Types of rent
- Renting houses and residential apartments; In this type of lease, the tenant usually rents a house or an apartment for one year to live in for himself and his family members. The lessor usually receives an amount as an advance or deposit from the tenant, and an amount is determined monthly as rent. Sometimes a tenant rents a shop to start a business such as a gold shop, supermarket, tailor shop or electrical appliance shop. In these types of leases, the lessor usually receives an amount as a security deposit.
Rental Conditions
- The lessor must be the owner of the house or apartment or shop; Therefore, no one other than the owner or his lawyer can rent a property. The tenant can also rent the place he rented to someone else, unless this right is denied in the rental contract.
- The rental period must be fixed; If the lease agreement does not specify a period of time (for example, one year or two years or several months), the lease is void and has no effect. The rental period is usually set for one year.
- The lessor and the lessee must be mature and wise; Therefore, minors and insane persons cannot rent or lease the property. The guardian of these people can rent or give rent on their behalf.
- Written lease; According to the Law on Landlord and Tenant Relations approved in 1376, the rental agreement must be drawn up in writing and two witnesses must also sign it. Also, this contract must be drawn up in two copies so that both parties can benefit from the privileges of the Landlord and Tenant Law of 1376. Benefit. If the parties (landlord and tenant) do not draw up a written contract, they will face many problems, which will cause them to wander in the corridors of justice for months and maybe years.
Delays' assignments
- Delivery of the leased item to the tenant; The lessor must hand over the house, apartment or shop to the lessee after concluding the lease. Because usually in rental contracts, money is taken from the tenant in advance, the lessor must return the above amount to the tenant at the time of eviction. If the engine room (heating and cooling system), elevator, roof isogham and other general repairs are necessary for the rental, the lessor must do it.
Tenant assignments
- payment of rent; Rent is usually paid monthly, so the tenant must pay the rent to the lessor or the lessor's representative at the end of each month. It should be noted that if the right to terminate the rental contract is provided in the rental contract if the rent is not paid on time, the tenant must pay the rent on time so as not to face eviction problems.
- In cases where the tenant of the house Or he completes the mortgage of the apartment, no longer paying rent. In cases where the tenant mortgages the house or apartment, usually the amount of advance payment is high, and for this reason, usually there is no rent, but if the amount of advance payment is small, the lessor also receives rent.
- Evacuation of the rented place at the end of the contract. If the house or shop needs things such as painting or replacing lamps or sockets and switches and door locks, the tenant must do these things himself. Because the tenant uses water, electricity, gas and telephone, he has to pay the expenses himself. The tenant must also pay the charging fee.
- Not preventing major repairs by the landlord; If the rented place needs general repairs, such as repairs to the engine room and elevator, these repairs are done by the lessor; Therefore, the tenant should not prevent the lessor from entering to repair these items.
Tenant Rights
- in a residential house or apartment; The tenant usually rents a house for himself and his family members, so he has the right to use a common storage or parking lot; Unless otherwise agreed in the lease agreement. If the tenant has given money in advance to the landlord, he can get it back from the landlord during eviction. If the house or apartment needs general repairs, the tenant can ask the landlord to do these repairs. The tenant can rent the house or shop to another person; Unless otherwise agreed in the contract.
- In the shop and place of business; In the lease agreement of the shop and the place of business, the tenant should only be employed in the job specified in the lease agreement. Therefore, in case of job change without the lessor's permission, the lessor has the right to terminate the lease agreement and vacate the leased property. In this type of lease, the lessor usually leases his shop by taking goodwill. At the time of eviction, the tenant has the right to ask the landlord to return his lock. The lock will be calculated at the daily rate and paid to the tenant.
Land of the landlord
- Receipt of rent on the set dates.
- The right to request eviction at the end of the contract period; In this case, it is necessary to pay attention to the lease of the business premises that were leased before 2016; Because according to the Landlord and Tenant Relations Law approved in 1356, the expiration of the term does not cause the lessor to terminate the lease contract.
- The right to visit the rented place for repairs.