Rental agreement sample

What this sample is and what it is not

The sample lines up, in order, the points that usually cause disputes when renting an apartment. Some call it a lease, others a rental contract; the substance is the same. Behind each clause is a question: who does what, when and on what terms. Once the answers are on paper, a verbal agreement becomes a document, and the conversation “that is not what we agreed” does not start later.

The sample is not a substitute for legal advice. If the agreement is for a long term, the apartment will be used as an office or the landlord lives abroad, other clauses may be needed. In that case show the finished text to a notary. A notary can both certify the agreement and tell you whether registration in the state registry is needed.

Carry the clauses over in order and write your own term next to each one. Do not delete a clause that does not apply to you; write “not applicable” next to it, because an empty clause later creates risk for both sides. If you have not chosen an apartment yet, look at the market first and move on to the agreement afterward.

Parties, apartment and term

The agreement starts with who hands what to whom. Names are written as on the ID card, the address as in the title deed. Phrases from the listing such as “near the metro, renovated” do not belong in the agreement.

The most important check in this part is whether the landlord is really the owner. The name on the title deed must match the name on the ID card. If a relative, an agent or another representative is renting out the apartment, ask for a power of attorney and write its number into the agreement. How to check a title deed is described in detail in the buyer’s guide; for a tenant the logic is the same.

The term clause states the exact start date and end date. Renewal is settled here too: when the term ends, does the agreement continue on the same terms, or is a new written agreement needed? The most common mistake is leaving this clause empty.

• Landlord: full name, ID series and number, address, phone
• Tenant: the same details, plus the names and number of people who will live with them
• Apartment: full address, floor, number of rooms, area, number and date of the title deed
• Basis of ownership: the title deed in the owner’s name; if there is a representative, the number and date of the power of attorney
• Term of the agreement: start and end dates
• Renewal: automatic or by written agreement, and on what terms
• Purpose of the apartment: residential use only

Rent, deposit and utilities

The money clauses are the ones read most closely, so there should be no vague wording here. The amount is written in figures and in words, and the payment day as a calendar date. How to pay must be exact too: cash against a receipt, or a bank transfer. A transfer is also proof. If someone later says “the money was not paid,” the transfer history shows everything.

Give the deposit a clause of its own and state exactly what it covers: damage to the apartment, unpaid utilities, a lost key. Is the deposit counted toward the last month’s rent? That is also a matter of agreement, and if it is not written down, each side will read it in its own favor. Add here how soon the deposit is returned and that deductions are made only on the basis of an act.

For utilities, a table is simplest: next to each service, write who pays for it. Usually the tenant pays for what goes by meter (electricity, gas, water), while payments tied to the apartment itself stay with the landlord. But this too only works when it is written down. On move-in day the meter readings go into the act, so that earlier debt does not fall on the tenant.

• Rent: the monthly amount in figures and words; whether it will change during the term
• Payment day: which day of the month, in advance or at the end of the month
• Payment method: bank transfer or cash; with cash, a receipt is required
• Deposit: the amount, what it covers, when and how it is returned
• Utilities: electricity, gas, water, internet, building maintenance; who pays for each
• Meter readings: in the act on move-in day; earlier debt stays with the landlord
• Late payment: what counts as a grace period and what happens after it

Repairs, damage, visits and house rules

Most disputes in renting begin with the question “whose job is this?” The heating is not working, a faucet leaks, a stain has appeared on the wall. Split these in two in the agreement. Major repairs and equipment that belong to the apartment itself are on the landlord, while small breakages from everyday use are on the tenant. Also spell out the difference between normal wear and damage: a worn floor is not damage, a broken door is.

Landlord visits to the apartment need a clause of their own: in what cases the landlord comes, whether they give notice in advance, whether the time is agreed with the tenant. This clause protects both sides at once. The tenant is not disturbed at odd times, and the landlord keeps the right to look after their apartment. It is also where you note how many keys there are and who holds them.

House rules (animals, smoking, other people living there, handing the apartment over to someone else) are settled not in the listing but in the agreement. If you plan to rent together with a roommate, write that in from the start. A person brought in later may count as a breach of the agreement.

• Major repairs and replacing equipment: the landlord
• Minor everyday repairs (a light bulb, a faucet gasket, a lock): the tenant
• Reporting a breakage: to whom, how and within what time
• Normal wear is not damage; damage is recorded in an act with photos
• Landlord visits: at a time agreed in advance, except in urgent cases
• Pets and smoking: whether allowed and, if so, on what terms
• Additional occupants, handing the apartment to someone else, changes (painting, drilling holes): only with the landlord’s written consent

Early termination and notice

Nobody signs an agreement in order to break it, but life happens: a job changes, the landlord decides to sell the apartment, the tenant moves to another city. The termination clause deals with this while relations are still calm: how much written notice each side must give and what happens to the deposit in that case.

The same notice period for both sides is considered fair. State it exactly. A phrase like “a reasonable time” will not help anyone in a dispute. Also state how notice is delivered: a written message, e-mail or a signed paper.

List separately the breaches that give grounds to terminate the agreement immediately. For example, payment delayed beyond the agreed limit, serious damage to the apartment, the landlord coming in without permission. For the case of the apartment being sold, the tenant’s position should also be spelled out: the agreement runs to the end of the term, or the sides part in an order agreed in advance.

• Notice period: the same for both sides and stated exactly
• Form of notice: written; the address or number is stated in the agreement
• Deposit on termination: returned in full, or in which cases it is withheld
• Grounds for immediate termination: payment, damage, prohibited use
• If the apartment is sold: the fate of the agreement and the time the tenant is given
• Vacating the apartment: the date, return of keys, final meter readings

Handover act and signatures

The handover act is what people forget most often, yet it is the most needed later. The tenant must return the apartment in the condition in which they received it. The strongest proof of that is an act drawn up on move-in day, plus dated photos. On move-out the act is drawn up again and the two documents are laid side by side.

In the act, furniture and appliances are listed with a note on the condition of each item: “refrigerator works, door seal worn.” A scratch on the wall, a cracked tile, a socket that does not work, if not noted on move-in day, may be charged to the tenant on move-out. Meter readings and the number of keys also go into the act.

At the end both sides sign every page of the agreement, the act and photos are named as an integral part of the agreement, and each side takes its own copy. Notarization adds weight to the document if a dispute arises. Whether notarization and registration are needed in your case, ask the notary.

• The act is dated the same day as move-in
• Furniture and appliances: a list, the condition of each item
• Existing defects: walls, floor, plumbing, windows
• Photos: dated, preferably on both sides’ phones
• Meter readings: electricity, gas, water
• Keys: the number, including the intercom and the door card
• Signatures: on every page, two copies, attachments are an integral part of the agreement