What documents are needed to rent an apartment. What to look for when renting an apartment
It happens that you urgently need to move out of your apartment to a rented living space. Or you do not yet have your own property and therefore you are forced to rent a property for a comfortable stay. You need to know a lot of subtleties in order to live in peace and not worry that at any moment you can be thrown out of the door with things or furniture.
The consent of the spouse to rent an apartment can be issued in a simple written form or an agreement inscription can be entered into the contract, it is important to obtain the formal approval of the second spouse.
At independent search you will need to find an ad from the owner, not a real estate company, set the time yourself and go around the apartments you like. Of course, in such a situation there are pitfalls, but many people prefer not to contact realtors.
When inspecting the apartment check the condition of plumbing, electrical wiring. It is important that the plugs are not knocked out when connecting a minimum number of appliances (electric kettle, computer, washing machine). Also make sure that there are no ants, cockroaches, bedbugs and other insects.
Documents on pickup
- number of owners. If the landlord is not the only owner of the property, the tenant may have problems in the future. Even with the consent of all other owners now, a change of opinion is possible in the future. In any case, the employer will suffer first of all;
- neighbours. The level and quality of living depends on the neighbors. It is better to talk to them in advance about their attitude to the fact that the apartment is rented nearby, and just find out what kind of people live in the neighborhood;
- landlord behavior.
- passport. HE will establish the identity of the person who rents out the living space. From this it is worth starting from further verification;
- papers confirming property rights to living space. For example, a certificate of registration of ownership. By checking them carefully, the tenant will make sure that the proposed housing is really the property of the person renting it;
- documents reflecting the method of transfer of the apartment to the ownership of the landlord. For example, contract of sale.
What to check before renting an apartment
Whatever one may say, in any case, you will need to communicate with the owner. Let's say you transfer payment to a card, but ... the tap broke, a letter arrived in the mailbox, the neighbors offer to chip in at the barrier. Yes, and the number of visits can be limited in the contract, but not the number of calls. Some grandmothers who rent apartments consider it their duty to worry too obsessively about tenants. All this can be understood when meeting with the owners and weigh whether you can put up with it.
Also pay attention to the number of owners. If there are several of them, then it is necessary to require written consent from all owners to rent out the apartment. The consequence will be about the same - for example, the ex-wife will come, say that no one asked her, and give one day to move out. This is almost certainly a collusion between them, because they will get all your money.
What you need to know when renting an apartment
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.
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.
How to rent an apartment: what you need to know
- Tenant mobility. It is possible to move to another district or to another city - if offered a more attractive position. Or a noisy interchange or an industrial complex was built near the apartment building, it is quite possible to change the place of residence.
- No need to do repairs and spend on it cash. Only the owner of the dwelling will think about new furniture and plumbing. The fall in consumer qualities of the situation leads to a decrease in rent.
If the inspection process reveals any specific malfunctions, ask the owner of the premises who will pay for the repair work.
If you rent a room that does not have a lock (or you are talking about paying for one bed), you do not need to pay a deposit.
Useful tips when renting an apartment: what to look for
At first glance, renting an apartment for a long time is safer: this type of rent is chosen by people who are confident in their ability to pay, who have a good stable income, often families with children. But even here, not everything is so smooth, as the risk of late payments increases.
Ambitious individuals who spend time at work from morning to night are the dream of many landlords. They also include serious students who work after classes, so if you are approached by such a person, you can even make some concessions if the situation requires it. Peace of mind, no complaints from neighbors and regular payments are really worth it.
What documents are needed to rent an apartment
Thus, the main difference between the two types of agreement is the status of the recipient of the service. The contract of employment can be concluded with individual. In this case, the parties to the agreement are the landlord (the owner of the dwelling or his authorized representative) and the tenant.
- "one. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (landlord) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
- 2. Residential premises may be provided to legal entities for possession and (or) use on the basis of a lease agreement or other agreement. A legal entity may use residential premises only for the residence of citizens (Article 671 of the Civil Code of the Russian Federation, hereinafter referred to as the Civil Code of the Russian Federation).
