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The contract for the lease of the apartment - what you should know about it?

The form and content requirements of a contract to rent the apartment to the Civil Code. But what when it is negotiating to give particular attention? Did it, for example, that the treaty must not contain contractual penalty? And what if the contract does not state the period of the lease?

Unlike other types of lease agreements may be concluded verbally (eg. The car hire contract) include a contract for the lease of an apartment among those that must by law be concluded in written form. "If the lease is concluded only verbally , the landlord has the right to designate it later only because she invalid, "says Luke Green, head of the legal department Dtest.

The lessee should also have checked ahead of time on what basis and whether the person with whom a lease is right to give the apartment to rent. If the lessor is the owner of the apartment, it should prove an extract from the cadastre. There you can also find out whether it is the sole owner of the leased apartment. "It often happens that a lease agreement regarding the apartment closed by someone who either did not own or is only one of the joint owners of the apartment or house," says Luke Green.

What should be specified in the lease and what he is not vice versa?

In the agreement should be labeled as accurately rented apartment. Part of the lease scheme can be given storey residential building in which the apartment indicated.
The lease contract should indicate a time of tenancy. Unless the duration of the lease stated in the contract, it does not void the lease contract. In such a case, the lease for an indefinite period.
Part of the contract should (but not necessarily) be setting rents and provisions on the method and terms of its maturity or agreement on annual rent increases. Furthermore, the fact that services related to tenancy the landlord is obligated to provide a method of allocation of their payment.
The lease contract may contain provisions on the grant of financial security (ie. A deposit) for the payment of rent and other obligations of the lease, the description of the apartment and the facilities or arrangements, the possibilities and conditions for modifications to the apartment and providing the necessary corrections and revisions.
Contrary to the lease agreement is not contractual penalties for damage to the apartment or its specific equipment. Such a requirement is contrary to the law. If the contract obliges the tenant to pay a penalty or obligation that is due to circumstances manifestly excessive, the law is disregarded to such arrangements.

Source: tz

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