How to lease Housing Premises?

Pursuant to Article 662 of the RA Civil Code, the contract of lease of housing premises shall be concluded in written form by the compilation of one document signed by the parties.

The contract of lease of housing is subject to Notarial certification.

Under Article 665 of the Code, The lessor has the duty to transfer to the lessee unoccupied housing premises in a condition suitable for living. The lessor has the duty  to conduct appropriate utilization of the dwelling house in which the housing premises given in lease is located, to provide or to ensure the provision to the lessee for payment of the necessary utility services, and to ensure the conduct of repair of the common property of a multi-apartment building and of structures for the provision of utility services.

The duties of the lessee under this code are: “The lessee has the duty to ensure the safekeeping of the housing premises, and to keep the premises in proper condition. The lessee does not have the right to do remodeling or reconstruction of the housing premises without the consent of the lessor. The lessee has the duty to make timely lease payment for the housing premises. Unless the contract provides otherwise, the lessee has the duty to make utility payments itself.

The RA Civil Code foresees the rescission of the contract of lease of housing premises with the consent of other citizens permanently living with him/her, at any time to rescind the contract of lease with three months written warning to the lessor.

The contract of lease of housing premises may be rescinded by judicial procedure on demand of the lessor in cases:

1)failure of the lessee to make lease payment for the housing premises more than two times at the expiration of the time period for payment established by the contract;
2)destruction or spoilage of the housing premises by the lessee or by other citizens for whose actions he is liable.

If the lessee of the housing premises or other citizens for whose actions he is liable use the housing premises not for their purpose or systematically violate the rights and interests of neighbors, the lessor has the right to warn the lessee of the necessity of eliminating the violations and also to rescind the contract of lease of housing premises by judicial procedure.

The contract of lease of housing premises may be rescinded by judicial procedure on the demand of either of the parties to the contract.

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