What documents are needed to rent an apartment. Renting an apartment: all the nuances and paperwork

Before answering the question “How to rent an apartment officially”, we suggest that you first answer another one.

Why should I rent an apartment officially?

We will not appeal to your conscience and tell you that breaking the law is not good. Instead, let's outline the main risks faced by a person who illegally rents out his property:

1. Scam. If you rent housing illegally, you may be faced with the fact that in your apartment there will be completely different people to whom you originally rented the apartment. Or worse, you may even lose your home;
2. Unexpected expenses. If you do not determine in advance the procedure for paying all expenses (utility payments, telephone, etc.), then it will not be easy, for example, to get money from the employer to pay for his telephone conversations with relatives from a distant but native city;
3. Damage to property. How can you later prove without a contract that before the tenant appeared in the apartment there was a different TV, there were not 4, but 5 shades on the chandelier, and there were no stains on the carpet?
4. Problems with law. The current legislation does not provide for liability for “renting an apartment without a contract”, however, there are rules providing for liability for failure to submit a tax return ( Art. 119 Tax Code of the Russian Federation) and tax evasion. Moreover, we draw your attention to the fact that for non-payment of taxes it is provided as a fine ( Art. 119 Tax Code of the Russian Federation), and criminal liability ( Art. 198 of the Criminal Code of the Russian Federation).

We hope that now you are inclined to rent apartments legally.

But before you start offering your apartment to your friends or posting ads on the Internet, we advise you to familiarize yourself with some regulatory documents and make certain calculations.

Analysis of income, expenses and taxes

Income

Everyone wants to earn income from their activities, rent is no exception. In order to determine potential income, you can see similar rental offers: apartments in your area in approximately the same condition, for example, using our .

taxes

So, the amount of income is approximately clear, now let's decide on expenses: , and property (if you see fit), and of course, . As for taxes, to get a complete picture, we can invite you to read articles on this topic on our portal. Here we simply note that when renting an apartment, there is multiple tax options, so it is quite possible to choose the best option for yourself:

1. The individual paying;
2. Individual entrepreneur on the general taxation regime (payment of personal income tax);
3. - ch. 26.2 of the Tax Code of the Russian Federation;
4. Sole proprietor using - ch. 26.5 of the Tax Code of the Russian Federation.

For simplicity and clarity, you can use the prepared by us by entering the relevant data for you.

As you can see, in terms of taxation, a greater choice is given to individual entrepreneurs. More detailed information about the features of renting an apartment for individuals and individual entrepreneurs you can find in our article .

Relations with tax authorities

Upon receipt of payment under a lease/lease agreement, you have an obligation to pay tax. It is necessary not only to pay the amount itself, but also to provide it to the tax authorities the documents confirming that this amount is calculated correctly.

Tax return forms are approved Ministry of Finance of the Russian Federation. Also, the tax authorities may require you to provide the contract itself and documents confirming receipt of payment.

Neither an individual, nor, in some cases, even an individual entrepreneur are required to maintain “full-fledged” accounting records like legal entities. But there are still accounting requirements. For example, individual entrepreneurs applying the Simplified Taxation System are required to keep a book of income and expenses ( 346.24 of the Tax Code of the Russian Federation). In any case, the fact of receipt of payment must be recorded by a receipt or bank account statement if payment is made by bank transfer.

So that this is not a problem, you can always use our services:

• for individuals and

Not only harm, but also benefit

By renting real estate legally and paying taxes on it, you not only bear the cost of the taxes themselves, but also ... you get the opportunity to get out of a completely different risk zone that arises from “black rent”, when you conflict situation you can not go to the police, the court. Appeal to laws and their violation.

When renting legally, you are not afraid of threats from the tenant that he will report to the Federal Tax Service that the responsibility for the fact that 40 illegal immigrants live in the apartment will be assigned to you, and not to the responsible tenant, that in case of damage to your property or property your neighbors, you will be able to resolve this issue through the courts, etc.

