Rental housing and the Civil Code: what you need to know?
If you decide to rent an apartment in Dnipro, Kiev, Kharkov, Odessa, and maybe in Lviv, it's time to deal with the legislative framework, because the oral contract has no legal force, and the written parties are not always signed. In fact, this can be a big mistake. After all, a written lease agreement will help to respect the rights and obligations of the parties even without being notarized. And the problems that arise in the process of cooperation with the landlord are much easier to solve if you and he have a document in their hands that spells out the details of how to rent a home.
In general, the Civil Code specifies the main provisions that should be spelled out in such an agreement. They are the ones that should be discussed, making the initial oral version of the contract.
What does the Civil Code say about the rental of residential real estate?
1. According to the lease agreement, the owner undertakes to transfer to the second party, the tenant - housing for a stay for a specified period and at a certain cost.
2. A legally operating contract is concluded in writing, but may, if desired, be oral on both parties.
3. The subject of the lease agreement is the premises: an apartment or part of it, a house that is suitable for housing.
4. Parties can be both physical and legal persons.
Very important: In cases when the owner of the property rented and the contract does not change is not terminated by the former owner until the property is alienated, the new owner receives all the rights and obligations of the previous landlord under the current contract.
The list of responsibilities of a tenant includes:
• the use of residential property solely for its intended purpose - for living;
• maintaining housing in proper form;
• obtaining permission from the landlord when necessary redevelopment of the apartment is necessary;
• timely rent for the use of real estate;
• timely payment of utilities, if it is listed in an agreement with the landlord.
It is important for the landlord to understand that the payment received for renting the apartment is taxed, and he needs to pay it himself on time (quarterly). Payment of such tax is a guarantee of the legality of the lease agreement. Its rate is 15-20%, depending on the initial cost of employment.
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