Lease agreement

Hiring (renting) is always a popular topic, even during war. Today, many Ukrainian citizens are left without homes due to Russian aggression, and therefore are forced to rent housing in safer places in Ukraine and abroad.

According to opinion of USTgroup specialists, the task of lawyers is to protect citizens from scammers, who, unfortunately, still occur today in Ukraine and abroad in the housing rental sector. That is why in this article we are sharing important points that you need to pay attention to if you are not using help of a lawyer.

Who can enter into a rental agreement?

The rental agreement is not always concluded between individuals. Such an agreement can be concluded between an individual and a legal entity. In short, the right to transfer property for rent (lease) has the owner of the thing or the person who owns the property rights, Part 1, Article 761 of the Civil Code of Ukraine.

What to pay attention to when concluding a rental agreement?
Duration of use of rented housing: the period established by the contract. If the parties have not established a period for using the thing, it is determined in accordance with the purpose of using it. Each party to a rental agreement concluded for an indefinite period may cancel the agreement at any time by notifying the other party in writing one month in advance, and in the case of leasing real estate - three months in advance (unless another period for such warning is established agreement).
If the tenant continues to use the property after the expiration of the lease agreement, then in the absence of objections from the lessor within one month, the agreement is considered reinstated for the period previously established by the agreement.
Payment for the use of property: is established for a certain period by agreement between the parties (usually per month) in cash or in kind at the choice of the parties. An agreement or law may establish a periodic review, change (indexation) of the amount of payment for the use of property. The tenant has the right to demand a reduction in payment if, due to circumstances for which he is not responsible, the ability to use the property has significantly decreased.

The quality of rental housing.

The lessor is obliged to transfer the thing to the lessee in a complete set and in a condition that meets the terms of the lease agreement and its purpose.
The landlord is obliged to warn the tenant about the special properties and shortcomings of the thing that are known to him and may be dangerous to the life, health, property of the tenant or other persons or lead to damage to the thing itself during possession and/or use of it.
The tenant is obliged to check the serviceability of the item in the presence of the lessor. If the tenant, at the time of transferring the thing into his possession, is not convinced of its serviceability, the thing is considered to be transferred to him in proper condition.
Risk of accidental destruction or accidental damage to an item
A tenant who delays returning an item to the lessor bears the risk of its accidental destruction or accidental damage.

How to correctly determine the procedure for paying rent (rent) for housing?

For hiring (renting) property, the tenant is charged a fee, the amount of which is established by the rental agreement.
If the amount of payment is not established by the contract, it is determined taking into account the consumer quality of the item and other circumstances of significant importance.
Payment for the rental of property may be made at the choice of the parties in cash or in kind. The form of payment for hiring (renting) property is established by the lease agreement.
An agreement or law may establish a periodic review, change (indexation) of the amount of fees for hiring (renting) property.
The tenant has the right to demand a reduction in payment if, due to circumstances for which he is not responsible, the ability to use the property has significantly decreased.
Payment for rental property is paid monthly, unless otherwise provided by the agreement.
The tenant is exempt from payment for all the time during which the property could not be used by him due to circumstances for which he is not responsible.

Is it necessary to notarize a rental agreement?

An agreement concluded for up to 3 years can be concluded in simple written form, namely laid out on white paper with the signatures of the parties.
Otherwise, when the contract is concluded for three or more years, the contract must be on a notarial form and the signatures of the parties must be notarized. All changes to the lease must be made in the same form in which it was concluded. If this is a notarized form, then all additional agreements must be notarized.

Of course, it is impossible to provide for all issues on your own, so the best way to conclude an agreement is to seek help from a lawyer. Save your time and money. For advice from USTgroup lawyers, please contact the following contacts:
(044) 222-59-73; (063) 224-08-18