In addition to indirect situations, there are also direct benefits from the formalization of rental relations. So, for example, in certain situations you can apply for or tax relief on real estate used in commercial activities.

other expenses

Now that we have dealt with taxes, these are not the only costs. Which is worth evaluating, direct swarming about renting out real estate. When you decide to rent out real estate, you become an entrepreneur, and therefore you need to treat it like a business.

You need to minimize the risks of damage to the condition of the apartment, property, as well as possible damage to third parties. You can manage this risk either by contacting an insurance company (only when purchasing an insurance policy, make sure that the apartment being rented falls under the insured event) or by independently creating a reserve for unforeseen events. You can read more about this in a separate article.

And also, when renting out your property, you should keep in mind that tenants, living in an apartment, subject it to natural wear and tear and, no matter how neat and decent they are, and after several years of renting out real estate, the apartment will need cosmetic repairs. Whether or not to create a reserve for these purposes is up to you, but keep in mind that such a need will arise, in any case, it is necessary.

Lease agreement

We hope that as a result of the calculations made above, you are in profit and we can move on to the next paragraph. Decide what and with whom you need to agree on in order to get the right to rent out housing. We discussed this topic in articles and . But so as not to burden you with a lot of links, below is a table that clearly demonstrates which consent is required in which case.

More about the contract

Which contract to choose?

You have determined whose consent is needed and probably already know how to get it. Now it's time to move on, perhaps, to the most important part of the lease - the contract.

Of course, you will coordinate and sign the contract itself with the tenant / tenant. But it will be useful to determine in advance which contract will need to be concluded.

Summary

In order to legally rent out housing, no doubt, it will be necessary to study some norms of the legislation, in particular, the Civil and Tax Code. Perhaps look for answers to your questions in specialized forums.

But on the other hand, the legislation is written in order to protect our legitimate rights and interests, and by applying it correctly, you can benefit for yourself and reduce risks.

In this article, we tried to tell you how to properly rent an apartment from the decision to do it until the moment you pay taxes. Unfortunately, it is impossible to describe all the nuances of all particular cases of rent in one article, the amount of information is too significant. But more detailed information can be obtained on the relevant sections of our portal.

The procedure for drawing up a lease agreement is as follows:

The process can take place both in the presence of an intermediary, for example, a real estate agent, and without him. Check-in takes place within the specified period after the correct filling and verification of all documents.

What paperwork is needed to rent a house?

• Certificate of ownership.
• Proof of sale, gift or inheritance.
• Certificate of the list of persons registered in the premises (taken from the housing maintenance office).
• , notarized.
• The passport.

Attention! If at least one of the above documents is not available, the tenant may face problems.

Possible problems

1. One of the registered tenants can come with the police and evict the tenant.
2. If there is no passport at the signing of the contract, then there is a danger that an outsider who has the keys to the housing pretends to be the owner.

The tenant provides an identity card - his own and other persons who will live in the apartment.

What is to be signed?

• . Mandatory items: due date, residential address, monthly fee. If the contract is concluded for a period of 1 year or more, it must be registered with Rosreestr.
• (read more about the property inventory act). The form includes a list of all pieces of furniture and household appliances and notes on their condition.
• residential premises (how to properly draw up an act of acceptance of an apartment for rent, read).
• if payment is made in cash, if the money is credited to a bank account, then a receipt is not needed.

A receipt is an important argument in possible disputes, confirming the transfer of payment for a dwelling.

To conclude a lease agreement, no one has the right to require the provision of copies of documents.

The inventory of property protects the tenant from theft and damage to property, because the deposit cannot include the value of all items. Legal rental of an apartment with the correct execution of all documents is not only an additional income, but also protection from possible problems.

Do you own a vacant apartment in which no one lives? Is it idle, and you spend a lot of money, time and effort on its maintenance? It's time to stop this and make real estate a source of income! How to officially rent an apartment and what is needed for this? You will find answers to these questions in this article!

