On the Legal Regulation of the Contract of Commercial Lease of Residential Premises

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.