Sample additional agreement to a residential rental agreement

State registration of a land lease agreement

Passport for citizens or constituent and registration documents for organizations. It is assumed that the need to present a certificate of registration, identification code, articles of association, tax extract, power of attorney on behalf of the director or document appointing the director. Certified copies are required.
A notarized power of attorney in the form of an original. The power of attorney must indicate the existence of a contractual relationship.
Two copies of the land lease agreement.
Permitting documentation from a local government body or government agency regarding the lease of a land plot.
If the lease relationship is with a private owner, documents on ownership of the land plot are required.
Cadastral passport of the land plot.
Additional documents will be required if there are any buildings. In this case, the documentation must be legal.
A receipt that will confirm that the state duty has been paid in full.

Every owner of a land plot should understand how important it is to undergo timely and correct registration of a lease agreement by contacting Rosreestr. The registration procedure is always carried out within the time limits that are predetermined by the legislation of the Russian Federation. The event turns out to be mandatory in almost every situation, but sometimes it can be avoided. So, what should you count on when deciding whether to contact Rosreestr?

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Registration of a land lease agreement in Rosreestr

A passport for citizens or a set of constituent and registration documents for organizations (registration certificate, TIN, charter, document appointing a director, tax extract, power of attorney if the organization is not represented by a director). These documents are submitted in notarized copies with the originals presented for review.
If one of the parties to the contractual relationship is represented by another person, then a notarized power of attorney (original, submitted along with documents for state registration) is presented.
The lease agreement itself in 2 copies.
A permit from a local government body or government agency on the provision of land for lease.
If the plot is rented from a private owner - documents on ownership of the land plot.
Cadastral passport for the plot.
If there are any buildings on the site - title documents for them.
Receipt of payment of the state fee for registration.

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This means that it is not enough for the parties to a transaction to simply draw up an agreement and sign it. In order for the legal consequences provided for by the agreement between the counterparties to occur, it is necessary to perform a number of actions consisting of additional recording of the decisions made.

Registration of an additional agreement in Rosreestr

agreeing on the terms of the additional agreement;
presentation of the agreements reached in writing;
certification of the additional agreement in a notary office, if such a requirement was imposed on the original agreement;
submitting an application to Rosreestr or the MFC, which will carry out registration actions within 7 and 9 days, respectively;
legal examination of submitted documents, entering information into the Unified State Register of Real Estate;
issuance to the parties of an extract from the Unified State Register of Real Estate, confirming the registration of the changes set out in the additional agreement.

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The terms of any civil contract can be changed at any time - to do this, the parties must draw up an additional agreement. Certain categories of real estate transactions are subject to mandatory state registration with Rosreestr. If the main agreement has been registered, the additional agreement will come into force in a similar manner.

Peculiarities of drawing up an additional agreement to a social tenancy agreement

If new circumstances arise that should be included in the title document - an agreement, an additional agreement (agreement) is drawn up. This rule is universal and applies to various types of contractual documentation, including a social tenancy agreement (SLA).

The reasons for making additions to the document may be any changes that have occurred in the circle of the family using residential premises under social rent. For example:

an adult son or widower-employer married and moved in with a spouse;
an elderly parent has died;
the adult daughter, as a result of marriage, changed her surname;
one of the family members moved and was discharged.

If these and other persons were included in the social tenancy agreement as family members, an agreement should be drawn up to reflect the fact of termination of use of the housing or, on the contrary, the fact that such a right has arisen for the new tenant.

The rules governing the need to enter additional information are based on the Housing Legislation in terms of Articles 69, 70, 82.

Package of documents

To draw up such a document, an application from the responsible employer is submitted to the administration of the locality , to which a package of documentation is attached. This list includes the following:

written consent from all adult family members;
passports of the applicant and all family members;
For children under 14 years of age, birth certificates are required;
a copy of the main agreement;
marriage certificate (divorce);
documents confirming the relationship of the new tenant with the tenant;
extract from the apartment register in case of departure.

Since the property is not owned, certificates of encumbrance are not provided. The listed documentation is presented in originals and uncertified copies. The certification will be carried out at the place where the additional agreement was concluded.

What does it contain?

In the document being drawn up, it is necessary to indicate the details of the social tenancy agreement to which additions are made. This information is entered at the beginning of the text, after the name of the document: “Additional Agreement”. It consists of the following:

to which main agreement the document drawn up is attached;
where and when it was compiled;
sides of the DSN;
cadastral and technical characteristics of the apartment received for rent.

Next, the parties to the additional agreement are determined. They must be completely identical to the parties to the DSN. The only exception is an official who acts as an authorized representative from the administration, since over the past period he may be dismissed or transferred to another position.

After determining the subject of the additional agreement, its essential provisions are introduced. They can only include certain types of information:

Which clause of the DSN is canceled and which new clause is replaced. The specified items are entered by serial number and exact wording.
Which clause loses its legal force without a replacement?
New provisions that are added without removing existing ones. Their serial numbers should continue the numbering of the items included in the DSN.