Consider the benefits of legal renting an apartment

1. The conclusion of the contract. This will help you avoid many unexpected expenses and may even save you from big problems. We all know that employers are different. Some are very clean, honest and tidy. Others are careless and irresponsible, and there are even scammers. It is the last category of people that can give you a lot of problems. Therefore, look closely at the personality of the employer. There are cases when tenants take property and equipment out of the apartment, spoil repairs and furniture. To prevent this from happening, it is necessary to conclude an apartment lease agreement between individuals. It is necessary to attach a detailed inventory of the property that is located in it at the time of delivery of the apartment, describe the shortcomings that exist. It is also important to indicate in it who will be responsible in case of equipment breakdown, damage to repairs, and so on. It is important to indicate in this document employer's passport details

2. No additional costs. Who pays utility bills? Phone bills? Internet? Did you write it down in the contract? If not, then you will have to deal with your employers after the fact. Note that not all of them are ready to pay these costs, if you have not discussed this in advance. Your tenants may have budgeted for the amount you agreed upon and deducted it from their wages. And when a kilometer bill for a telephone or a communal apartment comes, they will refuse to pay, or they will not have money, because they plan all expenses in advance. And you will be left with nothing.

3. The impossibility of a scam. You rented an apartment to a student girl, and 15 workers live there? If you decide to rent an apartment officially, then this situation does not threaten you. Otherwise everything is possible!

4. You are clean before the law. What could be better? Russian law states that if you want to rent out an apartment, you must pay tax on income from renting an apartment. If you want to avoid paying, then you face a fine, and in some cases even criminal liability! Don't bring it up. Rent an apartment legally!

Understood the benefits. It's time to move on to the step-by-step instructions.

Step 1: Preparing the Room

First you need to assess the degree of readiness of the premises for delivery:

• Check all the equipment that is available. Perhaps something is not working and needs to be replaced. So that later there were no showdowns with employers.
• It is also worth assessing whether there is enough furniture in the house, and in what condition it is. You may need to buy something. Since the more the apartment is equipped, the more expensive it can be rented out, which means that the income from renting out the apartment will be higher.
• If the apartment has not been renovated for a long time - do it. It is not necessary to buy expensive materials. The main thing is that they are reliable. Pay attention to wiring and plumbing! Protect yourself and future residents. Situations are different, no one is immune from wiring short circuit and pipe break. But you can make a little effort and minimize the risks. Think about the consequences. It is unlikely that anyone will want to rent an apartment in which there was a fire or a flood. So, you will lose income from renting an apartment. As well as the money that you invest in repairs. Because it is not a fact that the employer will want to compensate you for the damage. Be sure to include in the apartment rental agreement between individuals a clause dedicated to such circumstances, and write down the responsible persons!
• Take all your valuables. Tidy up your apartment to make it look clean and comfortable. Now there is a great demand for cozy apartments.
• Prepare everything Required documents, and also eliminate utility debts, if you have any.

Step 2: study the real estate market

The apartment is ready to receive new tenants. But what price to put? The task is not easy for those who do not know what to rely on. But we will advise you!

So, everything is very simple. You need to open several sites where people post ads that they want to rent an apartment for a long time. Next, find apartments located in the area in which you rent out the premises. Find options similar in repair, interior decoration and filling. And focusing on the prices set by other owners, set your own.

Step 3: find an employer

There are two options:

• You can rent an apartment without intermediaries. In this case, you will have to deal independent search tenant, answer all calls about the arena of the apartment, and there are usually a lot of them.
• The second option is to rent an apartment through a real estate agency. In most cases, agents will not charge you for this service. Nowadays, the commission to intermediaries for finding housing is usually paid by the employer. What is good about renting apartments through intermediaries? The advantages of this method are that you save your time on finding customers and talking to them. Minus one, but significant. It will take a long time to wait, because not all potential tenants are willing to pay a considerable commission, as a rule, to realtors. If you still decide to rent an apartment without intermediaries, then place an ad in the newspaper about renting an apartment, on your page in social network, on popular Internet sites. Be sure to include high-quality photographs of the premises. In the ad, indicate that you want to rent an apartment for a long time. And wait for calls.

Step 4: showing the apartment to potential tenants. Discussion of all the nuances

After you find potential tenants, you will need to meet with them so that they look at the apartment and understand whether it suits them or not. And also you should evaluate future landlords and understand whether you want to rent an apartment to these people, or it is better to look for others.

