In fact, the definition of “free rental” of residential premises is wrong, since the very concept of rent already excludes such charity.

The relationship that arises between the parties as a result of the provision of housing for free accommodation is called a contract of free use.

In other words, the transmitting party retains ownership, she simply provides her apartment for living free of charge.

What laws govern the contract for renting an apartment free of charge?

The relationship between the lender and the borrower (that is what the lessor and the tenant are called in this case) is regulated by Chapter. 36 and art. 689 Civil Code.

Who has the right to draw up a rental contract for an apartment for free accommodation? Similar relationships can arise between two adults with legal capacity persons. Moreover, both physical and legal, there are no prohibitions regarding the possibility of such use.

Except for one thing: a commercial company does not have the right to provide premises under such conditions to its founder, as well as to a person from its management or control apparatus (Article 690 of the Civil Code)

The right to transfer real estate for free use (and even for “paid use”) can only be carried out directly by the owner or an officially authorized person (signed by a notary).

Contract for renting an apartment free of charge between individuals— a sample document, you can download from the link below:

When calculating income tax It should be taken into account that the “expenses” column cannot include the costs of maintaining and maintaining property (Article 1 of the Tax Code).

It is considered renewed for an indefinite period if, after the agreed period, the borrower is still using the premises and the lender does not object.

About that from own apartment, you can find out from our article.

Obviously, renting a home for free is not as simple as it might seem at first: you bring it, give the keys and leave. No, it's the same deal, with your own features and risks. That is why it is better to consult with a competent lawyer before concluding a contract.

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Under an agreement for gratuitous use (loan agreement), the lender undertakes to provide the borrower with an item for free temporary use, and the borrower undertakes to return it in the same condition in which he received it.

A contract for the free use of residential premises must contain:

• The subject of the agreement is an apartment.
• Free housing provided.
• Parties to the contract.
• Rights and obligations of the parties.
• Responsibility of the parties.
• Conditions for termination of the contract.
• Date and place of conclusion of the contract.
• Signatures of the parties.

Completed sample document

Agreement
free use of residential premises (apartment)

______________ "___" _____________ 20___

Citizen of the Russian Federation ____________________, passport series ______ No. ___________, issued by _________________________________, “____” ___________ 20___, subdivision code _____________, registered at the address: ______________________________________________, hereinafter referred to as the “Lenter”, on the one hand, and

Citizen of the Russian Federation ____________________, passport series ______ No. ___________, issued by _________________________________, “____” ___________ 20___, department code _____________, registered at the address: ______________________________________________, hereinafter referred to as the “Tenant”, on the other hand, collectively referred to as the “Parties”, have entered into this agreement about the following:

1. The Subject of the Agreement

1.1. Under this agreement, the Landlord undertakes to provide the Tenant for free use, for living, with residential premises owned by the Landlord - an apartment with a total area of ​​_____, (cadastral number _______________) located at the address: ___________ (hereinafter referred to as the Residential Premises). The tenant undertakes to accept the specified residential premises, and in the event of termination of this agreement, to return the residential premises in the condition in which it was received, taking into account normal wear and tear.

1.2. The ownership right to the residential premises specified in belongs to the Landlord on the basis of ____________, about which registration record No. ______ was made in ____________ “___”_______ ______ and ____________ a Certificate of State Registration of Rights _______ No. _______ dated “___” __________ _______ was issued.

1.3. If during the period of validity of this agreement the Tenant, with the consent of the Lessor, made improvements to the transferred item, then, as determined by the parties to the agreement, the following procedure will apply:

• separable improvements are the property of the Tenant;
• if the Tenant, at his own expense, has made improvements to the thing that are inseparable without harm to it, he does not have the right to claim actual compensation from the Landlord.

1.4. The Landlord guarantees that the transferred Premises are not under arrest or prohibition and are not transferred for use to third parties for any reason.

