Agreement for free use of residential premises: sample 2021, how to draw up

Agreement for free use of an apartment: contents

An agreement for the free use of residential premises (apartment) is fundamentally different from other rental agreements for residential premises:

The agreement does not provide for the collection of rent. The tenant pays only for utilities (Civil Code of the Russian Federation Article 689)
The borrower (tenant) does not have the right to sublease the premises. He also does not have the right to arbitrarily move third parties into the said housing without the knowledge of the lender (Civil Code of the Russian Federation, Article 615);
In accordance with Article 689 of the Civil Code of the Russian Federation, the borrower is obliged to return the housing to the lender in the same condition as upon receipt;

IMPORTANT: There are categories of citizens who have the right to living space under an agreement for the free use of residential premises (apartment) from the state. This social group includes large families, orphans, the disabled and the elderly.

We draw up a free use agreement

You can draw up an agreement with a lawyer, or you can do it yourself, but to do this you need to take into account some nuances. And from the contract it should be clear that one person transferred this particular premises to another in order to live there for a certain time . It is important to clearly and clearly characterize the residential premises in the DBP. This is a mandatory condition of the contract.

The structure of the DBP looks something like this:

Place and date of drawing up the contract.
Information about the parties: passport data (for citizens) or information from constituent documents (for legal entities).
The subject of the DBP is the wording that the lender transfers property to the borrower.
DBP object - description of living space.
Period of use.
Rights and obligations of the parties.
Responsibility of the parties. An optional item, because the law contains provisions on this. But the parties can add liability features to their contract.
Information on how to make changes to the BPA when it is terminated ceases, and how the parties can refuse the BPA. These points are also prescribed at the request of the contracting parties.
Signatures of the parties.

It is better to draw up the DBP in writing (if the party to the agreement is a legal entity, then the written form is required). A written agreement has greater legal weight than an oral one.

A written agreement will help avoid suspicions that the owner is renting out the apartment illegally (without an agreement, registration and payment of taxes).

The law does not require the DBP to be certified by a notary. There is also no need to register the agreement itself with Rosreestr, but registration of the transfer of the right to use under it is necessary if the DBP was concluded for more than a year.

To avoid having to deal with government agencies once again, some people enter into a DBP for 11 months, rather than 12 or more, and then extend it. This is not prohibited by law.

Photo gallery: sample contract for free use in 2018–2018

In the DBP it is important to clearly describe the living space

In the DBP, the parties can provide for liability provisions

The user's responsibility is to return the property in the same condition.

Acceptance certificate

An important part of the DBP is the act of acceptance and transfer. This document confirms that the premises have passed from the owner to the user. The act contains the following information:

information about those who agreed;
information about the agreement (indication that this is a DBP, its number, date, place of conclusion);
description of the transferred property and its condition.

The last point is a key element of the act. In addition to the general characteristics of the housing (what and where), the parties describe its condition: defects, shortcomings, arrangement of the premises, furniture, etc.

The act may include clauses stating that:

no debts on utility costs;
the keys and documents for the premises have been handed over to the tenant;
the apartment is not encumbered (no mortgage, pledge) or the owner has reported the encumbrances.

The act of acceptance and transfer is an important part of the DBP

The act confirms that the owner honestly told everything about the condition of the premises, and the user saw all this, understood and agrees with this condition. Drawing up an act helps the parties avoid unnecessary conflicts in the future.

Usually the act is drawn up as an annex to the contract.

Agreement for free use of an apartment: features

Legislation, namely paragraph 2 of Art. 689 of the Civil Code of the Russian Federation indicates that the requirements for concluding an agreement for the gratuitous use of residential premises (apartment) are exactly the same as for those documents that require rent. Thus, the following information must be indicated in the standard form:

The subject of the agreement itself, that is, it must be clearly indicated what kind of real estate the lender is going to transfer to the borrower. Thus, it is possible to transfer apartments, as well as land plots and buildings on them (Civil Code of the Russian Federation, Article 607);
There must be an indication of the nature of the transaction, that is, it is indicated that the property is being transferred free of charge;
The document must name all parties to the contract. If there are several property owners (including minors), all of them must be indicated. Each participant in the transaction must be provided with a copy of the document;
Rights and obligations of the parties, as well as their responsibilities;
Termination conditions and effective dates. Such a document can have legal force from several months to tens of years;
Where and when the specified document was concluded. Dates of signing the document by each owner and borrower;
Signatures of the parties;

IMPORTANT! If the lender did not give permission to improve the living space, then he may not reimburse the borrower for the funds spent.

Agreement for free use of residential premises sample form

The legislation of our country considers residential premises as things. And any thing can be transferred for use without charging a fee for it.

This means that housing can be rented out for free.

The only condition is the conclusion of an agreement.

In addition, it must be remembered that the tenant must return the apartment (house) after its termination. Moreover, the housing should be in the same condition, but taking into account normal wear and tear.

General information about the free use agreement

The first thing I would like to note is that this document must be drawn up in two copies.

One remains with the owner of the residential premises, and the second is transferred to temporary residents.

This agreement for gratuitous use cannot assume the receipt of rent. But this does not mean that the owner does not have the right to demand the money necessary to pay utility bills and maintain the condition of the home.