If everything suits you and future employers, then it's time to discuss all the living conditions. Amount and date of payment. The procedure for paying for utilities, the Internet, communication services and others, if necessary.

If you definitely decided to rent an apartment to these people, then it's time to move on to concluding an agreement.

Step 5: conclusion of the contract

It is very important to correctly conclude a contract of employment and prescribe all the nuances. The contract is your "airbag". Because it spells out your rights, the responsibility of the tenant. That is, if something happens to your property, you do not have to spend personal savings to restore the original furnishings of the apartment. Because it is the employer who will compensate for the damage and bear all the costs if the damage happened through his fault.

What points are important to write in the contract?

1. Surname, name and patronymic of the employer.

2. Address of his registration and all passport details.

3. Who can live together with the tenant in this apartment.

4. Can the tenant re-let the apartment to someone else (sublease).

5. Who is responsible for damage to property.

6. In which court to resolve disputes.

7. Be sure to carefully fill in the address of the object to be hired. It is better to write it off from the certificate of registration of the right.

8. Your passport data, registration address.

9. Number of the certificate of state registration of rights.

10. Also include contact numbers so that there can be instant communication between you and the tenant. Because situations are different.

11. An act of inventory of the apartment and the property located in it must be attached to the contract. List downsides, if any.

12. It is also important to determine how often you can check the condition of the apartment (usually no more than 1 time per month).

13. It is important to foresee on what grounds a contract can be terminated or extended.

Attention! Before filling out, carefully study the tenant's passport. What you should pay attention to?

Validity. You can enter into an agreement with a person whose passport is invalid, and then it will be difficult to prove anything.

If you doubt the decency of a citizen and want to make sure that there are no problems with the passport, you need to go to the website of the Office of the Federal Migration Service and check the document for authenticity. Anyone with internet access can do this. Is free!

You can also check the tenant on the website of the bailiffs for debts. It's completely legal and free.

The next step is to compare the passport photos with the face of the real employer. There are situations when people try to draw up a contract in the name of another person, taking possession of his documents. Be carefull!

If you still have doubts, you can ask the future tenant for a copy of the proof of income to make sure that he is able to bear the cost of paying for the apartment.

It is advisable to make a copy of the employer's passport. If some other people will live with him, then it is important to indicate their passport details, as well as their full name. Be sure to take a copy of their passports.

How to officially rent an apartment if it has 2 owners?

It often happens that several people own the same apartment. What to do in this case?

First, get the consent of all owners to rent. Then there are two scenarios for the development of events.

Consider the least expensive option that does not require additional costs. Act according to the algorithm above, but remember that the contract must be signed by all owners with their own hands!

For a number of reasons, for example, if one of the owners lives in another city and cannot come to conclude an agreement, you can use the 2nd option for renting an apartment. How to officially rent an apartment in this case?

Act according to the algorithm above. However, you will need an additional document, i.e. a notarized power of attorney from the owner. It will state that you can single-handedly rent an apartment and receive for it cash.

Please note that such a power of attorney is not done for free! You will have to pay. And usually a significant amount.

Is it possible to rent out an apartment with a mortgage?

Indeed, this is a fairly popular question among owners of an apartment purchased under a mortgage lending program. How to officially rent an apartment in this case? First you need to get permission from the bank for such actions. If it is received, then proceed according to the algorithm. There will be no difficulties in this case.

However, there are situations when borrowers hide the fact of renting an apartment that is in a mortgage. What threatens them?

First, a fine from the state for non-payment of taxes. Secondly, bank sanctions. He may demand early payment of the loan. Or write you a fine.

Taxes paid by the owner of a rented apartment

In the Russian Federation, the property rental tax is equal to the personal income tax and amounts to 13%. If the lease period does not exceed 11 months, then the individual does not pay the state fee.

What if you own several apartments for rent?

In this case, you should register as an individual entrepreneur. In this case, the tax rate will be different. You can choose the taxation system that you like best. Namely:

• Simplified system. In this scenario, the tax will be 6%.
• General system. In this case, the amount of tax will be calculated as follows: 15% x Income from renting an apartment - Expenses.

What documents are needed to rent an apartment?