2. Rights and Obligations of the parties

2.1. The lessor is obliged:

Within three days after signing this agreement, provide the indicated residential premises in a vacated form to the Tenant according to the acceptance certificate, which is an integral part of this Agreement, and hand over the keys to the door locks to him;

• provide the Tenant with free access to the residential premises within the same period;
• in the presence of the Tenant, check the serviceability of the transferred property, familiarize the Tenant with the rules for operating this property, warn the Tenant about all the shortcomings of the residential premises transferred for use;
• during the period of validity of the agreement, provide the Tenant with consulting, informational, technical and other assistance for the purpose of the most effective and competent use of the property transferred under this Agreement.

2.2. Employers undertake:

• use the residential premises strictly for their intended purpose (for living);
• maintain the residential premises in technically sound and proper sanitary condition;
• bear all costs of maintaining the residential premises, including paying for utilities at your own expense (electricity, heating, gas supply, water supply and sewerage, garbage removal, etc.) and making the above payments on time;
• not transfer the residential premises for use to third parties without the prior consent of the Landlord;
• carry out routine repairs of residential premises in a timely manner and at your own expense;
• when using residential premises, do not violate the rights and interests of neighbors and other persons;
• make all inseparable changes to the residential premises only with the prior written consent of the Landlord;
• return the received residential premises within 14 (fourteen) days after the expiration of this agreement or its termination for other reasons in the condition determined by the parties to the agreement;
• perform other duties arising from the right to use residential premises.

3. Responsibility of the parties

3.1. A party to a contract whose property interests were violated as a result of non-fulfillment or improper fulfillment of obligations under the contract by the other party has the right to demand full compensation for losses caused to it by this party, which are understood as expenses that the party whose right was violated has made or will have to make to restore its rights and interests; loss, damage or damage to property (real damage), as well as lost income that this party would have received under normal business conditions if its rights and interests had not been violated (lost profits).

3.2. Any of the parties to this Agreement that has not fulfilled its obligations under the contract or has performed them improperly is liable for the above in the presence of guilt (intention or negligence). The absence of guilt for non-fulfillment or improper fulfillment of obligations under the contract is proven by the party that violated the obligations.

3.3. A party that fails to fulfill or improperly fulfills its obligations under a contract when fulfilling its terms is liable unless it proves that proper fulfillment of obligations was impossible due to force majeure circumstances (force majeure), i.e. emergency and unavoidable circumstances under specific conditions of a specific period of time.

The parties to this agreement include the following events as force majeure circumstances:

• earthquake, flood, lightning strike, volcanic eruption, mudflow, landslide, tsunami, etc.;
• temperature, wind strength and precipitation level at the place of fulfillment of obligations under the contract, excluding normal life activities for a person;
• moratorium of authorities and management;
• strikes organized in accordance with the procedure established by law;
• and other circumstances that may be determined by the parties to the contract as force majeure for the proper fulfillment of obligations.

3.4. The Lessor is responsible for defects in the property that he intentionally or through gross negligence did not stipulate when concluding this agreement and about which he was not informed by the Tenant.

3.5. The Lessor is responsible for damage caused to a third party from the use of the transferred property, unless he proves that the damage was caused by the Tenant's fault.

3.6. The tenant bears the risk of accidental death or damage to the premises if:

• death or damage occurred as a result of using the residential premises not in accordance with the contract or purpose;
• death or damage occurred as a result of the transfer of property to a third party without the consent of the Lessor.

4. Termination of the contract

4.1. The Lessor has the right to cancel the Agreement at any time by notifying the Tenant in writing 2 (two) months before cancellation. If the Landlord refuses to further fulfill this agreement, the Tenant is subject to eviction from the residential premises within the period established by the agreement, and the residential premises are subject to return to the Landlord on the basis of an acceptance certificate signed by both parties.

4.2. The Tenant has the right to cancel the Agreement at any time by notifying the Landlord in writing 1 (one) month in advance and returning the residential premises to the Landlord according to the acceptance certificate.

