Rental agreement for a car from a private person

Vehicle rental agreement

Under a car rental agreement, the lessee pays the owner rent for the temporary use of the vehicle. If you want to conclude an agreement that does not involve the payment of money, that is, to use the car for free, you should enter into a free use agreement.

The contract must stipulate the obligations of the parties. Typically, it is the lessor's responsibility to deliver the vehicle to the lessee in good condition. And the lessee’s responsibilities include making monthly payments on time and, after the terms specified in the contract, returning the car to the owner in working condition, taking into account natural wear and tear.

You can use the standard car rental agreement form presented below.

List of necessary documents for drawing up a car rental agreement in 2019.

Passport.
Registration document (for foreign citizens).
Driver's license of the appropriate category. For foreign citizens, an international driver's license or a notarized translation of the license.
Vehicle registration certificate.
Technical passport of the vehicle.

Legal entities will additionally need

Power of attorney for the right to sign contracts.
Certificate of registration and charter of the enterprise.

There are no strict requirements for drawing up a car rental agreement. It can be written in any form by hand or printed on a printer. The main condition is the presence of passport data of all participants in the transaction and signatures of the parties. Despite the fact that the presence of many clauses is not necessary, it is still better to write them down in the contract.

Mandatory terms of the agreement:

Availability of passport data (addresses and details);
Availability of signatures in the contract;
Detailed characteristics of the car (make, model, color, state registration number, identification number, body number, chassis number);
If during inspection of the vehicle any defects are identified, they must be recorded in the contract.

Additional terms of the agreement:

Rental period . There are no restrictions on the term of the Vehicle Rental Agreement. Therefore, if the terms are not specified in the agreement, the agreement is considered unlimited and will be valid until the tenant or the landlord wants to terminate it.
Rent . The contract must specify the form, procedure and timing of making contractual payments. In case of violation of payment terms, it is worth prescribing compensation for losses to the tenant.
Provision of a vehicle and its return . This clause of the contract specifies the technical condition of the transferred vehicle. It is also worth writing down a list of things to be transferred (keys, car documents, first aid kit, fire extinguisher, etc.).
Insurance . If this clause is not specified in the contract, then the costs are borne by the tenant.

If you still have questions about how to correctly fill out a car rental agreement, you can familiarize yourself with the completed sample.

Sample car rental agreement (Doc)

Sample car rental agreement (PDF)

Vehicle rental agreement

Good afternoon, dear reader.

The most popular way to transfer the right to drive a vehicle in 2019 is a power of attorney.

Since 2012, a power of attorney does not need to be presented to traffic police officers, so cars are often transferred simply on the basis of a verbal agreement. Such schemes have disadvantages, which will be discussed today.

In addition, you will learn how to fill out a car rental agreement between individuals, receive a form and a sample of this document:

I note that the purpose of drawing up a lease agreement within the framework of this article is to minimize the possible risks of the car owner when transferring the vehicle.

In practice, a lease agreement can also be used to make a profit, i.e. for renting out a car to strangers. In this case, I advise adding additional clauses to the contract. For example, about interim measures (about the amount of security deposit for a car).

Why do you need a car rental agreement?

In practice, a power of attorney is usually used to transfer a car to another driver. This method is well known among drivers and has become widespread.

The power of attorney is issued by the owner of the car and signed only by him. After the power of attorney is issued, both the owner and the authorized person can use the car.

In this regard, in practice, the car owner may experience the following problems:

Fines recorded by cameras operating in automatic mode are addressed to the owner and it is he who must pay them. It is possible to “rewrite” fines to a trusted person, but to do this, the trusted person must contact the traffic police and report that he was driving at the time of the violation. Often, a trusted person refuses to contact the traffic police for one reason or another. If fines accumulate for more than 10,000 rubles, the car owner’s rights may be suspended for debts.
If a trusted person flees the scene of an accident, then deprivation of rights may be imposed on the owner of the car . The cost of repairing someone else's car will also be collected from the owner. Naturally, in practice there is a possibility that the owner of the car will be able to prove that he was not driving at the time of the accident. However, this will require a significant investment of time, and you will have to fray your nerves. Especially if there is no clear evidence (alibi).
If a trusted person gets behind the wheel while intoxicated or without a driver's license, the owner of the car may be punished for transferring control to a person intoxicated or to a person who does not have the right to drive. The fines in each case are quite large - 30,000 rubles. Plus deprivation of rights for a period of one and a half to two years in the case of a drunk driver. In this case, you can try to prove the innocence of the car owner, but you will have to work hard.
Current repairs of the car are carried out at the expense of its owner. A trusted person, for example, can drive a car for several tens of thousands of kilometers. During this time, suspension parts will fail and the engine will require maintenance.