1. Passport of the owner / owners of the premises.

2. Certificate of state registration of rights.

3. Two printed contracts.

4. If your choice is to rent an apartment through an intermediary, then you need a contract if you signed it with him.

How do I collect money from tenants?

• The easiest way is cash payment and transfer of money to your hands. But it's not the most reliable. Because you can make a mistake when recalculating money. Sometimes counterfeit money is in circulation. In addition, with such a transfer, it is necessary to draw up a document stating that the tenant transferred the funds to the owner, and the owner received them. Simply put, an act of acceptance and transfer of money or a receipt. Therefore, it is better to automate this process.
• Bank transfer. Arrange with tenants to transfer the rent money to your account on a certain date. It is very comfortable. You can always take a bank statement and resolve controversial issues about finances, if any. In addition, you will reduce the errors that can occur with cash.

Helpful Hints:

• Insure the apartment and property in it before delivery! This does not require large investments, but it can save you a lot of trouble and additional costs in the future. Currently, there are many companies on the market that are engaged in this type of activity. If you wish, you can even insure civil liability.
• Pay close attention to the tax due date. You must do so by April 1st of the next calendar year. Otherwise, you will get in trouble with tax office, fines and penalties. This means you will incur additional costs. You need it?
• Be sure to send a copy of the agreement to the tax authority immediately after signing the document!
• And most importantly - do not violate the laws of our country!

Additional real estate in the property always means the possibility of additional income. One of the best options is the presence of a free residential apartment. In order to avoid any risks as much as possible, it is important to know how to rent or rent an apartment correctly: what you should pay attention to when choosing tenants, what restrictions there may be, how it is safer to fix an agreement from a legal point of view.

Who has the right to rent an apartment

The right to dispose of real estate at its own discretion, including providing it for temporary use to third parties, can only be the owner of this real estate. This fact must be confirmed by an appropriate document: a sales contract, a registration certificate, a cadastral passport.

It also matters who is registered in the apartment that is supposed to be rented out, and whether there are other owners. If several people have the right to own property, then either all owners must participate in the contract, or it is necessary to draw up and notarize a power of attorney to conclude transactions for one person.

If there are registered tenants in the apartment, the written consent of each will be required. And if there are minor children among those registered, the guardianship authorities must give consent. It is impossible to do without the consent of the other tenants of a communal apartment, where one or more rooms are owned, since there are common areas: a bathroom, a kitchen and a toilet. Be sure to notarize the documents, otherwise the application for registration of the lease agreement will be rejected.

Providing housing at the place of work does not confer ownership rights. These apartments are owned by the municipality, so it is illegal to rent them out. The presence of family ties with the owner of the apartment also does not give grounds for disposing of his property, if there is no properly executed power of attorney.

Where and how to look for tenants

Having made the decision to rent out the living space, it is worth deciding how long the tenants are expected to live, how much time it is planned to spend on finding tenants and how to ensure control over the use of the property. Possible options: for a long time as a permanent place of residence, for days or weeks for business travelers and tourists, for hours and days. The last 2 options can be a full-fledged business that requires a lot of investment of time and effort, but can bring a solid income.

To search for long-term clients, it makes sense to turn to relatives and friends, this can have a positive effect on the reliability of applicants. Another relatively safe way is to resort to the help of trusted real estate agencies that are interested in regular cooperation, so they try to offer the most hassle-free candidates. In addition, the realtor takes care of the paperwork, but charges a fee for his services.

You can search for tenants on your own through websites with advertisements, print media, a news ticker on TV channels and posting leaflets. If the plans daily rent, it is advisable to organize a separate page or group in social networks. Renting an apartment without intermediaries is more profitable, but more troublesome.

It is important not only to find an audience that may be interested in the offer, but also to assess how trustworthy a potential tenant is. To do this, do not be shy to ask questions about marital status, the fact of employment, the presence of bad habits and the presence of pets. It is also effective to use public information sites, such as the Federal Migration Service or the official website of federal bailiffs. Here you can find out if the passport is valid, if there are arrests and collections for debts, etc.