What you need to know when renting an apartment - what are the risks
Checking the papers and a preliminary inspection of the property is carried out by an employee of the agency. Most often, employees have a legal education and have access to a common database of property rental offers. The disadvantage of this option is an additional fee of 50-100% of the monthly payment for an apartment.
All of these risks can be easily minimized if you prepare in advance for a meeting with a realtor and carefully check all supporting documentation. If all the papers are in order, then you can fill out and sign a standard rental agreement for the premises.
What documents do you need to look at when renting an apartment
Olesya Mandziak considers it necessary to seek help from a qualified real estate agency, where competent realtors work, who can help avoid various risks when renting an apartment. “Starting with an inspection of the apartment, you need to pay attention to all the details of what is happening. When signing the contract, the landlord himself (or all participants in the property) must be present, all original documents for the property and passports, as well as all the necessary certificates, must be provided, ”says the expert.
Another, very similar scheme of deception: according to the documents, the apartment belongs to a relative who now lives abroad, and you are offered to sign an agreement with a person acting by proxy from the real owner of the apartment, says Olesya Mandzyak, head of the Delta estate residential real estate department. The power of attorney may be invalid, and the person who rented such an apartment can be easily evicted.
15 Jul 2018 381The article tells how to check the documents for an apartment when renting, explains the intricacies of the legislation.
Real estate transactions are risky. There are many cases when gullible employers fell for the tricks of cunning realtors. The consequences are sad: real estate agents took money for housing, and then disappeared without a trace.
4 main fraud schemes:
- The apartment is rented to several owners without the approval of the owner. Fraudsters enter into a rental agreement with the owner of the living space. Then several times the object is offered to new clients. They take money from people. And the homeowner himself does not even suspect that ingenious schemes are being turned around his property.
- One owner leases housing without the consent of the second owner. For example, one owner is serving a sentence in places of deprivation of liberty, and at this time the second owner offers housing for rent. When the second owner returns, he calmly kicks the tenants out of the premises.
- Settlement with accommodation. Upon inspection of the property, it seems that everything is fine. But after checking in, it turns out that there are too many neighbors in the room. In fact, it turns out that an ordinary bed was rented, and not a full-fledged room.
- Conspiracy of a realtor with a property owner. The realtor shows the object when renting an apartment, takes a deposit. When tenants move in, it turns out that the landlord is not so simple. Finds a reason to evict tenants, for example, accuses them of damaging property. As a result, you have to leave.
In order not to throw money away when renting an apartment, you need to check the documents of the owner and the real estate agency.
How to check documents
- It is necessary to read the reviews about the real estate agency. If there are already citizens who have suffered from their services, information can be found on the Internet.
- If you have already come to the office, you need to carefully read the contract that they offer to sign.
Important! The subject matter of the agreement matters. Information services are not something you have to pay for. If there is a charge for providing information, then the agent will simply be able to give a list of apartments for rent. But the settlement is no longer included in the scope of duties.
A transaction without deceit means that the agent takes a commission from the client, but already upon check-in.
- When they take you to see the object, you must definitely check the owner's passport.
- Check the basis of ownership of the property (agreement of sale, donation). Now the right of ownership is confirmed by an extract from the USRN, certificates were previously issued. A cursory examination of the document is definitely not worth doing. The data specified in the extract and passport are verified. It is the owner who must rent the property and no one else.
- Ask if there are utility bills. The rental agreement may contain a clause obliging the tenant to pay utility bills for the rented property. After checking, you can be sure that you will no longer have to pay for other people's debts.
- Check the power of attorney if a trusted person wants to rent out housing.
- Pay attention to two points of the power of attorney:
- its duration;
- the representative has the authority to rent out housing.
- Check the documents on the basis of which the guardian acts. If the dwelling belongs to a minor, then the guardian disposes of it. The authority is confirmed by a certificate from the guardianship authorities.
- Find out if other owners approve of renting out the property. If approved, they must provide written consent.
- Find out who else will live in the house. The owner must show photocopies of the passports of other persons using the property.
