Agreement: important for those who read it!

Many people have little to do with rental agreement. Let’s assume that you hired a flat a while ago. First time you went to a real estate agency where, of course, you were propose to sign rental agreement. But it appears you have met ideal flat owners so that you managed to negotiate directly with them and put the rental agreement away. With time passing you believe that flat hiring should not be based upon any paper. More important are human relations, intuition, promises at least! And now the phantom of rental agreement disappears and you can merely remember what is was about…

So, we have nothing else to do as to congratulate you! You are a lucky enough if you managed not only to not use the rental agreement, but also continue to hire a flat without papers. We are not saying you are in the minority: not so many people have the chance to hire a flat on such conditions. But there are also people who have been in the shoes to experience the effectiveness of rental agreement. Nevertheless they are in minority do you really want to find yourself among them? Note, hiring a flat for 24 hours и на long-term should definitely begin with rental agreement!

To begin with you should come down to Earth. Firstly, the rental agreement by itself to realtor is the way to show that he is giving up. In order the agreement serves as a real shield for you it is highly necessary to read it carefully and add some points to it. As a rule there is a “Sides requirements” section at the end of the agreement. Secondly, far each agreement can be accepted the court is a necessity arises. Reason – simple definitions exchange.

Most probably you often use the word «rent» - «24-hour rent», «apartments rent”», «to rent a flat» and so on. However it is most likely that you heard the word “hire”. Per se these words are synonyms and there fore one definition can be used instead of another one. “Rent” is more usually. So we use this word.

Practically “rental agreement” accepted from an individual may not be considered by court in case of dispute. The thing is that according to Russian legislation only juridical person can rent a flat where as individual person can conclude a hiring agreement. It would seem a little nothing but can play a role in your future life.

ЗNext is the heard of agreement. Most probably you take the agreement as a possibility to protect yourself in case a flat owner would violate his commitments. What this could mean? It means that you expect from real estate agency that it further will assist you in a dispute and the agreement signed on letterhead gives you such confidence. And any – or almost any – real estate agency will ensure you and in case you will not find common points with the flat owner you can appeal to the agency and get qualified assistance, Do not trust these words until you find a confirmation in the agreement, for example the point that says “In case the allotment holder can no longer live in the flat and moves pending three months from the day of agreement was signed the agency have to propose new flat…” Of course the word will sound more complicated but the sense will be the same. Otherwise you may hope as much as you want that agents are also humans and have conscience. Life shows that any promises are forgotten as soon as you close the door of your new flat after realtor. And if you have problems with flat owner next day you will solve them face to face.

Thus the conclusions are simple:
- First, check definitions equivalence before you sign the agreement;
- Second, be sure to point out agency responsibility that parties follow their commitments: you should guarantee flat wholeness, flat owners should leave you along and agent should be responsibly to ensure these commitments are met.

Read, read and read!

Sometimes it becomes even interesting why people are so biased towards hiring agreement. We can get into flat owners’ shoes: hiring agreement is a good reason to pay taxes. But owners are not willing to pay (indeed taxes should be paid any way). But what is the reason for hiring agreement for hirers? Yes, agency will charge you monthly hiring fee for the agreement. But you are able to create the agreement yourself during consultation with a layer and just sign it by the flat owner. This will definitely cost less money!

Great cost saving and huge benefit.

- Firstly, you indicate hiring fee in the agreement. It is set for the whole hiring period and agreement term. This is only what can save you from unexpected growth of prices by the owner desire.
- Secondly, in the agreement only you can specify for visits for the flat owner. Otherwise the owner will be able to come to your home when he wants and when you are absent as well. Remember, you have a right to ask for privilege from visits to your home during unauthorized time since for the time indicated in the agreement the hired flat serves as your home!
- Thirdly, it is better to tell the owner beforehand that you can a pet or some passion towards the opposite sex. It is especially actual for those who hire a room. Same things happen here and there: flat owners are against when hirers have visitors especially for a night but on the other hand hirers mistakenly think they do not have the right to do so.
- Fourthly, it is the agreement where you indicate your right to live in the flat you hire without any unexpected neighbors. On the other hand this same agreement will not allow you to give the flat for hire to another person and get some profit. But you were not going to do that, were you?
- Fifthly, in the agreement you indicate that the flat owner is the real owner and he or she does really provide the confirmation. If in future you will find out that this is not true you have facts to sound out to the court.
- Six, with the hiring agreement you can request for the acceptance statement for furniture and other stuff located in the flat and the table where you fix each payment scheduled. The acceptance certificate will prevent you from unexpected requirement to repair a damage made by your pet to a favorite owner’s armchair: damaged legs and holed covering will be written down. Notice of payment receipt will also help you if the owner asks you to pay for the same month twice.
- And last, seven. Even if you have a dispute with flat owner and you are required to move from the flat due to rule you violate as the owner believes you can tell the owner to get lost. With the hiring agreement at your hands nobody has the right to expel you from the flat; even district police will not take such a tricky affaire! Only bailiffs can get you moved and to make this happen the court decision is necessary. So feel free to go to law in fairly hired flat. And do not forget in your turn to fix all agreement violations made by the flat owner.

Many people ask if they need to notarize the hiring agreement. We answer – it is not necessary. The agreement is already valid.

Remember one simple rule; yes, you pay the hiring fee but in turn realtor and flat owner are due to you as much as it is indicated in the agreement and not more!

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