As a rule, the greatest preference is given to married couples, due to the expected stability, minimal risks of problems with neighbors and relative peace of mind for the safety of property.

In any case, it is reasonable to pre-insure the property intended for rent, and to support the agreement with the tenants with an officially registered contract.

What to look for when choosing a rented apartment

Rented apartments are unlikely to cease to be in demand, and yet not all of them can be easily and quickly rented out. So one-room and two-room apartments are more popular among tenants.

Others important parameters housing are:

• Location. If the apartment is initially purchased in order to receive rental income, it is necessary to take into account the proximity to bus stops, metro, shops, kindergartens. Depending on which contingent is preferable, you can focus on the location near universities, business centers or, on the contrary, in residential areas.
• Technical condition. An apartment with a fresh, albeit not expensive, renovation is more attractive. Good plumbing, plumbing and electrical work required. New windows and doors also contribute to more quick search and allow you not to underestimate the cost of rent.
• Comfort. It is advisable to provide, along with the living space, the necessary minimum of furniture and household appliances in working condition and in an acceptable appearance.
• Additional advantages are ample parking, a playground, convenient access and an elevator.

Owner risks in the absence of a valid contract

Most owners of residential real estate do not seek to officially lease their apartments, explaining this by their unwillingness to pay taxes on their profits. But, without any legal confirmation of the transaction, the owner is absolutely not protected from the unlawful actions of tenants, their irresponsibility and negligence.

The absence of a contract creates risks:

• Not receiving payment for accommodation on time.
• Incur material damage as a result of damage or theft of property (finishing, furniture, equipment) and not be able to recover compensation.
• Face scammers who rent an apartment to third parties in order to obtain personal gain through deception.
• Under the guise of one tenant, get a team of residents of neighboring countries.
• Become a victim of the illegal use of rented housing for organizing a place for the provision of intimate and other services, as a result of being an unwitting participant in proceedings with law enforcement agencies.
• Problems with neighbors due to the disrespectful attitude of tenants who neglect the rights of other residents of the house.
• Fines and other penalties provided for by Russian law for tax evasion.

Renting and hiring by law

Issues of temporary provision of real estate for the use of third parties in our country are regulated by the Civil Code. Legislatively, two concepts are distinguished: rent and hiring. The essential difference is who claims to use the premises.

If we are talking about an individual, this type of service is called “hiring”. About how to properly draw up a contract of employment, what are the requirements for the terms of registration, what rights and obligations both parties to the contract receive, and what is included in the property of temporary residents, is discussed in Ch. 35 GK. But in everyday life, in order to avoid confusion, any transfer of living space for temporary use is called a lease.

A lease agreement is drawn up directly if the tenant is a legal entity. In this case, the registration of the contract is mandatory, often the rental documents are necessary for companies to confirm the address of the organization.

In order for a document to be considered valid and have legal force, it must be correctly drawn up and registered with Rosreestr. An agreement that is simply certified by a notary does not differ from an oral agreement, and in the event of disputes in court, it will not be reliable evidence.

Rules for drawing up a contract

The procedure for transferring an apartment for temporary use

In addition to the contract itself, in accordance with the recommendations on how to properly rent an apartment to tenants, it is necessary to draw up an act of transfer. This appendix to the contract indicates all property and its condition (serviceability, appearance, market value, taking into account wear and tear) belonging to the owner of the property. The receiving party checks the list and confirms its validity with his signature.

From this moment on, the owner of the apartment has the right, in case of damage to property, or its loss, to go to court and recover the amount in the amount of the material damage caused. It does not matter for what reason this happened: negligence, negligence, theft. The act of transfer gives both the right to use the property and the responsibility for its storage.

Only after establishing all the agreements and signing the documents, you can transfer the keys to the new tenants of the apartment.

Registration of the contract in the register

But neither the act nor the contract itself has legal force if there is no registration of the document in Rosreestr. To rent an apartment legally, you need to fix the transaction in the above body. If the term of the contract is less than one year, registration is advisory in nature, and is used solely to protect oneself from unnecessary financial losses that may result from non-fulfillment of the terms of the agreements on the provision of housing for rent.