For example, which of the new residents received the right of registration and use of living space. Or – who has lost a previously owned right of use. With such an agreement, the DTA can be terminated by introducing into it a single clause stating that “the agreement is considered terminated.” Provisions that allow application only in commercial rentals are not included in the social tenancy agreement:

regulation of terms, since social rent is given for an indefinite period;
change in value, since it is regulated by the owner - the municipality.

After all the necessary information has been entered, the parties’ signatures are affixed, their details are given, and the administration puts its seal.

You need to contact the institution where the social rent agreement was concluded:

Housing Policy Department;
Housing Administration Department;
village executive committee

It should be borne in mind here that only the owner of the property, represented by the municipality, has such powers.

You can contact the administration directly by appointment by calling and agreeing on the time of the visit.
You can also submit an application through the MFC, which will be reviewed and invited to an authorized person after the conclusion of an additional agreement.
In addition, if this package of services in a locality is provided through the State Services website, you can send an application and electronic copies of documents through it. In this case, an invitation to conclude an agreement will be sent by email.

Is registration required?

Since the owner of the property is a municipal entity represented by the administration of the locality, the tenant does not need to register such an agreement with Rosreestr. The document is entered into a special administrative register by the employees of the institution themselves, without the participation of the employer. Also, this document is not subject to notarization.

This provision is determined on the basis of Part 2, Clause 6, Article 51 of Federal Law No. 218-FZ of July 13, 2015, which indicates that if the employer is a State or municipal authority, then registration is not required.

If the social rent agreement needs to be terminated, changed or supplemented, an additional agreement (agreement) is drawn up. It is compiled by the parties to the main contract, entering information about which provisions have lost force and which provisions have acquired it. Such an agreement is not subject to registration.

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Source: https://expravo.com/zhilishhnoe-pravo/kvartira/arenda-kvartiry/sem-naim/sotsialnyj-najm/dopolnitelnyy-dogovor.html

Additional agreement to the residential lease agreement sample

1.1. Under this Agreement, the Tenant assumes responsibility for the safety of equipment and property (hereinafter referred to as “property”) located in the residential premises at the address: _______________________ (hereinafter referred to as “residential premises”).

1.2. The list, technical condition and other characteristics of the property located in the residential premises are indicated by the Parties in the inventory, which is an integral part of this Agreement.

1.3. There is no additional fee for using the property.

An additional fee in the amount of _________ (__________) rubles is charged for the use of the property).

DUTIES OF THE PARTIES

2.1. The lessor is obliged:

– provide the property specified in the inventory for the possession and use of the Tenant under the acceptance certificate;

– carry out monthly inspections of the property;

– carry out major repairs of property;

– replace property that is unusable or has become unusable through no fault of the Tenant;

– insure property against fire, flooding, ______________.

2.2. The employer is obliged:

– use the property for its intended purpose only in residential premises (or use property outside the residential premises only with the written consent of the Landlord);

– use technically sound property, maintain it in proper condition, ensure its safety;

– provide the Landlord and organizations carrying out repairs and operation of a residential building with unhindered access to the occupied residential premises to inspect the technical condition of the property;

– immediately take possible measures to eliminate detected defects in the property and, if necessary, report them to the Lessor or the appropriate repair organization;

– carry out routine repairs of property;

– upon termination of the right to use the residential premises, return the property to the Landlord in good condition according to the acceptance certificate;

– in the event of a breakdown or failure of the property (its parts) due to the Tenant’s fault, carry out repairs at its own expense or compensate the cost of repairs to the Landlord.

in the event of a breakdown or failure of the property (its parts) through no fault of the Tenant, notify the Lessor, who undertakes to repair the property at his own expense);

– in case of damage or loss of property (its parts), compensate the Lessor for its (their) cost within ___ days from the date of presentation of the corresponding demand by the Lessor.

The value of the property is indicated in the inventory, which is an integral part of this Agreement, taking into account the depreciation of the property.

the value of the property is determined by the Parties based on the price charged for similar goods at the location of the residential premises, taking into account the wear and tear of the property).

RESPONSIBILITY OF THE PARTIES

3.1. The Lessor is responsible for all defects in the property transferred into possession and use, if these defects prevent its normal use for its intended purpose, provided that these defects existed at the conclusion of this Agreement and were not and could not be known to the Tenant.

3.2. The Lessor is responsible to the Tenant for all claims that may arise in connection with the rights of third parties to the property that limit or prevent the use of the property, provided that the Tenant did not know and could not know about the existence of the rights of third parties when concluding the Additional Agreement.

3.3. The Tenant shall compensate the Landlord for all losses associated with loss or damage to property in the manner established by the legislation of the Russian Federation.

3.4. Payment of penalties does not relieve the Parties from compensation for losses caused by non-performance or improper performance in full.

FORCE MAJEURE

4.1.

The parties are released from partial or complete failure to fulfill obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement, which the parties could neither foresee nor prevent by reasonable measures.

Force majeure circumstances include events that the Parties cannot influence and for the occurrence of which they are not responsible, for example: earthquake, flood, fire, as well as a strike, government regulations or orders of government bodies.

4.2. The party affected by force majeure circumstances is obliged to notify the other party about this no later than ______ calendar days from the date of occurrence of such circumstances.