4.3. The Agreement is subject to early termination at the request of the Landlord, and the Tenant is subject to eviction, if the Tenant:

4.4. The Tenant has the right to demand early termination of this agreement if:

• discovers deficiencies that make the normal use of the residential premises impossible or burdensome, the presence of which was not known at the time of concluding the contract;
• due to circumstances for which the Tenant is not responsible, the residential premises will be in an unusable condition;
• when concluding the contract, the Landlord did not warn the Tenant about the rights of third parties to the transferred residential premises;
• The Landlord has not transferred the residential premises to the Tenant, or creates obstacles in the use of the residential premises.

5. The procedure for resolving disputes, changing and/or supplementing the agreement

5.1. Disputes that may arise during the implementation of the terms of this Agreement, the parties will strive to resolve amicably through pre-trial proceedings: through negotiations, exchange of letters, clarification of the terms of the agreement, drawing up the necessary protocols, additions and changes, etc.

5.2. If a mutually acceptable solution is not reached, the parties have the right to submit the disputed issue for resolution in court in accordance with the current legislation of the Russian Federation.

5.3. This agreement may be amended and/or supplemented by the parties during the period of its validity on the basis of their mutual consent and the presence of objective reasons that caused such actions of the parties.

5.4. Any agreements of the parties to change and/or supplement the terms of this agreement are valid if they are in writing and signed by both parties to the agreement.

6. Other conditions

6.1. This Agreement is drawn up in Russian in two identical copies, one for each of the parties, having equal legal force.

6.2. This Agreement comes into force from the date of its signing by both parties, from which it becomes binding on the parties who entered into it. The terms of this agreement apply to the relations of the parties that arose only after the conclusion of this Agreement.

7. Signatures of the parties

RENTER:

EMPLOYER:

Appendix No. 1
to the free use agreement
residential premises (apartment)
from "____" ________________ 20___

_______________ "___" _______________ 20___

Acceptance certificate

Citizen of the Russian Federation ____________________, passport series ______ No. ___________, issued by _________________________________, “____” ___________ 20___, department code _____________, registered at the address: _____________________,

hereinafter referred to as the “Lenter”, on the one hand, and

Citizen of the Russian Federation ____________________, passport series ______ No. ___________, issued by _________________________________, “____” ___________ 20___, unit code _____________, registered at the address: _____________________, hereinafter referred to as the “Tenant”, on the other hand, collectively referred to as the “Parties”, have drawn up this act about the following:

The Landlord transferred and the Tenant accepted for free use residential premises - an apartment with a total area of ​​_______________, (cadastral number __________________) located at the address: ____________________________.

The tenant accepts the residential premises for free use in high-quality condition as it is on the day of signing the agreement for free use.

The Landlord also transfers to the Tenant: sets of keys to all locks of the front door, documents confirming the absence of debts in payment of expenses for maintaining the apartment and the common property of the residential building.

During the acceptance and transfer of the apartment, the parties established that the condition of the apartment, as well as the power supply system, engineering networks and communications, was satisfactory. The Tenant has no claims regarding the technical and sanitary condition of the apartment and the property located in it. The parties established that visible defects in the transferred apartment are not grounds for termination of the contract for gratuitous use.

This act confirms the fact of transfer of the above apartment from the Landlord to the Tenant.

This act is drawn up and signed in two copies having equal legal force, and one is kept by each of the parties.

Housing does not have to be sold or rented. The premises can be temporarily transferred to another person free of charge. Interaction procedures are regulated by agreement for free use of residential premises. However, for an agreement to be valid, it must be drawn up correctly. The process must be carried out in accordance with the norms of Chapters 35-36 of the Civil Code of the Russian Federation.

The very possibility of concluding such agreements is fixed in Article 423 of the Civil Code of the Russian Federation. In accordance with current legislation, the document must contain mandatory information. The parties must record what responsibilities each of them bears, and also reflect the specifics of the change in the agreement. We will talk further about what data must be included in the document regarding the responsibility of the parties, as well as about changes and termination of the contract.

If an agreement for gratuitous use is drawn up, the lender undertakes to provide the borrower with some thing. The action is performed free of charge. In this case, the person who received the property is obliged to return it to the owner in the same condition in which it was received.