If the term of the contract is one year or more, an appeal to Rosreestr is mandatory, otherwise it will be considered tax evasion on profits.

For the official registration of an apartment, it is necessary to prepare a package of documents:

• Passport of the owner of the apartment
• Notarized consent to the provision of housing for rent by other owners of the property, as well as all persons registered in this apartment.
• Certificate of registration of ownership.
• Certificate from the Housing Office on the number of registered residents.

The registration procedure itself is simple and short, carried out in one window. You can contact both Rosreestr directly and the nearest MFC.

Tax obligations and liability

Formalizing a verbal agreement is not the only purpose of legally formalizing the relationship between the landlord and the tenant. For the provision of an apartment in temporary use, the owner receives income, which, in accordance with our legislation, must be declared, and taxes must be paid accordingly. It is for this reason that the registration of the contract is not popular among the owners of free housing.

However, according to article 119 of the Tax Code of the Russian Federation, the absence of a completed personal income tax declaration-3 and tax evasion are punishable.

Failure to submit the declaration threatens with fines ranging from 5 to 30% of the unshowed amount. And non-payment of taxes can threaten not only penalties, but also criminal liability. In accordance with 198 Art. The Criminal Code of the Russian Federation determines the penalty applicable to a specific amount of debt. The most severe punishment is up to three years in prison.

Thanks to the right not to register an apartment lease agreement, provided that it is concluded for a period of less than 1 year, many competent property owners, if conclude contracts with tenants, then for 11 months with the possibility of further extension. In such a situation, the likelihood that the Tax Inspectorate will find out and be able to prove in court the fact of receiving additional profit is minimal.

It is useful for every owner of empty apartments to know how to properly rent an apartment, excluding all possible risks and protecting yourself from problems with the tax office. First of all, lease or lease agreements drawn up in accordance with the law are needed by the parties to the agreement themselves, so as not to have claims against each other in the event of various inconvenient circumstances.

Are you planning to rent your first apartment? Congratulations on your first step towards independent living! Renting an apartment is not as easy as it may seem. There are many things to consider when negotiating a contract with your landlord. important details so that you can enjoy life in your new home calmly and without unnecessary trouble and financial loss.

Our advice will also be useful to those who have already got into trouble when renting an apartment and would like to avoid trouble in the future.

Features of the lease agreement

Tenants should especially note the following points in the contract:

term of the contract;

methods, amount and terms of payment;

conditions for payment of utility bills, electricity and telephone conversations;

an inventory of the property located in the apartment and its condition;

natural wear and tear of the interior and items in the apartment.

When the owner is alone at the premises, this is quite convenient, it is he who will sign the lease agreement, and this procedure can be performed by his authorized representative (in this case, his authority is notarized). The situation becomes more complicated if there are several owners - it is possible to rent out such an apartment only when everyone who has the right to share the property agrees to it, therefore it is simply impossible to rent out a dwelling without the consent of other owners. Ideally, the contract should be certified by the signature of each owner or his official representative (let's say that one of the owners - minor child, in which case the parent will act on his behalf). But if one of them cannot be personally present at the signing of the contract, the one who rents out the apartment can take a notarized power of attorney in his name from him. He can also present the consent of all other owners, which must also be notarized.

What to do if the landlord cannot present all necessary documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with the law may be invalidated, and problems will arise for the tenant.

And one more thing that we often forget about: do not forget to think over your actions in advance, immediately decide what will be indicated in the contract, and before putting your signature, be sure to read what you are signing.

Check the owner and documents for the apartment

The most important thing that inexperienced tenants often forget about is checking the landlord. Ask the owner to show you your passport, it is better if it is an original, not a photocopy. Check every page, any mark not required by law will invalidate the passport.

Check the certificate of ownership. This is the main document that confirms the ownership of real estate. Until 2000, a certificate of ownership of a dwelling was issued, and from October 1, 2013, instead of a certificate of state registration of rights, an extract from the Unified State Register of Rights (EGRP) can be issued.

Do not forget about title documents and other little things

Together with a certificate of registration of ownership and an extract from the USRR, ask the seller to show the title documents for the apartment, that is, the documents by which the seller acquired the ownership of the apartment.