Nuances when signing a contract
It is advisable to check which documents the owner has and read the lease agreement itself. This agreement is the main document governing the relationship between the parties.
10 important points of the agreement:
- Full name of the parties and details of the passport;
- list of tenants;
- a list of citizens who will live in the housing;
- the exact dates when the landlord can come to check and receive payment;
- the amount of the rent;
- date and procedure for transferring payments (money can be handed over and receipts can be taken or transferred to a card);
- a list of furniture and household appliances that are in the room;
- rights and obligations of the parties;
- the procedure for compensation for damage;
- term of the agreement.
If the premises are rented for a period of more than a year, then it is necessary to register a document with Rosreestr. But few people want to bother with the passage of bureaucratic procedures, and even attract the attention of the tax inspectorate.
Therefore, the agreement is signed for a period of less than a year. If everything goes well, then the period of residence is extended.
First you need to check the condition of the housing, and therefore sign the inspection certificate. Then you don't have to justify yourself to the owner for scratches on the laminate. General language such as "in fair condition" means little. If there is damage, then you need to write about it in the act. It is desirable to check the condition of household appliances. It is better to find out if the faucet is leaking before signing the agreement than after.
If the premises are rented without repair, then tenants often make repairs. The owner may agree to deduct the cost of repairs against the rent. If the parties so agreed, then information about this should be reflected in the contract.
What to Think About Beforehand
All important issues are resolved before the deal. If tenants take their pets with them, then such a condition is indicated in the contract. Such seemingly trifles often become the reason for eviction.
In practice, it happens that the documents are checked during the rent, everything is in order with them, but the tenants and the owner simply cannot get along together. Therefore, you should not flatter yourself if a caring grandmother shows too much care and attention. In the future, too close communication with the owner can get bored and serve as a reason for terminating the contract.
How much is the rent
Renting a home is expensive. Not only a monthly fee is paid, but also a deposit, a commission. Thus, in order to rent a living space, a triple payment is made for the price of the rented property.
A pledge is given as a guarantee that the property will remain safe. This is insurance for the landlord. Commission rates may vary. Agents can charge as modest as 10% of the monthly rent, or 100%. That is why rent, especially in the capital, is so “golden”.
There is not always enough money to rent an apartment, so rooms are very popular, especially in the capital. Then you will need another important document - an agreement that determines the procedure for using the living space. The agreement contains data on which rooms are assigned to each owner. If there is an agreement, then temporary residents will have no problems.
Summary
- The question of how to check the documents available for an apartment when renting a house is the first thing to be decided before signing the contract.
- It is necessary to check the documents of the owner himself, as well as certificates of real estate.
- When renting, it is necessary to take into account important issues: who will live, whether the rest of the owners approve of the settlement, clearly determine the amount and term for transferring payments.
Renting a house ˗ means paying triple the price when you move in. Commission agents receive upon check-in.
What else needs to be checked?
Be sure to check the serviceability of all equipment together with the landlord, if it is available in the apartment. You also need to clarify whether the last bills on receipts have been paid or not. Because not paid on time public utilities lead to the formation of debt.
If there is one, then you need to agree in advance (before signing the lease) on who will pay the resulting debt. It happens that the tenant convinces the owner that he will pay off the debt himself, without paying anything for the rent.
Learn the fact that if the apartment you are going to rent has several owners, whether it be a spouse or other relatives, it is important to find out if all the owners agree to renting the apartment. Otherwise, the contract may be declared invalid.
It will be correct not only to receive, but also to achieve their personal presence at the signing of the lease agreement in order to avoid disagreements later.
What needs to be done when renting a residential area?
The signing of the apartment lease agreement by the parties is the final stage. This is a guarantee of good faith and decency, both on the part of the tenant and the landlord. Since fraud with rented apartments always takes place. This is what happens to unreasonable landlords who may ask for money up front and then run away with the money and the living space.
Is it necessary to make copies?