An agreement for the free use of an apartment must necessarily contain a number of information, the list of which includes:

• Subject of the agreement. If an apartment is transferred for free use, then it will be the subject of the contract.
• The transferred house or apartment is free of charge.
• Persons participating in the agreement.
• Rights and obligations of the parties to the agreement.
• Responsibility borne by each party.
• Conditions under which a free rental agreement can be terminated.
• Date and place of conclusion of the agreement.
• Signatures of the parties to the transaction.

If the tenant and the landlord find it difficult to draw up an agreement on their own, they can download a sample agreement for the gratuitous use of residential premises 2019. For a free apartment rental agreement, the same rules apply as for renting or renting. In particular, only things that do not lose their properties during prolonged use can be transferred. The agreement must contain data that makes it possible to identify the property. Otherwise, the agreement will be considered invalid. The legislation provides a definition of residential premises. In accordance with it, the transferred property must be isolated and suitable for long-term living.

The parties must determine the duration of the agreement. If they fail to do so, the contract is deemed to have been opened for an indefinite period.

A citizen who has received an apartment for free rent is obliged to use it in accordance with the terms of the contract. If they have not been agreed upon, the action is carried out in accordance with the purpose of the property. If the rules are violated, the agreement can be terminated at the request of the property owner. If the contract has expired, but the borrower continues to use the premises and the landlord does not object, the agreement is considered to be renewed for an indefinite period.

Improvements made by the tenant in the premises are recognized as his property. If the improvements were made with the consent of the property owner, and the changes cannot be separated from the premises, the owner may be charged the cost of the adjustments.

It must be taken into account that commercial organizations cannot transfer property for use to persons acting as its founder, manager, participant or member of management and control bodies.

What responsibilities do the parties to the transaction bear?

The current legislation states that liability for failure to fulfill obligations under an agreement occurs only in the event of the fault or intent of the person who did not fulfill the provisions of the agreement. In this case, the offender must prove his own innocence. The agreement may be declared void. The law also provides for liability for defects in property that was transferred for free use.

In accordance with the norm, the lessor is liable only for those defects that arose due to gross negligence and were intentionally not specified during the conclusion of the contract. In this case, the borrower can eliminate the problems reported in the premises free of charge, or demand reimbursement of the costs of carrying out the actions.

The lessor is not responsible for shortcomings that were previously communicated to the second party to the agreement and reflected in the agreement. A similar rule applies if the borrower knew about all the problems before signing the documentation.

Liability may also arise to third parties. This is possible if the damage was caused as a result of using the apartment. In this case, liability is assigned to the owner of the property unless he proves that the damage was caused as a result of intent or gross negligence of the tenant or another citizen who had the property with the consent of the borrower.

Particular attention in the current legislation is paid to the destruction of the apartment and its damage. Responsibility in this case rests with the tenant, but only if it is established that what happened was due to the fact that the premises were used for other purposes.

Making adjustments by the tenant and the landlord

The landlord has the right to terminate the free rental agreement. The list of friend cases is enshrined in current legislation.

This is possible if:

• the property is not used for its intended purpose;
• as a result of the tenant's actions, the condition of the premises has significantly deteriorated;
• the tenant transferred the property without the owner’s consent to third parties;
• the tenant fails to fulfill his obligations to maintain the premises and maintain it in proper condition.

The agreement may be terminated ahead of schedule and at the initiative of the tenant. This is possible if: a defect was discovered that was not mentioned during the conclusion of the contract, the lender did not fulfill the obligation to provide premises and documents for it, and also did not warn about existing rights to real estate from third parties. The law allows you to terminate the contract even if the premises are found unfit for habitation.

An agreement for the free use of non-residential premises is a document confirming the transfer of rights to use a building or part of it for production or commercial purposes. It can be concluded orally if the subjects are individuals, and in writing if at least one of the subjects is a legal entity.

An agreement for the free use of residential premises determines the conditions and standards for the use of a room, apartment, or house for the purpose of living in it without paying for use.

The object of the agreement for the gratuitous use of property is residential or commercial premises, cars, equipment, office equipment, and interior items.