In general, a power of attorney has many disadvantages. If we summarize the above, we can say that you should not trust a car to an unverified person .

For example, you can safely write out a power of attorney in the name of your spouse. The family has a common budget, so in any case, possible troubles will have to be financed at the same expense.

On the other hand, if you give the car to a friend who needs to “drive to the village for potatoes” one time, then it is better to conclude a rental agreement. Even if the trip only takes a few hours.

It is better to spend 20 minutes drawing up a lease agreement than to subsequently try to prove your own innocence by repeatedly contacting the traffic police and the court.

Drawing up a car rental agreement

You can draw up a car rental agreement between individuals in simple written form. Below you will find a form and sample agreement, but if you wish, you can write the agreement yourself. At the same time, you can cross out unnecessary items, as well as add additional information at your own request.

It is important to include the following information in the contract:

1. Cost of the vehicle . The amount can be chosen by agreement of the parties. It is necessary in case the tenant breaks it while using the car or the car is stolen due to negligence.

2. The period for which the car is transferred . During this period, the lessee will be responsible for the car.

3. Rental cost , as well as payment procedure.

This article is about a lease agreement as an alternative to a power of attorney, so you can specify “0 (zero rubles)” as the rental cost.

4. The lessee's obligations to bear all expenses related to the car. In this case, we are talking about payment of fines, damages in case of accidents, and repairs of the vehicle during the rental period. All this must be done at the expense of the Tenant.

The agreement, unlike a power of attorney, is signed by both parties to the transaction. In addition, an act of transferring the car for rent is drawn up, also signed by the parties.

The conditions listed above will allow the car owner to avoid negative consequences.

For example, if the owner receives a fine, he will be able to contact the traffic police with his copy of the contract and the acceptance certificate and prove that he did not use the car at the specified time and could not use it.

The same applies to other unpleasant situations described at the beginning of the article.

Car rental agreement form

PDF file contains 4 pages:

1-2. Text of the lease agreement.

3. Certificate of acceptance and transfer of the car from the Lessor to the Lessee.

4. Certificate of acceptance and delivery of the car, confirming the return of the car to the Lessor.

Sample vehicle rental agreement

To make filling out the lease agreement easier, I suggest using the following sample:

Filling out a car rental agreement

1. First of all, you should conclude the lease agreement itself. It must be filled out and printed on one A4 sheet on both sides. The agreement is drawn up in two copies, one for each of the parties to the transaction.

2. The transfer of the car for rent should be recorded using the transfer and acceptance certificate (page 3). In paragraph 2 of the act, you need to describe all the shortcomings that the car has at the time of its rental. The seller will need this list of faults later when returning the car.

3. The return of the car is recorded using another acceptance certificate (page 4). This act includes the defects that the car has after the end of the lease period. If the car has any new damage, it must be repaired at the expense of the lessee.

Let's sum it up:

To transfer a car to another driver, both a power of attorney and a rental agreement can be used.
Using a power of attorney can cause certain problems for the car owner.
Concluding a rental agreement takes a little more time, but this agreement protects the car owner from possible claims from the traffic police and owners of other cars.

Car rental agreement

Document type: Vehicle rental agreement

To save a sample of this document to your computer, follow the download link.

Document file size: 8.8 kb

A car rental agreement is concluded between its owner (lessor) and the lessee. It is worth noting the fact that the agreement can differ in two types: bareboat and crewed. In the first case, the lessor transfers exclusively the car to the lessee with the right to own it for a specified period. The recording document in this case is the vehicle acceptance certificate.

If the owner provides a car with a crew, in such a situation, in addition to the car itself, he also provides the tenant with his service for the technical operation of the vehicle and its management. It is important that in this case, the provisions regarding the renewal of a car rental agreement for an indefinite period, as well as the preemptive right of the second party, become irrelevant and do not apply to this type of agreement. When drawing up a document for renting a car with a crew, a written form of the agreement is required.

The contents of the car rental agreement determine the terms of the transaction, the amount of payment, as well as the rights and obligations of each participant. The lessee's obligations include proper operation of the car in accordance with the terms of the document, as well as timely payment of the required amount to the lessor.

Car rental agreement form

Sample car rental agreement (completed form)

Download Car rental agreement

CAR RENTAL AGREEMENT No.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lessor transfers for temporary use to the Lessee a car of the make of the year, engine No., body No., colors, license plate, registered in the traffic police of the region, owned by the Lessor on the right of private ownership.

1.2. The cost of the car is set in rubles on the basis of the appraisal report, which is an Appendix to this agreement.

2. CONDITIONS OF THE AGREEMENT

2.1. The Lessor provides the car in good condition according to the Transfer and Acceptance Certificate, which is an integral part of this agreement.