From a legal point of view, there are few copies of documents when proving fraud: what can be proved if there are no originals? The tenant simply does not need to have copies of the documents for the apartment. But the lease agreement must be provided and signed by the landlord and the tenant in two copies. If there is more than one owner of the apartment, then for each owner - a copy of the lease agreement.
Conclusion
Of course, living in an apartment that you own is much better.. But if the acquisition has not yet been planned or you simply do not have the opportunity to given time, then rental apartment – the best way. If you draw up a lease agreement correctly and provide for all the nuances that may arise for both the tenant and the landlord, then cooperation will please both.
If you choose an apartment yourself
When searching for an apartment through a specialized classifieds site or group in social networks you run the risk of being scammed. In order not to fall for their tricks, you need to pay attention to several important points.
1. The average cost of renting an apartment according to your criteria
Too "sweet" ads are often fake. Spacious with a modern renovation in the heart of the city, a minute walk from the metro and for a penny? A very dubious proposition.
2. Please transfer the prepayment to the card
This point often follows from the previous one. You call on the ad you like, they tell you that there are so many who want it, and then they ask you to transfer at least a few thousand so that the apartment remains yours. Don't get fooled by this: you just talked to a scammer.
Never transfer money to strangers as a deposit without a personal meeting.
3. The authenticity of the photos of the apartment
To verify the accuracy of the information from the ad, check the photos of the apartment for authenticity. This can be done, for example, through a Google image search.
If the same apartment is posted on several sites for renting housing, it's not scary. Another thing is when photos are circulating on the Internet, and the description, the address of the apartment and the contact person change dramatically from time to time.
4. Lack of photos of the apartment
Ads without photos look at least strange. In most cases, this means that something is wrong with the apartment, or such living space does not exist at all.
5. Frequency of ad posting
It happens that the same advertisement for renting an apartment appears and disappears with enviable frequency. Two weeks ago, the apartment was rented out, then it was removed, and a month later it is up to date again. And so in a circle.
Of course, it may not be the owner, but the tenants. Well, a person has no luck with tenants, and that's it. Nevertheless, often flashing ads are alarming.
6. Contact person
Who deals with the issue of apartments for rent? Owner or realtor? If you do not want to pay a commission equal to half or even the entire amount of the monthly payment, then listings from realtors are not suitable for you.
If you contact a realtor
Realtors can make your life easier and help you find your dream home. And they can pretty much fray your nerves, empty your wallet or waste your time in vain. Here's when you should be concerned.
1. The realtor cannot name the company he currently works for or where he worked before
If the realtor claims to be on the staff of the agency, you can contact the company directly and clarify this.
If the realtor is a private entrepreneur, he should in any case name you at least a few companies in which he worked before. If this is difficult, you may be a scammer.
2. The realtor is not interested in who and in what composition will live in the apartment
Almost every owner at least roughly imagines who he sees as a tenant, and notifies the realtor about this. If during a conversation you are not asked about the number of residents, the presence of animals and permanent work, this is a wake-up call.
3. The realtor is not an expert in his field
It is hard to imagine that a realtor does not know how to write a receipt for receiving money or fill out a rental agreement. And if you still don’t know, then this is not a realtor in front of you.
4. You are asked to pay a commission before the conclusion of the contract
The realtor receives a commission only after the conclusion of the transaction. If you are required to pay in advance - do not give in and do not transfer money.
5. Realtor deals with only one apartment
Usually, a realtor has several objects in operation. It is suspicious when a specialist devotes all his time to only one apartment. Try entering a phone number into your browser's search bar and see how many ads you get.
6. Realtor poses as a news agency employee
You are offered to drive to the office, conclude an agreement and get access to the database of owners after paying the commission.
The realtor will not go with you to inspect the apartment and meet with the owner, but to get through to someone from the received database, if possible, then after a preliminary agreement on the meeting, the landlord will cancel everything at the last moment.
In this case, it will not work to return the money, because you signed an agreement on the provision of information services. To achieve justice, you can contact lawyers and try to file a lawsuit. However, no one guarantees you a successful outcome. Therefore, carefully study all the documents on which you put your signature.