Features of the contract for free use of premises

The subjects of the agreement for the gratuitous use of property are:

• lender - a person who is vested with the right to own any property, or a business entity who is authorized on behalf of the owner to enter into an agreement;
• borrower - a person to whom the right to operate residential or non-residential premises, a car, or equipment is transferred.

Many people confuse a free use agreement with a free lease (hiring). But the lack of payment applies only to the use of the premises for its intended purpose: living in it, organizing commercial activities. All costs related to the maintenance of the facility are borne by the borrower. This includes paying utility bills and carrying out repair work related to maintaining the original conditions.

This form of agreement should not be confused with the gratuitous transfer of property rights (donation). After the completion of the contractual obligations, the object of use must be transferred to the owner in its original condition.

There is no common opinion among lawyers about what specific features are inherent in a gratuitous use agreement. It should contain the following items:

• Preamble - the subjects of the agreement are indicated, their passport data (for legal entities - the director’s data, on the basis of which document he has the right to sign).
• Subject of the agreement. This paragraph indicates the type of premises, its purpose, location, features, and disadvantages. Among the data that must be specified in the contract is on what basis the premises belong to the specified owner, the cadastral number of the object.
• Duration of obligations under the contract. This clause may be defined by a specific number of months or be unlimited.
• Rights and obligations of the parties. Here it is important to clearly stipulate all the points, delineate areas of responsibility, and indicate sanctions in case of violation of the terms of the contract specified in this paragraph. This concerns the division of costs for maintaining the premises in the event of a decrease in the book value of the premises.
• Force majeure circumstances. Force majeure factors, the occurrence of which resulted in damage to the premises, which could not be prevented.
• The procedure for transferring premises. In this case, it is recommended to use a transfer and acceptance certificate, which describes in detail the equipment and its condition.
• Procedure for terminating the contract. If separate conditions for early termination of obligations under the contract are not specified, then the rules provided for by the Civil Code will apply.
• Other conditions. All data that cannot be attributed to the other points listed above is entered.

An inventory of the transferred property, an acceptance certificate, a passport of the object issued by the cadastre, documents of a legal entity or business entity may serve as additions to contractual obligations.

The characteristic features of this type of contractual obligations are:

A clear description of the object that allows it to be accurately identified. Otherwise, the contract may be considered invalid.

• The peculiarities of the loan agreement do not allow the recipient to dispose of the property or sublease it.
• If the premises are subject to state protection (an architectural monument), permission is required from the relevant commission.

Cases of drawing up an agreement for the gratuitous use of residential premises

Unlike an agreement for the gratuitous use of non-residential premises, which must be signed when a legal entity participates in the transaction, the free transfer of housing is carried out if it is necessary to register living relatives, friends, and acquaintances.

The conclusion of such an agreement relieves the lender of questions from outside government agencies about illegal receipt of profit from renting out residential premises. It is not recommended to use this form of contractual obligations in case of actual receipt of money for the provision of housing for rent.

The agreement carries the risk of non-receipt of remuneration, since there are no grounds for demanding payment from unscrupulous tenants.

Rights and obligations of the parties under a free use agreement

The owner of the property or a person authorized by him is obliged to provide the premises in the condition specified by the contract. This applies to furniture and equipment, unless otherwise provided by its conditions. To do this, it is recommended to draw up a transfer and acceptance certificate, which clearly describes the equipment of the home, the degree of wear and other quality characteristics.

The borrower must be warned about obligations to third parties (the object of use is pledged or seized). Concealing this information may result in early termination of the contract.

Unless otherwise provided by the terms of the contract, the person to whom the right to operate is transferred must maintain the premises in proper condition. To do this, carry out major and cosmetic repairs at your own expense, and pay maintenance bills.

Costs arising in the event of unexpected damage or destruction of the object of use are borne by the lender if the borrower could not prevent them under any circumstances. Otherwise, the responsibility lies with the user. The same applies to cases of use of property for other purposes.

Validity period of the contract for free use of the premises

The terms of the agreement may determine the specific time frame for its validity. If this clause is absent, then the contractual obligations are considered unlimited. Any party can terminate them by notifying at least 3 months in advance (other time frames may be provided by mutual agreement).