There are several types of such documents: a certificate of ownership, a donation agreement, a sale and purchase agreement, a certificate of inheritance, a certificate of privatization. If the apartment belongs to a housing construction cooperative (HBC), ask the seller for a certificate of the paid share.

Do not confuse these documents with various certificates of legal registration, entry into the register of owners issued by the BTI, local committees for property management and property funds, and other local governments. They cannot replace a certificate of ownership and an extract from the USRR.

Be sure to check all documents provided to you for corrections, including the date and registration number. Stamps and signatures must be legible.

In addition to obvious things (the duration of the contract, the amount of rent, etc.), it makes sense to indicate, for example, the time at which the landlord can visit the apartment, and also during what period he must warn the tenant about this. In addition, it is always useful, along with the contract, to draw up an act of acceptance and transfer of property indicating defects, so that the landlord does not make you responsible for a broken TV, doors that have fallen off on an old wall or a squashed one, damaged long before you appear in this apartment.

Utilities and pets

If according to the contract utilities you pay, be sure to get yourself a separate folder for all checks and receipts - it can come in handy in case of a conflict. It is highly not recommended to start a pet without the consent of the landlord, some landlords are very negative about cats and, even more so, dogs in their living space. In some cases, this may even be a separate clause of the agreement, but, in principle, it is possible to agree quite normally in words, if you approach the issue correctly.

Receipt for payment

In addition, experts recommend that when paying rent, take a receipt from the owner of the apartment for receiving money, so that in the event of a conflict situation, you can provide evidence that there were no violations on your part and you were not left in debt. The receipt must indicate the period for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed not only by you, but also by the owner of the rented apartment.

Repair and damage to property

There is such a thing - the natural wear and tear of the apartment. You are not amorphous creatures moving through the air. If someone lives in an apartment, inevitable processes of obsolescence, wear, erasure, etc. take place. However rent It is income with inherent risks and costs. Therefore, you have to pay for damaged property, but not for natural wear and tear, unless it is specifically stipulated in the contract.

Do not be embarrassed and discuss such points separately. In most cases, you can not prescribe them in the contract. At least do this so that you don't have to do major repairs later or reimburse the cost of those things that were broken or broken before moving in. As we have already mentioned, it is best to draw up an act of acceptance and transfer, which describes the apartment and its condition, and indicate valuable items and equipment specifically in order to avoid any possible misunderstandings about this.

Accommodation of third parties

Sometimes it happens that the landlord is extremely negative about the fact that other people suddenly appear on the rented living space, even if it is a friend who suddenly arrived on a business trip or a girl / guy who really liked. On the other hand, it also happens that the owner of the apartment himself suddenly, in an ultimatum form, may demand that the tenant agree to tolerate some relative or friend of the owner of the apartment for a night or two. It is clear that not everyone will like such attacks, so just in case, this can also be written in advance in the contract.

Landlord visits

It is necessary to discuss the issue of possible visits in the contract. This will help resolve issues with verification. The usual practice is as follows: the landlord visits the apartment once a month, coming for rent, having warned the tenant in advance by phone about his visit.

Someone treats a rented apartment as a means of earning money, and someone is too reverent and fearful and therefore decides that they have the right to visit it at any time and control the life of the tenant. By law, the hirer has every right to demand that the landlord not come without warning, and even more so when there is no one in the apartment.

Suppose you would like the landlord to visit the apartment no more than once a month, and he must notify about this by phone and no later than three days before the date of the visit. Indicate this in the contract, and if the landlord unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract and that he is obliged to comply with it.

How to terminate the contract

Sooner or later, you will have to move out of the rented apartment. How to terminate the contract? The easiest option is to leave the housing after its expiration date, when the tenant is obliged to vacate the living space he occupies by the time specified in the document.

If we are talking about early termination, then options are possible here. For example, if the landlord is the initiator of the early termination, then the contract can specify that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing.

If the money was paid up front, the landlord will have to return it to the tenant. If the tenant himself wishes to terminate the contract ahead of schedule, then the deposit, of course, will remain with the owner of the premises.