How to rent an apartment: what you need to know. Renting an apartment: all the nuances and paperwork

Time is money. This expression becomes especially relevant when you urgently need to rent an apartment. In rather extreme conditions of haste, often the owners of private real estate make many mistakes and mistakes, which in the end are too expensive, and the price for them is not only money, but also damaged nerves. In addition, an empty living space requires constant payments, and therefore it is necessary to rent it out at least in order to block them.

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Very often, the owners leave the apartments empty, simply because they do not know how and what to do, how to properly draw up the documentation and, in the end, just not to become a victim of ordinary scammers or unreliable tenants. Let's take a look at how to rent an apartment officially, what it gives and how to arrange everything correctly.

The official rental of private housing is the most optimal and profitable deal from a legal point of view. In addition, this way of renting an apartment is the safest, first of all, for the owners themselves.

Benefits of legally renting an apartment

1. There is no need to be afraid that the tenant will do something unknown to her and will not run away without paying for accommodation and utilities. In this simple way, you can eliminate the possibility of a scam with your property.
2. Not the best option and surrender to friends or relatives, having concluded an oral contract “in words”. The only plus is that you will know the people who live in your apartment. But, if renting an apartment for you is, first of all, getting a good passive income, then it is better to find unfamiliar tenants and make a deal at a decent price and in accordance with all the rules.
3. This method helps to anticipate all future expenses for the apartment as much as possible, including even the payment of phone calls to tenants. The formal lease agreement includes all payment items and obligations of both parties.
4. In addition, you can be sure that there will be no problems with the tax, and you will not be held liable for concealing profits.

What documents are needed to draw up a contract?

Drawing up an apartment lease agreement does not require the collection of a large package of documents and various certificates, such as for buying it. The standard set includes the presence of such mandatory documents as:

• Certificate of ownership of housing in the case or an agreement that confirms the right to its property (for example, it can be a contract of sale or a donation agreement);
• List of all registered in the apartment (extract from the personal account in the Housing Office);
• Notarized consent to the lease from all owners of the apartment, if there are several. In addition, in the process of concluding a contract, they must be present. This fact can save you from various future problems that may arise when the co-owners of the apartment intervene if they do not agree with its lease.

The tenant must provide a passport.

Lease agreement: what is it for and what to prescribe in it?

An apartment rental agreement is an official document that confirms the legal lease of real estate and contains all information about the transaction, its conditions and terms, as well as guarantees and obligations of both parties. It is between two parties: the landlord and the tenant. This is an important component of the question of how to properly rent an apartment.

Currently, there are two types of contracts for the delivery of property.

1. Hiring contract. It is concluded in those cases when you rent an apartment to an individual (Chapter 35 of the Civil Code of the Russian Federation). This type of contract is not subject to mandatory registration, regardless of the duration of its term.
2. Lease contract. Necessary for concluding a transaction with legal entities (Chapter 34 of the Civil Code of the Russian Federation). Registration is mandatory if it is concluded for a period of 1 year or more.

The value of a formal rental agreement cannot be overestimated. The obligatory presence of such a document will make your life ten times easier, save a lot of money and nerves in the future. So it is important to pay maximum attention to it when designing.

The absence of a contract is an unjustified risk for the landlord and there are a lot of reasons for this, for example:

1. You will not be able to “sue” debts if suddenly you are “lucky” with unreliable tenants who do not pay rent for accommodation and utility bills.
2. In addition, it will be impossible to compensate for damaged property or theft of personal belongings, which is quite common in practice.
3. It is trite, but even in the police no one will accept your statement about problems with tenants if there is no official lease agreement that confirms the fact of renting out housing.
4. If the new tenants flood the neighbors or cause other damage to them, then you will certainly have to compensate.

What information must be included in the contract?

• the amount of the monthly rent,
• terms of payment, up to the date and time,
• the use of personal property of the owners of the apartment, which and to what extent is allowed,
• payment of all utility bills, size and amount, information about who will pay them - the tenant or the landlord, this will help to avoid many conflict situations in the future,
• obligatory exact time and procedure for checking a rented apartment and property in it by the owners of housing,
• information on the privatization of housing, its owners,
• the number of future residents must be indicated,
• the procedure for the return of funds in case of non-payment, as well as the procedure for compensation for possible material losses to the lessor in cases of unlawful actions of tenants,
• additional agreements that do not contradict the law, but are important for both parties.

