Email this article 
On the Legal Regulation of the Contract of Commercial Lease of Residential Premises
- Authors: Rybina N.M.1
-
Affiliations:
- Russian State University of Justice named after V. M. Lebedev
- Issue: No 7 (2025)
- Pages: 77-83
- Section: Private law (civil law) studies
- URL: https://medbiosci.ru/2072-909X/article/view/364381
- DOI: https://doi.org/10.37399/issn2072-909X.2025.7.77-83
- ID: 364381
Cite item
Open Access
Access granted
Abstract
One of the most common ways to satisfy the need for housing is the use of residential premises on the basis of contracts mediating the paid use of property. At the same time, the current legislation provides for a special type of contract – a residential lease agreement, which is aimed at regulating relations arising from the temporary use of residential premises. At the same time, questions arise in the doctrine and law enforcement practice regarding the distinction between a residential lease agreement and a rental agreement.
The purpose of this article is to identify the features of a residential lease agreement that allow it to be distinguished from a rental agreement. Achieving the goal is conditioned by setting the following tasks: to determine the features of a commercial lease agreement for residential premises, to identify the relationship between a lease agreement and a rental agreement, to determine the possibility of subsidiary application of the rules on rent to relations on the rental of residential premises.
The article was prepared using general scientific methods (systemic, logical) and special legal methods (comparative-legal, formal-legal). The authors come to the conclusion that it is necessary to distinguish between a lease agreement and a commercial lease agreement for residential premises, despite their similar legal nature, they have a number of fundamental differences. A commercial lease agreement for residential premises is distinguished in connection with a special object – residential premises, as well as the content, which involves granting a greater volume of rights to the tenant, which are due to the special significance of residential premises for a person. It is concluded that the application of the rules on the lease agreement as general to relations arising from the commercial lease agreement is unacceptable, however, by analogy of the law, individual rules on lease may be applied if this does not contradict the essence of the lease agreement.
Full Text
About the authors
Natalia M. Rybina
Russian State University of Justice named after V. M. Lebedev
Author for correspondence.
Email: rybinanm@rsuj.ru
ORCID iD: 0000-0002-9815-2197
Candidate of Science (Law), Senior Lecturer at the Civil Law Department, Dean of the Faculty of Advanced Training and Retraining of Judges, Government Civil Servants of Courts of General Jurisdiction and the Judicial Department.
Russian Federation, MoscowReferences
- Suslova, S. I. Commercial renting living accommodation that are in public ownership. Zakon = Law. 2023;(3):69-77. (In Russ.)
- Mandryka, E. V., Mandryka, N. N. Legal regulation of a residential premises rent agreement as a type of a civil agreement and its variations. Semejnoe i zhilishchnoe pravo = Family and Housing Law. 2022;(5):31-34. (In Russ.)
- Braginsky, M. I., Vitryansky, V. V. Contractual law. In 5 b. B. 1: General provisions. 3rd ed., stereotype. Moscow: Statut; 2001. 847 p. (In Russ.)
- Romanets, Yu. V. The system of contracts in the civil law of Russia. Monograph. Moscow: Norma; Infra-M; 2013. 496 p. (In Russ.)
- Kulakov, V. V. Obligation and complications of its structure in Russian civil law. Monograph. Moscow: Russian Academy of Justice; Wolters Kluwer; 2010. 188 p. (In Russ.)
- Gordon, M. V. The system of contracts in Soviet civil law. Uchenye zapiski Har’kovskogo yuridicheskogo instituta = Scientific Notes of the Kharkov Law Institute. 1954;(5):65-87. (In Russ.)
- Novitsky, I. B., Lunts, L. A. The general doctrine of obligation. Moscow: State Publishing House of Legal Literature; 1950. 416 p. (In Russ.)
- Braginsky, M. I., Vitryansky, V. V. Contractual law. In 5 b. B. 2: Contracts about the transfer of property. 4th ed., stereotype. Moscow: Statut; 2002. 795 p. (In Russ.)
- Tsormatova, F. V. Eviction of citizens from residential premises occupied under a social rental agreement. Cand. Sci. (Law) Dissertation. Moscow; 2015. 208 p. (In Russ.)
- Gromov, A. A. The legal status of the tenant and the lessee of the residential premises: comparative analysis. Zakon = Law. 2023;(3):57-68. (In Russ.)
- Suslova, S. I. On the provision of state and municipal housing under a commercial rent agreement: problem setting. Grazhdanskoe pravo = Civil Law. 2022;(6):19-22. (In Russ.)
- Formakidov, D. A. The contract of renting dwelling premises as a separate type of civil contracts. Russian Law Journal. 2017;(4):123-129. (In Russ.)
- Kirpichev, A. E. Entrepreneurial obligations (business-to-business contracts) and state regulation of economy. Zhurnal predprinimatel’skogo i korporativnogo prava = Journal of Entrepreneurship and Corporate Law. 2018;(4):26-30. (In Russ.)
Supplementary files