Reasons for early termination of fulfillment of obligations under the contract by the owner of the premises:

• the property is not used as described in the contract;
• work is not carried out to maintain the premises in proper condition;
• the condition of the premises, furniture, equipment has deteriorated significantly;
• a sublease agreement was concluded without the consent of the owner.

Termination at the initiative of the borrower occurs for the following reasons:

• the presence of insurmountable shortcomings, the presence of which was hidden and not indicated in the contract;
• claims of third parties to whom there are obligations (for example, a bank);
• failure to provide an object for use.

A fixed-term contract provides for a different termination procedure. In this case, the person receiving the property for use has the exclusive right. This requires warning the counterparty of intentions 1 month before the break.

Similarities and differences between an agreement for the gratuitous use of residential premises and a lease

The Civil Code of the Russian Federation in paragraph 2 of Article 689 defines the following rules, also characteristic of a lease agreement:

• The duration of the contract may be established by the relevant clause or may not have a specified end.
• Method of use and purpose of the room. If the apartment or house is not used for living in it, then the owner has the right to terminate the obligations under the contract unilaterally early.
• Contract extension. If both parties do not wish to terminate the contract (they must notify it in writing), after its termination it is extended for an indefinite period.
• Improvement of conditions. The person living in the living space must maintain it in its original condition. If any improvements have been made, the costs will be borne by the owner. Uncoordinated changes are made at the expense of the residents.

Despite the obvious similarities of these contracts, there are fundamental differences, which lie in the degree of responsibility for improper fulfillment of the conditions:

• failure to provide an object of use or its poor technical condition entails a fine in the amount of possible damage caused (if renting, an additional amount equal to lost profits is paid);
• if the owner has not provided the premises, the counterparty cannot demand this (under the lease agreement this right is present);
• The costs of maintaining the premises in case of a loan are borne by the tenant, in case of rent - by the owner.

The notary office and translation agency on Okskoy is your reliable assistant and consultant. If necessary, you will be provided with advice and a signed agreement for the free use of property will be certified to give it unconditional legal force. To do this, the notary conducts a reception directly at the office and visits the client at the office or home at an address in Moscow or the Moscow region.

The cost of services for drawing up a contract is fixed, you can find it on the website or by contacting the office. Contacting us guarantees you will receive qualified assistance on legal issues.

The right to free use of an apartment or other residential premises may arise for citizens and organizations as a result of the conclusion of a loan agreement in their favor. However, according to it, along with the right to free use of the apartment, the borrower has a lot of related responsibilities:

• according to current and major renovation premises;
• maintaining it in proper condition;
• security;
• payment of utility bills;
• other obligations agreed upon with the lender - the owner of the property.

However, the lender is also endowed with certain responsibilities - to provide the apartment suitable for living, notify about the rights of third parties to it, provide the borrower with all accessories and documents for the apartment, etc.

All the nuances of the contract for the free use of residential premises

Apartment for rent or free use Due to the unconditional similarity of rental transactions and free use of an apartment, they are often confused. However, despite many similarities, the legal relations regulated by them differ in many respects. In this regard, in order to avoid confusion, it is advisable to compare the designs of these transactions and consider their similarities and differences in more detail.

Free use of the apartment

Among other aspects, it is necessary to pay attention to the following:

• The user of an apartment under a lease agreement is always only an individual, while it can also be transferred to organizations for free use.
• A transaction for gratuitous use can be concluded for any specific period or for an indefinite period. Renting an apartment is allowed only for a period not exceeding five years (Article 683 of the Civil Code of the Russian Federation).
• The borrower using the premises is obliged to independently carry out its repairs and maintenance, as well as pay utility bills, while under the lease agreement, all these responsibilities (except for routine repairs) are assigned to the owner of the property - the lessor.
• The free use agreement does not provide for the right of the borrower to provide it for use by other persons. Regarding hiring, Art.