Stage 2. First contact with the owner
You have chosen the ideal, in your opinion, option and, to celebrate, call to arrange a meeting. First, make sure you're really talking to the landlord and not to a realtor or anyone else. Even if the ad indicated that the apartment is rented directly.
Ask the landlord a few questions. For example, where the windows of the apartment go or what floor it is on.
If a person hesitates, he may be trying to deceive you. The owner will answer such questions without delay.
If you feel that everything is in order, go through the information indicated in the ad: specify the cost, the need for a deposit and payment for the last month. Find out for how long the apartment is rented, whether it really takes 10 minutes to get to the metro, not 30. In general, say all the nuances that are important for you.
Stage 3. Inspection of housing
- Check out the entrance. His condition can say a lot about the tenants of the house - your potential neighbors.
- Try to look to the neighbors and ask who lived in the apartment before you. It is advisable to do this together with the owner: if the residents of neighboring apartments are not new settlers, then they will recognize your landlord, and you will once again make sure that he is the owner.
- Carefully inspect the bathroom, especially the plumbing. If a faucet is leaking, you should point it out to the owner immediately.
- Check the condition of the furniture and evaluate its wear.
- Pay attention to the location of the sockets. You may need to rearrange the furniture.
- If you have pets, check if previous occupants had a cat or dog.
- Be sure to turn on all the appliances and household appliances that you plan to use.
- Check all the switches in the apartment.
- Ask about internet availability.
- Check the locks so you don't have to wait under the door until they let you in. If there are several locks, and the key is given to you only from one, find out the reason. The owner can say that the lock has long been broken and not used. You must insist on a replacement or repair and ask for a complete set of keys.
- Make sure the integrity of the seals on the counters.
- Check the condition of the balcony doors and windows if you do not want to freeze in winter.
- Check out the entire apartment.
If none of the above in the apartment bothered you, you can proceed to drawing up a contract.
Stage 4. Conclusion of the contract
What documents of the owner need to be checked
If the apartment has one owner
When signing a lease, ask the landlord to show you:
- passport;
- certificate of ownership or an extract from the USRN.
You need to make sure that the apartment belongs to the person who introduced himself as the owner of the apartment.
One of the most common types of fraud on the market is the rental of someone else's apartment. Housing can be rented out by a certain "friend" of the owner of the apartment, who settled in it for only a couple of days.
Artur Ustimov, founder and CEO rental management service "Arendatika"
If you do not check the documents for the property, then you risk not only losing money, but also remaining on the street.
If there are multiple owners
In addition to a passport and a certificate of ownership, you need to obtain written consent to rent an apartment from all owners, as well as from those who are registered in the apartment.
If a certain distant relative is registered in the apartment, he can come to the housing you rented and stay in it to live. In this case, the lease agreement will be valid, but no one can forbid a person registered in the apartment to live in it.
If the apartment is owned by spouses
First you need to figure out whether in a joint or fractional ownership the apartment is located.
Ivashchenko Srbui Sargisovna, leading lawyer of the European Legal Service
For insurance, you can find out about the existence of a marriage contract and familiarize yourself with its conditions. If the apartment belongs to one of the spouses, then the consent of the second is not required. If in joint ownership - it will be necessary to obtain the consent of each owner.
What to look for when drafting a contract
A rental agreement is a document that will help you avoid unnecessary conflicts, so it is very important to take a responsible approach to its preparation. Lifehacker has already told you how, so we will focus only on the most important points.
Mandatory data
- The subject of the contract is an apartment. You must specify the full address, area and number of rooms.
- The parties to the agreement are the owner of the housing (or his representative under a notarized power of attorney) and the tenant.
- Passport data and information about the place of registration - both the owner of the apartment and the tenant.
Duration of the contract and payment procedure
Specify the duration of the contract and the period in which you are obliged to pay rent. Pay attention to the sanctions for violation of the payment procedure. For example, you may have a one-week period to pay off the debt, after which the owner has the full right to take you out of the apartment.
The fact of payment must be recorded: cash payment require a receipt from the owner, and when transferring to a card, request a bank statement.