DISPUTE SETTLEMENT

5.1. All possible disputes arising from this Agreement will be resolved by the Parties through negotiations.

5.2. In case of failure to reach agreement as a result of negotiations, controversial issues are resolved by the Parties in court.

OTHER CONDITIONS

6.1. This Agreement is concluded in two copies, one for each Party.

6.2. In all other respects not provided for in this Agreement, the Parties are guided by the Lease Agreement dated “___”________ ____, N ___ and the current legislation of the Russian Federation.

Additional agreement to the residential lease agreement

As a rule, a lease agreement has a long execution period. Both parties, the tenant and the owner of the premises, are required to comply with the terms of the agreement. But unforeseen circumstances may arise that appear later than the signing of the main lease agreement.

How to make changes to the document and how the regulations work in such a case will be explained in this article.

Legal necessity of a lease agreement

Written confirmation of the agreement must be concluded, since controversial or conflict situations may arise. We are talking about renting real estate, that is, significant material resources.

Legal norms and requirements apply only to the list of rights and obligations that are displayed in the document.

Oral agreements cannot be taken into account in controversial situations, especially during judicial review.

In other words, if new circumstances arise over time, then all amendments to the main agreement will need to be agreed upon and listed. Amendments and comments are made jointly by both parties, signed and the date from which the amendments begin to be effective is set.

The number of reasons for changing the main contract can be unlimited.

Most often, additions are due to the following circumstances:

change in rental price;
extension of the terms of execution of the main contract;
change in the number of residents renting premises;
termination of the lease prior to the agreement.

Users can also obtain samples of an additional agreement for the rental of residential premises.

Competent document execution

If one of the parties has comments, claims or suggestions, then the main agreement cannot be violated; the second party to the agreement must be notified. Then a draft of innovations is written and, after signing by the parties, it is taken into effect from the specified date. The document is written in any form, but must contain the necessary information:

date of preparation of amendments and additions;
number and date of the main agreement to which amendments are written;
personal data of the parties to the agreement;
information about future changes.

Additions can be signed for the main participants by authorized persons who have a legal basis for their powers. The immediate clause about changes is written in a special form. The following expressions may simply be indicated: “Delete, expand or supplement clause No.,” or the expression: “Introduce clause No. in the following edition...”.

Comments are written in ordinary language, without templates, unclear phrases and fragments. Changes should not allow for discrepancies and double interpretations.

It should be remembered that additions to the contract are a legal document, the main evidence of the intentions of the parties.

It is recommended, after making changes to certain clauses and introducing new ones, to write the phrase: “The rest of the text of the agreement remains unchanged.”

The start of action may be the day of signing or a specific date specified in the document. Amendments can also be recorded retroactively, later than they came into force and began to be executed by the parties.

If the lease agreement is recorded and has an entry in the state register, then changes to the terms of the lease agreement will need to be reported. The remaining amendments do not require an application to Rosreestr and a statement about the amendments that have occurred.

How the main contract changes

The changes will affect only those points of the main document that are mentioned in the newly signed addendum. The number of additional amendments is not strictly limited; changes can be made as many times as required by the parties to the agreement. If the lease lasts for many years, then a number of adjustments may accumulate.

The papers should not be destroyed; they should be kept by the parties until the end of the lease term. Sometimes such additions become the main evidence of the correct fulfillment of one’s obligations. If several additions have a mutually exclusive nature, then the most recent document becomes the executable rule.

Rental rules require contacting Rosreestr if the rental period exceeds 11 months. Sometimes making changes concerns the extension of the contract, respectively, registration with a government agency.

Registration is necessary, since the owner will need to pay tax on the income received; the tax is collected according to information about the cost of the service.

The contract must contain the rental price; if changes occur, then amendments to the main document must be drawn up.

Sometimes it is necessary not to make additions, but to inform the other party about the unilateral termination of the contract. If the main document provides for conditions for early termination of relations, then the parties act in accordance with the provisions. If there are no instructions, the party may notify the party to the agreement in writing and offer compensation for the inconvenience caused.

By law, the owner is required to notify the owner three months in advance; if the legal condition is not met, the owner has the right to file a claim for compensation.

A written notification of violations that have occurred is sent to the employer's permanent registration address.

If an amicable agreement is not reached, you will have to go to court regarding non-fulfillment of the lease agreement.

In practice, parties to an agreement rarely resort to writing notifications, preferring to act orally and without intermediaries. If the total term of the main contract and renewal exceeds a year, then the document is registered. In practice, it is always more convenient to renew the original contract than to enter into a new agreement. If the terms are not established, the lease is considered to be concluded for a period of 5 years.

Lease documents must be correctly drawn up and executed in accordance with the rules of the law, this will protect the interests of both parties.

Sample additional agreement to an apartment rental agreement

An agreement of any kind is binding on the parties that sign it. And its validity period can be calculated in years.

Life often makes adjustments to existing legal relationships, which forces people to change the terms of the agreement . Why do you need to draw up an additional agreement?

Source: https://sudsistema.ru/category-24/dopolnitelnoe-soglashenie-k-dogovoru-nayma-zhilogo-pomesheniya-obrazets.php