The contract of gratuitous use - what to consider?

In life, there are often situations where we give other people, and not necessarily close relatives, the right to exploit our belongings or real estate. Even if we carry out this for purely humane reasons, it is best to sign a contract of gratuitous use, according to which the rights and obligations of both parties will be clearly defined.

Imagine a situation: a distant or close relative, Friend, friend has nowhere to live. And you have an empty apartment, and you would like someone to look after it. But you do not want to let outsiders into your living space for anything. In addition, if you rent out a property for money, it will be considered your income, therefore, you will certainly have to make a tax return and pay "taxes". The contract for gratuitous use implies that you do not receive any profit for the transfer of a thing to another person. Therefore, you will not have to report. But your relationship with a tenant or tenant is clearly settled. On the basis of such a document, which is a contract of gratuitous use, a person will be able to obtain a temporary registration at the place of stay. Of course, only with your consent and - more often - with your personal presence at the passport office.

There is no need to register a contract for gratuitous use . However, if other actions (at least the same registration at your address) are performed on its basis, you can draw it from a notary. The lease contract for gratuitous use most often includes a clause that determines who and on what grounds is paying utility bills. As a rule, this is a tenant. However, in order to avoid any problems, the contract of gratuitous use Should be submitted to the Housing Authority. This is due to the fact that if the payment for utility services is not carried out by the counter, the deciding factor will be the number of people living.

In addition, the lease on a gratuitous basis determines the liability for accidental or deliberate damage to property. Such a document will allow you to avoid unnecessary problems and hassle if, for example, tenants flood their apartment or neighbors, if by accident a gas or central heating accident occurs. For security of property, the tenant, as a rule, is responsible. It is desirable to prescribe in the contract and possible compensation for damage in the event of unforeseen situations. In addition, the tenant undertakes to maintain cleanliness, maintain the sanitary condition of the premises, do not disturb the neighbors' peace. Unfortunately, the human nature is such that to a stranger He rarely treats property as gently as to his own. And - paradoxically - most of all problems can be created not by strangers, but by relatives and friends. Therefore, when doing a good deed and helping your neighbors, you should not forget about your own interests.

The contract of gratuitous use is usually made in two or three copies, indicating the address and passport details of the parties. Attached to it is an act of acceptance and transfer of living quarters, which describes the condition of the apartment, its decoration, furniture. Separately it is necessary to specify who bears or reimburses expenses if the tenant has improved the property entrusted to him - for example, made cosmetic repairs, replaced doors or windows, pipes or batteries. Such costs can be reimbursed by the lessor, but it can be agreed that they will be jointly paid.