Free use of an apartment under a contract - nuances and legal subtleties

Early termination of the agreement The terms of the agreement for the free use of housing are established by the parties by mutual agreement. Early termination of the agreement is possible in the following cases: 1. The lender may ask the tenant to vacate the premises transferred to him for free use if:

• he uses the property for other purposes;
• harms him by not complying with the terms of the contract.

2. The borrower has the right to terminate the agreement if:

• housing and property were not transferred in the condition in which it was specified in the contract;
• third parties have appeared who have rights to this premises;
• the owner did not transfer the living space to the tenant.

Another point under which early termination of the contract may be possible is a month’s notice that the agreement will be terminated.

Agreement for free use of residential premises

In practice, this agreement is often concluded orally between the parties, but for the least risks, it is better to conclude it in writing. This will allow:

• exclude any disputes and conflicts between the parties;
• record all essential terms of the agreement;
• determine the terms of utility payments;
• establish guarantees for the safety of property, or compensation for actual damage in the event of loss or damage to property by the second party (tenant);
• register the tenant at his place of residence.

If the agreement is not concluded, then the authorities may question whether the housing is being rented out illegally.

Free use of residential premises

• general information
• What is it for?
• Legal regulation of gratuitous use and specifics of contract execution
• Validity
• Early termination of the agreement
• Taxes

• what rooms in the house can be used;
• who will live with the main occupant;
• the entry of other persons who are not included in the contract is possible with the consent of the owner of the premises;
• terms of use of the premises;
• payment of all utility bills;
• all rights and obligations of both parties.

Find out how to get an extract from the Unified State Register from our article. Where can I get a registration certificate for an apartment? The answer is here. What is it for? Upon conclusion of the contract, the tenant can officially live in the apartment with his family.

Agreement for free use of residential premises (apartment)

A commercial enterprise (organization) or its founder (executive body, member of a control or management body) cannot enter into such an agreement. For example, the conclusion of such an agreement is unacceptable between a lender who is legal entity, and director of the same enterprise. Obligations of participants in a transaction for the gratuitous use of an apartment The borrower is obliged to use the residential premises only for its intended purpose and strictly in accordance with the established conditions.
If such a citizen does not comply with the terms of the agreement and does not use the apartment for its intended purpose (for example, he does not live in it, but has set up an office there), then the owner of the home may demand termination of the contract and compensation for damages caused.

Agreement for free use of an apartment sample

Taxes When concluding an agreement for gratuitous use, tax consequences do not arise for the parties, because the ownership right does not transfer to the tenant, therefore the agreement will not be considered a taxable object. In addition, the nature of the agreement excludes the possibility of obtaining profit and economic benefits from the transfer of housing, therefore the tax base is not formed. There are cases when tax authorities qualify this agreement as a lease or gratuitous transfer and charge tax payments.

Attention

However, such disputes can be avoided if you correctly draw up a free use agreement. It must indicate which party will be responsible for the maintenance of the premises, which were transferred to the tenant free of charge. Neither party will pay taxes on this agreement because there is no income from the property in question.

Home / Documents Under an agreement for the free use of residential premises, the owner of the apartment undertakes to provide the other party (tenant) with this apartment for living - residential premises for free use, and the tenant undertakes to accept this apartment, and upon termination or expiration of the concluded agreement - to return the received residential premises in the same condition in which it was received from the owner. The subject of the agreement is an apartment - a residential premises (or part of an apartment), which is transferred to the tenant free of charge. However, it is worth considering that only the premises themselves are transferred free of charge, that is, “free” only applies to living in the transferred residential premises.

What are the dangers of an agreement for the free use of an apartment?

According to it, the lender transfers or undertakes to transfer to the borrower for free use an apartment, which the latter undertakes to return in the same condition in which it was upon receipt, taking into account normal wear and tear, or in another condition stipulated by the agreement (Article 689 of the Civil Code of the Russian Federation). The specified transaction is concluded in simple written form and does not require mandatory notarization and state registration. Moreover, it can be concluded either for a certain period (temporary use) or indefinitely. The lender under such an agreement can only be the owner of the apartment or a person authorized by him (representative). Regarding the borrower, there are no requirements based on which, he can be any capable citizen or organization.

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