As a mandatory annex to the contract, there must be an act of acceptance and transfer of personal property of the owner of the apartment, which indicates the fact of the transfer of the apartment and all property in it. Thanks to the use of such a document, all kinds of risks of damage to both housing and all your belongings during the residence of residents are significantly reduced.

Of course, even in the case of a contract, both parties have certain risks. The tenant has the right to know and must be sure that you have the official right to rent out housing, and also that there are no unpleasant problems with the apartment, that all utility bills have been paid and there are no debts for it. All this information is honestly discussed in advance, after which it is mandatory to indicate in the contract at the conclusion. The tenant is obliged to confirm that he is familiar with the information about the housing and has no claims.

As additional important information, the contract may contain data confirming the solvency of tenants (for example, a certificate from the place of work, which indicates the names and telephone numbers of contact persons who can confirm the information provided by the tenant).

A separate item indicates that this apartment has not been rented to anyone else, that it is “clean”. You should not be limited to certain standard phrases, it is important to indicate in as much detail as possible all the information about the housing and the property in it, as well as all oral agreements with the tenant. In this case, both parties to the transaction will be able to avoid possible unpleasant consequences, or protect their rights in cases of illegal actions of the other party.

Transferring money to pay rent

The final and most important stage of the transaction is the transfer of money. It is important to take it as seriously as possible. To date, there are several ways to carry out this procedure:

1. From hand to hand is the easiest and fastest way. But it may not always be convenient for both parties, since it is necessary to find time to carry out this process. Often, none of the other parties can donate such time, especially if it happens during the day. This is explained simply - often during the day people are at their jobs. If the funds are transferred in cash, be sure to conclude an act of acceptance and transfer of money or write a receipt with the specified amount, date, payment period and signature.
2. Use of various non-cash accounts for which tenants pay rent for housing within a certain period of time. In this case, it is important for the tenant to keep all receipts.

Absolutely all manipulations with payment are carried out on the basis of a concluded agreement and cannot be changed unilaterally. Both parties must follow the pre-agreed terms of the deal. If this is a transfer of money from hand to hand or to authorized persons, then it is imperative to provide documents that confirm the existence of a power of attorney. The transfer of funds through banking institutions by crediting to the account simplifies the whole process several times. Moreover, the fact of transferring money, if all receipts are saved, is almost impossible to dispute or deny.

There are no trifles in such an important matter. Any little thing can play a cruel joke on you and cost you a lot. This means that personal reinsurance is always much better and more expedient than a credit of trust to unfamiliar people.

How to pay state taxes for renting real estate?

If you are interested in how to rent an apartment officially, then you should also know about paying taxes. In practice, different methods of renting apartments are used in Russia, and they are not always supported by law. Renting out property without paying taxes is a reality, not a fantasy. According to statistics, about 60% of owners who independently rent their housing do not pay taxes to the state. As a rule, this option is fraught with unpleasant consequences and problems with the relevant government agencies.

Most often, a banal situation occurs - it is the neighbors of such tenants who give out dishonest “dealers”, this usually happens when housing is rented by someone who is not clear and in case of hooligan behavior at night. Naturally, the neighbors begin to complain and unofficial rent with non-payment of taxes comes out.

There is a way to rent an apartment officially and not pay taxes by contacting intermediaries represented by real estate agencies. But in this case, the lion's share of the profit goes to them. It is more profitable to do everything yourself and according to the law. But how?

According to the law, real estate can be leased by persons who are engaged in private entrepreneurial activity, and persons without registration as an entrepreneur (according to the norms of the Tax Code).

In this case, the object of taxation is determined by the calculation of the rent, which is specified in advance in the official agreement between the landlord and the tenant of the housing. Real estate rental tax is provided in the mandatory rate 13% of the income received from the rental of property. This income, as a rule, is the amount specified in advance in the official contract and paid to the owner.

In some cases, the interest rate is 17% of the excess amount, taking into account all previously provided taxes: if the total amount of income received by the taxpayer for the last reporting month exceeds the minimum wage by ten times.

How does this process work in practice?