2.2. The lessee undertakes, upon expiration of the contract, to return the car in a condition corresponding to that reflected in the Transfer and Acceptance Certificate, taking into account normal wear and tear.

2.3. The lessee makes repairs to the car at his own expense.

2.4. The lessor is given the right to use the leased car for personal purposes during non-working hours, using his own fuel and lubricants (gasoline, etc.).

2.5. When using the car in accordance with clause 2.4, the parties are obliged to transfer the car to each other in good condition. When accepting and handing over the vehicle, the parties check its technical condition, discuss any existing faults and then eliminate them in accordance with Section 5 of this agreement.

3. PAYMENT PROCEDURE

3.1. The tenant agrees to pay rubles for renting a car.

4. DURATION OF THE AGREEMENT

4.1. The agreement was concluded for a period from " " year to " " year and can be extended by the parties by mutual agreement.

5. RESPONSIBILITY OF THE PARTIES

5.1. The Lessee is responsible for the safety of the rented car during working hours and in the event of loss or damage to the car during this time, he is obliged to compensate the Lessor for the damage caused, or to provide an equivalent car within 5 days after its loss or damage. In case of delay in compensation for damage or provision of an equivalent car within the specified period, the Lessee shall pay a penalty in the amount of % of the cost of damage or the estimated value of the car.

5.2. The Lessor is responsible for the safety of the vehicle during non-working hours. If the rented car is damaged or lost when used in accordance with clause 2.3 of this agreement, the Lessor is obliged to repair the damage at its own expense or compensate the Lessee for the loss caused. The amount of compensation is determined by agreement of the parties.

6. OTHER CONDITIONS

6.1. The agreement may be terminated early or amended by agreement of the parties.

6.2. By agreement of the parties, the rented car is valued at rubles. This assessment is taken into account when compensating for damage.

6.3. In all other respects that are not regulated by this agreement, the parties are guided by the current legislation of the Russian Federation.

6.4. The agreement is drawn up in two copies having equal legal force.

Car rental agreement

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CAR RENTAL AGREEMENT

1. THE SUBJECT OF THE AGREEMENT

1.1. The Lessor transfers for temporary use to the Lessee of the make of the year, engine No., body No., colors, license plate, registered in the traffic police of the region, owned by the Lessor on the right of private ownership

1.2. The cost of the car is set in rubles on the basis of the appraisal report, which is an Appendix to this agreement.

2. CONDITIONS OF THE AGREEMENT

2.1. The Lessor provides the car in good condition according to the Transfer and Acceptance Certificate, which is an integral part of this agreement.

2.2. The lessee undertakes, upon expiration of the contract, to return the car in a condition corresponding to that reflected in the Transfer and Acceptance Certificate , taking into account normal wear and tear.

2.3. The lessee makes repairs to the car at his own expense.

2.4. The lessor is given the right to use the leased car for personal purposes during non-working hours, using his own fuel and lubricants (gasoline, etc.).

2.5. When using the car in accordance with clause 2.4, the parties are obliged to transfer the car to each other in good condition. When accepting and handing over the vehicle, the parties check its technical condition, discuss any existing faults and then eliminate them in accordance with Section 5 of this agreement.

3. PAYMENT PROCEDURE

3.1. The tenant agrees to pay rubles for renting a car .

4. DURATION OF THE AGREEMENT

4.1. The agreement was concluded for the period from "" 2019 to "" 2019 and can be extended by the parties by mutual agreement.

5. RESPONSIBILITY OF THE PARTIES

6. OTHER CONDITIONS

6.1. The agreement may be terminated early or amended by agreement of the parties.

6.2. By agreement of the parties, the rented car is valued at rubles. This assessment is taken into account when compensating for damage.

6.3. In all other respects that are not regulated by this agreement, the parties are guided by the current legislation of the Russian Federation.

6.4. The agreement is drawn up in two copies having equal legal force.

Sample car rental agreement between a legal entity and an individual

Car rental has now become a fairly common way to use transport without purchasing it. Legal entities also resort to it, renting a vehicle from individuals under a contract. It is important to include in the agreement all the necessary points related to the operation of the vehicle.

There are two types of such contracts: with a crew and without a crew. In the first case, you need to carefully consider the wording of the terms of the document. This must be a car driving service. Otherwise, the relationship will be considered as an employment relationship between you and the organization hiring the vehicle with the driver.

Car rental agreement between a legal entity and an individual : download the form and sample (the agreement includes an acceptance certificate)

Car rental agreement between an organization and an individual with crew : download form and sample

Laws governing rental relations

All issues related to car rental by a legal entity are discussed in paragraph 3 of Chapter 34 of the Civil Code. It outlines the obligations of the parties, forms of agreements, etc. in cases of hiring transport with or without a crew.

