ACTUAL ISSUES IN THE CONSULTANT MOBILE APPENDIX ON THE RENTAL OF THE APARTMENT, BUT THE QUESTION ON THE CORRECTNESS OF DRAFTING THE DEBT RECORD
The Consultant mobile app is gaining momentum. There are many legal and accounting questions every day. Consider the issue of providing legal assistance. The client asked a question: “The lease of the apartment, which specifies how much to pay me rent and utilities per month.
I paid for the rent of the apartment to the owner on the bank card, did not take any receipts, now the Lessor wants me to pay the rent in cash. Accordingly, now I will need to take each time a receipt stating all the contact details of me – the Tenant, and the Landlord, passport details, received funds in the amount (to indicate) for renting the apartment at the address of the Tenant, date, signature. The question is – is the receipt correctly prepared? “.
According to the current legislation, namely Article 1046 of the Civil Code of Ukraine “Under the loan agreement, one party (the lender) transfers to the other party (the borrower) the money or other things defined by generic characteristics, and the borrower undertakes to return the same amount of money to the lender. funds (loan amount) or the same amount of things of the same kind and of the same quality. The loan agreement is concluded from the moment of transfer of money or other things defined by generic characteristics. ”
Also, in accordance with Article 1047 (2) of the Civil Code of Ukraine, a confirmation of the loan agreement and its terms can be submitted to the borrower or other document certifying the transfer by the lender of a certain amount of money or a certain number of things.
This indicates that the written form of the loan agreement in the form of a debt receipt, given its real nature, is proof not only of the fact of the conclusion of the contract, but also of the fact of transferring the sum of money to the borrower.
Thus, the debt receipt is legally confirmed and is proof. However, a prerequisite is to provide your contact information and passport information.
Also, three consultants from the Mobile Consultant app, who downloaded it from the App Store or Google Play, answered the question and completed the simple registration process and can now earn money by consulting online.
Consultant # 1 – “The Central Committee of Ukraine understands under the receipt – Loan Agreement. With respect to your case, the Central Committee of Ukraine does not contain the definition of the receipt and the prescribed form of its writing. That is, you can put it in any form, but with the passport information, surname, first name, patronymic, address of registration. Yes, you can make receipts in the form you specify. “
Consultant # 2 – “The law does not provide specific requirements for the receipt, the main thing is that it is yours, and it indicated who you gave the money for and for what. You can also add that the landlord has no claim against you. This is necessary in the event that there is a dispute about the integrity of things found in the apartment and payment for utilities. “
Consultant # 3 – “You need to sign an additional agreement to the lease agreement, which will specify the item about the payment, make changes in it and indicate that the rent payment will be in cash. The Supplemental Agreement will be effective until the end of the main lease, or the second option, to terminate this lease and then sign a new one as amended. ”
Thus, the consultants provided legal advice on the above issue in accordance with the rules of the current legislation of Ukraine. To further resolve his own issue, the Client may contact any Consultant personally for further cooperation.