The purpose of the payment must include a link to your contract. For example: payment under the contract of employment No. 1 dated January 1, 2018 for June 2018.
In addition, the contract must record the amount that you transferred to the owner upon check-in. This may be a payment for the first and last month of residence, as well as an insurance deposit - a guarantee that if the tenant damages the property, the owner of the apartment will receive material compensation.
The owner can withhold the entire amount of the security deposit or part of it, depending on the extent of the damage caused. If everything is in order during the inspection of the apartment, the security deposit in full is returned back to the tenant. A comfortable deposit amount for each party is negotiated at the conclusion of the contract.
Eviction order
Particular attention should be paid to the rules of eviction from the apartment. They should be comfortable for each side.
Sometimes the contracts indicate that the tenant is given only a couple of days to leave and search for a new apartment. And some leases even include penalties for staying less than a certain amount of time.
Artur Ustimov, founder and CEO of rental management service "Arendatika"
Owner visit frequency
Frequent unexpected visits by the owner bring little joy. However, you cannot forbid him to visit your own apartment. Discuss the frequency of visits that is comfortable for both of you, specify how long the owner should notify you, and fix the agreements in the document.
Communication channels
The contract must specify the email addresses or phone numbers of both parties - depending on the chosen communication channel. Better than both, to be sure.
Do not delete the correspondence with the landlord so that you can refer to it in case of a disagreement.
Inventory of valuables and meter readings
An inventory of valuables must be included in the act of acceptance and transfer of the apartment, which is attached to the contract. If you made a security deposit upon check-in, there is a risk of not getting it back. You must check the whole apartment. And the more thorough, the better. You already know what points to focus on when viewing an apartment.
It will be most reliable to take photographs of all detected defects so that they are not attributed to you when leaving. And photos can be printed and attached to the act.
Without fail, the act must record the readings of individual water and electricity meters at the time of settlement.
Repairs and planned changes in the apartment
Make a list of the changes you plan to make to your property, as well as the appliances or furniture you plan to purchase. Agree on the maximum amount and decide how the payment will be made: only by the owner, by yourself, or 50/50.
It is recommended to prescribe the conditions for inseparable and separable improvements in the contract in advance or draw up an additional agreement later. At the same time, it is advisable to make a reservation in the contract that things are returned to the owner, taking into account natural wear and tear.
Artur Ustimov, founder and CEO of rental management service "Arendatika"
Indicate in the contract who pays for the breakdown of household appliances. Unfortunately, during the initial inspection, you will not be able to be 100% sure of the absolute serviceability of the devices, and it can be difficult to prove that the breakdown occurred due to natural wear and tear, and not due to improper operation.
If you notice that the device is dying, point it out to the owner and inspect together, and then fix the agreements in the document. Otherwise, if a breakdown does occur, you may need the expertise of a professional to prove your non-involvement in the malfunction.
Living in an apartment
Do not forget to indicate in the contract those who will live with you in the apartment. Also let me know if you have . You should not lie about such things: with a high probability you will be caught in a lie, and the consequences will be very sad.
When should you cancel a lease?
The most alarming signal is the refusal to submit documents for ownership. There is a high chance that the apartment is not all right.
An apartment can also be problematic, the owner of which is too worried about his property. Such owners may come to you too often to check the safety of their property, which, of course, will cause you discomfort.
Artur Ustimov, founder and CEO of rental management service "Arendatika"
It is worth paying attention to the behavior of the owner. Excessive nervousness is alarming, as well as unreasonable haste when concluding a contract. If you are asked to sign documents as soon as possible, do not allow you to check the serviceability of household appliances and fix defects, then this is another bell.
Take your time, carefully study the contract, ask questions and discuss problematic issues. Check everything you need. It is important for you that it is comfortable to live in the apartment, and all difficulties are minimized. The owner wants his living space to remain in proper condition, and also does not want to be a regular participant. You evaluate each other - this is normal. And in this case, it is right to lay enough time for the process of paperwork and inspection of the apartment.