The most common situation is renting a car from an individual along with transportation services (crew). Then the lessor is obliged to ensure that a driver with appropriate qualifications is selected to drive the rented vehicle. In this case, the lessor is responsible for ensuring that the driver has all the necessary documents, sufficient skills and proper physical condition (Article 632 of the Civil Code).

All costs that the parties will bear during the operation of the car can be specified in the contract. The lessor is obliged to ensure that the equipment is in good working order, and his employee carrying out the transportation is obliged to obey the orders of the lessor.

In the case of renting a car without a crew (Article 642 of the Civil Code), it is transferred to the use of the lessee without the use of vehicle driving services. Additionally, the tenant undertakes to resolve issues related to:

refueling;
current repairs;
storage.

In fact, he becomes the owner of the car before the expiration of the contract.

Rules for filling out the contract

The contract must be drawn up in writing, indicating all essential conditions:

an accurate description of the subject of the agreement;
parameters for using the vehicle that were agreed upon by both parties;
the amount of rent and the procedure for its payment;
contract time.

It is extremely important to clarify which party will ensure the maintenance of the car, as well as carry out major repairs if necessary. Most often, current repairs are carried out at the expense of the lessee, and major repairs are carried out by the owner of the car. Upon expiration of the contract, the lessee is obliged to return the vehicle in good condition, taking into account the degree of wear and tear.

Filling out a car rental agreement between a legal entity and an individual step by step

This type of agreement is considered quite complex due to the fact that a fairly large number of circumstances and conditions must be taken into account. If you write down all the points as accurately as possible, then if problems arise on either side, they can be resolved in accordance with the points specified in the contract. It is recommended that you draw up the document carefully.

The form of the car rental agreement does not have a legislative basis and is only advisory in nature. It is important to have only a few mandatory conditions that are contained in similar agreements.

The contract must indicate the date, place of drawing up and details of the parties. The legal entity states its full name, director and the basis for its actions on behalf of the organization - on the part of the tenant. The individual indicates the last name, first name and patronymic - on the part of the lessor. A citizen can indicate his passport details and registration address in the preamble.
The main point of a vehicle rental agreement is its subject – a car. Here you should specify the technical and other characteristics of the machine as accurately as possible:

brand, model;
state number;
VIN number;
year of issue;
engine power;
other information supported by the vehicle passport.

PTS details should also be specified in the contract (its series, number, by whom and when issued). If additional equipment is available, please include it in the description.

A separate paragraph indicates that the vehicle belongs to an individual on the basis of ownership and a reference is made to a document confirming it.
The assessment of the value of the subject of the contract also plays a role. The parties have the right to independently agree on it. In case of loss of property, the lessor may claim the amount of damage caused to him in the specified amount.
The agreement specifies the purposes for using the car.
The rights and obligations of the lessor are determined. Responsibilities may include:

provide vehicles within the framework of the concluded agreement;
carry out repairs as necessary (the parties can agree on the scope of repair work to be carried out at one or another expense).

The rights and obligations of the tenant are established. At the same time, he can use the car for the purpose established in the contract. It is permissible to stipulate the moment of sublease of the vehicle.

The tenant is obliged:

bear the costs that arise in connection with the operation of the car;
pay lease payments within the period established in the agreement;
upon expiration of the contract, return the car in good condition.

It is advisable to determine the composition of the costs that will be paid by the tenant and the landlord.

The essential point is the amount of rent and the procedure for settlements between the parties. Here you should indicate the frequency of payment, set the date no later than which it must be credited to the lessor, and the payment method: cash or non-cash.
Contract expiration date.
The document is completed with the details of both parties and signatures.

An integral part of the car rental agreement is the acceptance certificate. Moreover, it is drawn up when the property is transferred from the lessor to the lessee. After the expiration of the agreement, the car is also transferred back according to the act.

Peculiarities

When drawing up a rental agreement for a car with a crew, it is important to take into account the point that the rental relationship is not recognized as an employment relationship. The risk of such a metamorphosis increases when the text of the agreement contains incorrect wording containing labor terminology. Therefore, it is recommended to avoid words that can be regarded as a relationship between employer and employee, for example, “salary”, “tariff scale”, “position”, etc.

The lessor provides the lessee with the technical operation and management of the vehicle. But she is in no way in an employment relationship with him.

The second nuance is related to the payment of personal income tax to the budget on the income received by an individual from renting out a car. An individual entrepreneur acting as a lessor calculates and pays taxes independently.

If a legal entity rents a vehicle from a citizen who is not an individual entrepreneur, then it pays personal income tax on its own, as a tax agent. This must be stated in the text of the agreement, since the lessor will receive payment minus tax.