by the accounting department for payment.
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19. Is a residential rental agreement valid if the acceptance certificate is not signed?
19.1. It is problematic to recognize the lease agreement as invalid on this basis alone. What's the question?
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Procedure for signing the act
The process of drawing up a rental agreement is regulated by the Civil Code of the Russian Federation, in particular Article 671.
Drawing up an act of return of the apartment is not a prerequisite for signing a rental agreement. The legislation does not have a specific standard form for this act. This act is drawn up together with the act of transferring the apartment for temporary use.
The acts are drawn up with the consent of the parties when signing the main agreement and are printed in duplicate. If drawn up correctly, it subsequently provides a guarantee that the residential premises will be returned in the same condition in which they were handed over for use. The act is also used for early termination of a tenancy agreement.
Only after the parties sign this act is it considered that the owner of the residential premises has no claims against the tenant.
How to correctly draw up and execute a transfer deed
The regulatory documents do not contain an established sample of a transfer deed for an agreement for the rental of residential premises. Such an act of acceptance and transfer is drawn up in any form. You can see an example by following the link:
Please note: The act may include other clauses depending on the specific terms of the transaction.