The owner of the apartment, who is also the landlord, at the end of the year independently submits a tax declaration of an individual (form 3-NDFL). This declaration is submitted to the tax authorities at the place of direct business activity. In another case, the completed declaration is submitted at the location of the property.

After some time, a receipt arrives in the mailbox, which must be paid. The deadline for filing a declaration and paying tax for the past year is until April 30 of the new year.

It is possible to register a private enterprise for activities related to the rental of real estate. This will greatly simplify the entire scheme for paying taxes on income. To do this, it is necessary to register a business entity - an individual or an individual entrepreneur. The easiest way is to issue an IP and pay 6% of the profit under the simplified taxation system.

Possible difficulties in the execution of the transaction

Real estate lease transactions do not always go smoothly and quickly. In order not to learn from your bitter experience, you can simply take note of the typical mistakes that are very often made during registration:

1. At the conclusion of the contract, it is better to prescribe the lease term immediately. And if it exceeds 12 months, then it must be registered with the Federal Registration Service without fail. In this case, the amount of the state duty is paid by the tenant, and the lease agreement is registered in the name of its owner. Such an agreement acquires full legal force and can act as an official document in cases of resolving various disputes and conflict situations.
2. To avoid various unpleasant situations in the process of renting housing, it is important to independently control the entire process. In addition, do not be lazy and ask future tenants as much information as possible. It is also advisable to check it for reliability, for example, call a job and make sure that such a person really works there.
3. A serious attitude to any trifles in this serious matter is a guarantee of avoiding possible problems. Therefore, a favorable outcome of the transaction and the receipt of future profits in full without unnecessary losses depend on your responsibility and awareness.

In our modern, dynamic world, renting a home has long been a common practice. Any procedure of this order requires proper documentation and registration. The material in this article will help you understand the main features of the apartment rental agreement and the list of documents required for this procedure.

To begin with, you need to deal with the conceptual side of the issue. According to the Civil Code of the Russian Federation, an apartment lease agreement is concluded if the tenant is a legal entity (Chapter 34 of the Civil Code of the Russian Federation). If the apartment is rented out to an individual for a fee, then in this case an agreement on the rental of residential premises must be concluded (Chapter 35 of the Civil Code of the Russian Federation). As you can see, in these situations, the contract is concluded with different subjects, which is regulated by separate chapters of the legislation. Therefore, it is necessary to clearly distinguish between these two terms and, if necessary, draw up the desired type of contract.

To conclude a lease or lease agreement, the landlord / landlord, for its part, must provide the following list of documents:

• passport or other document authorized to verify the identity of the tenant/landlord;
• documents that prove the ownership rights of the landlord / landlord to this living space (this category includes a certificate of ownership of residential premises, inheritance, privatization, a legally certified contract of sale, division of inherited property, life maintenance, gift, judicial decision on recognition of property rights, settlement agreement, etc.);
• extract from the register;
• registration certificate of the dwelling;
• a document confirming the absence of arrears in payment of utility services;
• if for some reason the contract is not concluded by the owner of the apartment, it is necessary to have a notarized document - a power of attorney, in which, among the powers of the authorized person, the right to sign such documents is fixed;
• if the owners are several people, it is necessary to have a notarized consent of all the owners of the dwelling or their authorized representatives;
• if the owner of the housing is an entity whose age has not reached 18 years (of legal age) - it is necessary to have special permits from the relevant guardianship and guardian authorities.

List of additional documentation for a sublease agreement

In addition to the actual hiring, there is such a form of renting an apartment as a sublease. In this case, the tenant has the right to transfer housing for use to third parties. That is, the tenant acts as a landlord. If a tenancy agreement is concluded, the following additional documents are required:

• documents confirming the right of the tenant to enter into a sublease agreement (as a rule, this is prescribed in the main lease agreement);
• original and duplicate of the employment agreement;
• consent in writing from persons living in the apartment according to the rental agreement (if any).

List of documents from the tenant / tenant

For organizations and individual entrepreneurs, the list of required documents is different.