If the housing belongs to an organization, there is a restriction on its free use. This will not be possible for employees, managers, founders or other persons related to the enterprise.

It is allowed to sign such a document not only directly by the owner, but also by his authorized representative.

To do this, a corresponding power of attorney must be issued. It must be certified by a notary office.

This agreement is free form. But, nevertheless, it is necessary to adhere to generally accepted norms and rules when designing it.

Examples and samples of such agreements can be found free of charge on this web page.

If there is a need to indicate special conditions in the text, it is better to obtain specialist advice before doing so. He will be able to formulate the wording correctly.

The need to conclude this agreement

Some resort to verbal agreements.

This step is motivated by the lack of payment for accommodation. But this is not entirely correct. Moreover, the fact of signing this agreement will be convenient for both parties.

For the owner, this step will allow him to legally demand payment for utilities. Moreover, it will be possible to claim compensation in the event of damage caused by residents.

Residents, having entered into an agreement, will receive a guarantee that they will not be evicted from the premises in the middle of the night. After all, the text will indicate the period of stay.

And if the owner wishes to terminate the agreement early, it will be necessary to notify the tenants in advance. There should be a corresponding entry about this in the text of the agreement. It must indicate the period during which this must be done before eviction.

In addition, if you do not live at your place of registration, you must obtain a temporary residence permit. And this can only be done if there is such an agreement. Without a document confirming the provision of housing, temporary registration will be denied.

Below is a standard form and sample agreement for the free use of residential premises, a version of which can be downloaded for free.

What features need to be taken into account

Drawing up a contract involves setting terms for the use of real estate. If the document does not indicate a specific date, then it is considered unlimited. If a date is specified, termination may follow upon its arrival. There are two types of such documents: when the transfer of premises is carried out between individuals and when the invisibility belongs to a legal entity. The composition will be different in both cases.

Individuals:

The agreement can be in oral format, then the services of a notary will not be needed;
The borrower, if desired, can register in the apartment (only if there is an agreement);
The agreement can be concluded by proxy;

Legal entities:

The company does not have the right to enter into such a document with its owner or chairman;

To fill out the form and have it certified, a transfer acceptance certificate is required, which must indicate that the condition of the property satisfies all parties.

Why do you need a free use agreement?

In practice, an agreement on the free use of an apartment is concluded between the lender and the borrower in order to officially formalize the residence of relatives or friends of the owner of the property in the residential premises.

Quite often in such cases such an agreement is not concluded at all, and the agreement between the parties is oral. It is worth noting that a written agreement has many advantages and reduces the risks of the parties, since a written agreement:

allows you to record all the conditions for using the residential premises and eliminate the occurrence of disputes and conflict situations in the future;
establishes payment for utilities and other payments;
guarantees the safety of the property transferred under the contract or compensation for damage in the event of its loss or damage by the tenant;
is the basis for registration of the borrower at the place of residence.

In addition, in the absence of a signed agreement on free use, the question may arise that the residential premises are illegally rented.

As practice shows, quite often an agreement for the free use of housing is used by tenants instead of a lease agreement in order to avoid taxation of the rent received.

However, concluding such an agreement also carries risks for the landlord himself, since he has no legal grounds to demand payment from the tenant for the use of the transferred housing. This deprives him of the right to defend his interests in court if the tenant does not pay the rent.

How to expel a person from an apartment without his consent, find out in what cases this is possible.
Details of registration of a lease agreement for non-residential premises.

Early termination of the agreement

The owner of an apartment, transferring it for free use to a tenant, has the right to terminate the agreement if the tenant:

Uses the property transferred to him for other purposes or in violation of the terms of the agreement;
Fails to maintain the property in proper condition or significantly worsens the condition of the property transferred to him.

A tenant who has received an apartment for free use may also refuse to comply with the terms of the agreement if:

deficiencies were discovered that interfered with the normal use of the apartment, which the borrower was not aware of when concluding the agreement with the lender;
the property transferred under the contract turned out to be in unusable condition;
the rights of third parties to the transferred housing were discovered;
the lender failed to fulfill its obligation to transfer the residential premises.

The agreement can also be terminated by either party, provided that the other party is notified in writing one month before the proposed termination. The contract may stipulate a different period for notification.

This is what a sample agreement for the free use of residential premises looks like:

According to the agreement for further printing and use in .doc format, two more appendices are also attached to the agreement: acts of acceptance of the transfer of the apartment upon move-in and eviction of the borrower.

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Agreement for free use of an apartment: signing

To conclude such an agreement you need:

From the lender: documents confirming ownership rights, passport;
From the borrower: passport;
Certificate of acceptance and transfer of premises;

ATTENTION: Minor owners of residential premises must be indicated in the contract. The legal representative signs for them.

You can take any standard agreement for the free use of residential premises (apartment) as a sample filling. You just need to enter your data and print it out.

Sample agreement for free use of premises

g. __________ “___”________ ____ g.

________________________________________, hereinafter referred to as the “Borrower”, represented by __________________________________________, acting__ on the basis of ______________________ _________________________________________________, on the one hand, and ______________________ _____________________, hereinafter referred to as the “Lender”, represented by _______________ ___________________________________, acting__ on the basis of ______________________ _________________________________, on the other hand, concluded this agreement about the following: