See more
Publication date: 10.05.2024
HOUSING RENT
A residential rental agreement is a legal document by which the owner transfers or undertakes to transfer residential premises to another person for a certain period of time for a fee.
The contract for hiring and renting residential premises in Ukraine has several key aspects that determine its legal status.
Contract form
The housing rental agreement must be concluded in writing. This is a requirement of Article 811 of the Civil Code of Ukraine.
A housing rental agreement with purchase is subject to mandatory notarization.
Essential terms
The subject of the contract is a residential premises, which can be an apartment or its part, a residential building or its part. It is important that the room is suitable for permanent residence.
The term of the lease is determined by the agreement of the parties. If no term is specified, the contract is considered concluded for five years.
Rent. According to Article 820 of the Civil Code of Ukraine, the amount of rent for housing is established in the housing lease agreement. If the law establishes the maximum amount of rent for housing, the fee established in the contract cannot exceed this amount. At present, the legislation does not establish the maximum amount of rent for housing. An essential condition of the housing lease agreement is the determination of the rent, that is, the housing lease agreement cannot be free of charge, at the same time, the housing can be transferred for free use under the loan agreement.
Payment is made within the terms specified in the contract or monthly, unless otherwise specified in the contract.
Additional conditions
The tenant has the right to use the property serving the house.The persons who will live with the tenant must be specified in the contract.
The tenant is responsible for the violation of the terms of the contract by persons who live with him.
These are general provisions, and there may be additional specific conditions for a particular contract. I recommend contacting a lawyer for detailed consultation and drawing up a contract that will meet all the requirements of the law.
RIGHTS OF THE HOUSING TENANT
Preferential rights of a tenant in Ukraine are defined by Article 822 of the Civil Code of Ukraine. Here are the main provisions:
The lessee has a priority right to enter into a housing lease agreement for a new term in the event that the lease term expires.
The lessor must offer the lessee to conclude a contract for a new term or warn about the refusal to conclude the contract no later than three months before the contract expires.
If the lessor has not warned the lessee, and the lessee has not vacated the apartment, the contract is considered concluded on the previous terms and for the same term.
If the lessor refused to conclude a new contract, but subsequently concluded a contract with another person within a year, the lessee has the right to demand the transfer of rights to himself or compensation for damages.
In the case of the sale of housing, which was the subject of a lease agreement, the lessee has a priority right to purchase it.
These provisions protect the rights of tenants and give them the opportunity to continue using the housing or to purchase it in the event of a sale.
TERMINATION OF THE HOUSING RENTAL AGREEMENT
1. The lessee may withdraw from the contract, subject to written notice to the lessor three months in advance, if all permanent residents agree.If the tenant leaves the accommodation without notice, the landlord can demand payment for three months, if he could not find another tenant on the same terms.
2. The lessee may withdraw from the housing rental agreement if the housing has become unfit for permanent residence.
3. The court may terminate the contract at the lessor's request, if the lessee has not paid for housing within six months (or more than twice in the case of short-term rental) or has damaged the housing. The court can grant the tenant a period of up to one year to correct the problem.
4. The lessor may terminate the lease agreement for a part of the house, apartment, or room if he or his family members need housing. A notice of this must be given at least two months in advance.
5. If the tenant or his roommates systematically violate the rules for the use of housing or disturb the neighbors, the landlord may demand that the violations be corrected. If the violations continue after the warning, the landlord can terminate the contract.
PROFESSIONAL LEGAL ASSISTANCE, which can be provided by a lawyer in resolving disputes that arise during the conclusion and execution of a contract of employment and lease of residential premises.
The professional legal assistance of a lawyer can be extremely useful in resolving disputes arising from the conclusion and execution of contracts of employment and lease of residential premises. Here are some aspects in which a lawyer can provide his expertise:
1. Advice on the correct drafting of contracts: A lawyer can review or draft a contract of employment or lease to ensure that it complies with applicable law and protects the interests of the client.
2. Representation of interests in court: In the event of disputes, a lawyer can represent the interests of the tenant or landlord in court, helping to resolve the conflict on legal grounds.
3. Assistance in the resolution of conflicts: The lawyer can help in the resolution of conflicts that arise during the execution of the contract, for example, in cases of delayed payments, damage to property, or other violations of the terms of the contract.
4. Advice on the possibility of early termination of the contract: The lawyer can provide advice on the conditions and procedure for early termination of the contract of employment or lease. Checking documents by a lawyer is necessary to find out which rights have been violated.
5. Protection of rights in case of breach of contract terms: If one of the parties violates the terms of the contract, the lawyer can help protect the rights and interests of his client, including the claim for damages. . A lawyer's legal opinion will ensure the correctness of the chosen method of protection of violated rights.
6.Preparation and submission of legal documents: A lawyer can prepare all necessary legal documents, such as statements of claim, responses, appeals, etc. Analysis of documents and consultation of a lawyer is necessary to determine the extent of violated rights and to choose methods for their protection and restoration.
7. Mediation and Negotiation: A lawyer can act as a mediator between the parties to reach a mutually acceptable agreement without going to court. Legal service "Consultant" provides the service "lawyer's help online".
It is important to note that lawyers in Ukraine have the right to provide legal services in accordance with the law and have the appropriate qualifications and experience to effectively protect the rights and interests of their clients. The choice of a lawyer should be based on his professional skills and experience in the field of real estate and housing law.
Legal service "Consultant" provides legal assistance in any situation. Our lawyers, having conducted a legal analysis of the situation, will ensure the representation of interests in state authorities or the court, will take part in a court hearing in any city of Ukraine. Legal protection by a lawyer is a guarantee of quality protection of your rights and interests.
