The importance of correctly drawing up the deed of transfer of leased property

Contents and form of the apartment acceptance certificate

In practice, drawing up an act is most often required when making transactions for the lease and purchase and sale of residential premises or apartments.

The parties to the transaction must take this condition into account, because drawing up a lease agreement, without a corresponding annex to it in the form of an act, will not be a basis confirming the transfer of property for rent.

In some cases, the parties may not draw up an act in the form of a separate document. To confirm the fact of transfer of real estate for rent, it is enough to include this condition in the text of the agreement itself.

The best option would be if the parties nevertheless draw up a transfer and acceptance certificate in the form of a separate document. This approach is convenient for the parties and is widely used in practice. Moreover, when drawing up an agreement and including in it conditions confirming the acceptance and transfer of property, you can miss important points or make a mistake.

A sample act of acceptance of the transfer of an apartment for rent should have the following content:

In the right corner you should indicate which agreement this act is an annex to (write the number of the agreement and from what date).
In the middle is written the name of the act, and which agreement it relates to, then in the left corner the place of preparation is indicated, and the date is written in the right corner.
Next, a preamble is written, the content of which is information about the parties to the transaction. It is imperative to provide accurate data, without errors or typos, strictly in accordance with the personal documents of the parties.
The following information should be detailed point by point:

A condition on the transfer by the landlord of residential premises to the tenant.
Characteristics of the premises: address, apartment (house) number, number of floors.
The general condition of the housing leased. All defects, existing breakdowns, presence of furniture, etc. should be indicated.
Other information that is important for the parties.
It is imperative to indicate that the parties have no claims against each other.

A sample document for the acceptance and transfer of an apartment under a lease agreement may contain an inventory of the property located in the apartment. You should indicate what condition it is in, list all pieces of furniture. How to correctly draw up a property inventory act can be read here.

The more detailed the act is drawn up, the more the parties can protect themselves from possible disagreements.

Correct drafting of papers plays an important role if the dispute between the parties reaches trial. As practice shows, courts quite often refuse to satisfy the landlord’s demands if the deed or the rental agreement itself were not drawn up correctly.

In some cases, a tenant may be found guilty of damaging property without being directly at fault.

For example, the act did not indicate that the landlord’s belongings were in the residential premises. After accepting the apartment from the tenant, it turns out that certain property is missing. It will be quite difficult to prove that it was in the apartment at the time it was rented out, unless otherwise stated in the deed.

It is worth considering that it is not possible to recover damages from the tenant in the following cases:

Damage to property occurred due to natural causes. For example, in a room the plaster was crumbling due to age.
The damage occurred due to the unorganized work of the utility service. For example, a major overhaul of the wiring was not carried out on time, as a result of which a short circuit occurred and household appliances in the apartment burned out.

After reaching agreement on all points of the act and contract, responsibility for the transferred premises passes to the tenant.

The act is drawn up only in written form. This document has a unified form, therefore, when drawing it up, the parties must be guided by generally accepted rules.

The number of copies of the acceptance certificate is two. One remains with the tenant, the second with the landlord.

The act of acceptance and transfer of an apartment when making a purchase and sale, see

The act of returning the apartment to the landlord

ACT

Transfer of Apartment and Property (return to the Landlord)

to the rental agreement No.______ dated “____”_____________ 20__

Moscow “_____”_______________________ 20__

___________, hereinafter referred to as the “Landlord”, on the one hand, and ___________, hereinafter referred to as the “Tenant”, on the other hand, hereinafter referred to as the Parties, have drawn up this Act as follows:

In accordance with the rental agreement, the “Tenant” returned (transferred), and the “Landlord” accepted back the one-room apartment previously transferred for temporary paid use, located at the address: __, hereinafter referred to as the Apartment, the keys to the Apartment, as well as the Property in accordance with paragraph 3 of this act.

Upon return (transfer), as a result of inspection of the Apartment, it is established that the Apartment as a whole and:

Double bed black with orthopedic heated mattress white
Corner sofa (brown) (room).
Computer desk (black) (room).
Soft leather computer chair (beige) with steel legs (room).
IKEA furniture: black wall included (room).
IKEA black chest of drawers (room) – 1 piece.
LCD TV 40 inches black (room).
Cordless telephone with answering machine DECT Panasonic.
IKEA floor lamp – 2 pieces.
Floor hanger on wheels (hallway).
Indesit washing machine (bathroom).
Sink (washbasin) with built-in cabinet and faucet (bathroom).
Gas water heater (bathroom).
Bathtub with mixer tap (bathroom).
White toilet with lid (restroom).
Black gas stove (kitchen).
Samsung refrigerator gray (kitchen).
Kitchen sofa IKEA (kitchen).
LCD TV 15 inches gray Panasonic (kitchen).
Small table (black) (kitchen).
Kitchen set included (cutting table, wall cabinets, etc.) (kitchen).
________________________________________________________________________

are returned in proper, habitable, serviceable and functional condition.

Together with the Apartment, the Tenant returned (transferred), and the Landlord accepted back the following Property previously transferred for temporary paid use in accordance with the Inventory (Appendix No. 1 to the Lease Agreement No.____ dated “____”_______________ 20___).

Upon return (transfer) of the Apartment, as a result of a joint inspection by the Parties, the following condition of the Apartment's facilities was established: plumbing fixtures - toilet, sink and bathtub with mixer, heated towel rail, sink and mixer in the kitchen are in working order and in good condition. the floor - the laminate has no visible damage and is in satisfactory condition at the time of transfer of the apartment. the ceiling in the room is whitewashed, has no visible cracks, is in satisfactory condition, in the bathroom, toilet and hallway the ceiling is suspended, is in satisfactory condition, in the kitchen the ceiling is white, painted, there are minor paint cracks, otherwise in satisfactory condition. The walls in the room and kitchen are covered with wallpaper; no visible cracks or other damage were found at the time of handing over the apartment. The walls in the toilet and bathroom are undamaged and there are tiles in the bathroom. Everything is in satisfactory condition. windows are plastic. The room consists of a window consisting of two window sashes and an insert on top made of plastic and double-glazed windows, as well as a balcony door and an insert made of plastic and double-glazed windows. They are in fully working order. The kitchen consists of two window sashes and an insert at the top made of plastic and double-glazed windows. The electrical wiring is internal and is in perfect condition. doors – entrance door – steel, main, with locks and latch. All locks are in good working order and the door is in good working order. The second entrance door without a lock is in satisfactory condition. The door to the room is decorative, with an insert, without damage, and is in good condition. The doors to the toilet and bathtub are not damaged, they are in good condition, otherwise - ___________

The electricity meter readings on the day of signing this act are:

T1 __________, T2_________________, T3_________________.

The water IPU readings as of the day of signing this act are: _____________.

The Landlord has no claims to the returned (transferred) Apartment (including sanitary and technical condition).

The keys to the Apartment were returned (transferred) simultaneously with the signing of this act.

This act is drawn up in two copies having equal legal force, one for each of the Parties.

Lessor: _______________________

(full name, signature)

Employer: _________________________________

(full name, signature)

"___" _____________ 20 ___

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The essence of drawing up an act

The essence of the act of acceptance and transfer when making the purchase and sale of an apartment does not have any special distinctive points in comparison with the act of acceptance and transfer of an apartment for rent.

For a document to have legal force, it must contain the following information:

Information about the date and place of signing.
Information about the agreement to which the act is annexed.
Information about the participants in the transaction. Provide reliable data corresponding to the passport.
Characteristics of the residential property: address, floor, total living area, on what right the property belongs to the seller, etc.
Condition of the housing: whether there is or is no repair, what damage is there (for example, the wiring is not working), whether any property is being transferred (for example, quite often built-in pieces of furniture are transferred along with the apartment).
The amount for which the buyer purchased the apartment.
At the end, the signatures of the parties and the date are placed.

transfer deed to the apartment rental agreement

The acceptance certificate serves as an integral part of the lease agreement. It provides guarantees for the safety of household appliances, furniture and the general condition of the living space at the time the tenant moves in for permanent residence. Moreover, it is beneficial not only for the landlord; the tenant is also interested in its availability when transferring residential real estate.

We have tried to describe in this form of act the maximum number of nuances that will help resolve disputes and remove mutual claims at the time of transfer of property when tenants move in and out of rental housing.

Additionally, it is recommended to take photographs that fully reflect the condition of the apartment at the time of transfer and reflect them on the acceptance form when renting.

By signing such an act, the tenant assumes full financial responsibility for damage to real and movable property, based on clause 2.2 of the rental agreement located on our website.

Once the download is complete, you can begin filling out this form using the example below.

Points to pay attention to

When making large transactions, you should seek help from lawyers who can provide advisory services and, if necessary, fully support a complex transaction.

Along with the signed deed, the keys to the property are handed over.
When selling an apartment, the documents required to register the transaction are transferred.
Until the deed is signed and the premises are leased or transferred to the buyer, the owner is responsible for the property.
When contacting the services of realtors or real estate agencies, they undertake the preparation of documents.
When drafting papers yourself, you can resort to samples posted on the Internet. The main thing is that they are drawn up legally correctly.

Download. Certificate of acceptance and transfer of commercial lease.

Download. The act of acceptance and transfer of the apartment.