The list of required documents for organizations established in the form of a joint-stock company or a limited liability company:

• a notarized document (power of attorney) confirming the right of an authorized legal entity to conclude such agreements on behalf of this legal entity;
• passport of an authorized legal entity;
• the original or a notarized copy of the documents that confirm the legal capacity of the legal entity (the charter of the organization, the current version of the charter, the decision on the appointment / election of the head, as well as the following certificates: on state registration of the legal entity, on making the corresponding entry in the Unified State Register of Legal Entities, on tax reporting);
• necessary financial details of the legal entity;

All copies of title documents must contain the seal of the tenant and the signature of his manager.

The list of necessary documentation for an individual entrepreneur:

• document confirming the identity of the tenant (passport);
• notarized copies of certificates that confirm the legal capacity of the tenant (on state registration of an individual as an individual entrepreneur, issued by the registering body of the Federal Tax Service of the Russian Federation; on his tax registration);
• extract from USRIP;
• bank details with a seal (if any) and signature of an individual entrepreneur.

The advantages of renting an apartment for use by legal entities include:

• as a rule, higher payment reliability;
• the location of the legal entity is known and known;
• collection of hypothetical debt and / or damage to the apartment is easier.

The list of necessary documentation for renting housing by an individual:

• passport or other document authorized to verify the identity of the employer (both a copy and an original);
• a photocopy of the passport(s) or birth certificates of all citizens who intend to live in a rented apartment;
• employer contact information.

Registration of an apartment rental agreement

The Civil Code of the Russian Federation establishes that the lease/rental agreement for an apartment must be concluded in writing. Very often (mainly for renting) landlords make a big mistake by renting an apartment only by verbal agreement. This approach makes the landlord extremely vulnerable. in this case, it will be very problematic to recover a debt from an unscrupulous employer or to force compensation for damage.

Mandatory clauses of the lease agreement:

• a description of the dwelling that is rented out (if only one room is rented, then a plan of its location in the apartment must be attached);
• the actual address of the dwelling;
• the term of rent / lease of the dwelling (if the terms are not specified, then the lease is considered indefinite, and the lease is concluded for a maximum, five-year period);
• the amount of monthly rental payments, an indication of the timing of a possible revision of the amount paid;
• information about the owner(s) of the apartment;
• terms of termination / early termination of the agreement;
• indication of the terms of delivery of the apartment, after the termination of the contract;
• fixing the rights and obligations of the subjects of the transaction;
• procedure and terms of payment for housing and communal services;
• transfer of persons intending to live in a rented apartment;
• an inventory of the property transferred for use to the tenant / tenant;
• indication of passport data and details of both parties.

The tenant / tenant has the right of priority to re-sign the agreement for the next term, if he strictly complied with the terms of the agreement, accepts the clauses of the proposed transaction and if he knowingly, before the end of the current agreement, notified the landlord of his intentions

According to the norms of the existing legislation, apartment lease agreements are subject to mandatory state registration if they were concluded for a period of one year or more. The transaction acquires the status of a concluded from the date of state registration.

State registration is not provided for the employment contract.

Documents to be submitted for registration of an apartment lease agreement:

• passports and copies;
• the original and a copy of the cadastral and technical passport of the apartment, certified by the authority that issued this documentation;
• order of the executive authorities regarding the transfer of an apartment to a legal entity for rent.

Registration documents for legal entities:

• founding documentation;
• documents confirming the entry of information of legal entities into the Unified State Register of Legal Entities;
• documents and copies evidencing the registration of a legal entity as a taxpayer, indicating its TIN (i.e. taxpayer identification number).

The state fee for registration of a lease agreement is charged from legal entities in the amount of 15 thousand rubles. After submitting all the necessary documentation, registration is processed in about a month.

The conclusion of a rental / rental agreement for housing and its registration is a serious procedure, which must be approached carefully and responsibly. In order not to run into "white spots" in this matter and avoid unnecessary misunderstanding, and possibly conflict, between the parties to the agreement, it would be quite appropriate to seek advice from qualified specialized specialists (a lawyer or a realtor). They will be able to help bypass the "sharp corners" and draw up a competent contract.

Distinctive features of the apartment lease agreement:

• is concluded with legal entities;
• the tenant can use the apartment exclusively as a living space;
• the maximum term of imprisonment is unlimited;
• the lease at the initiative of the lessor may be prematurely terminated out of court on the grounds provided for by the contract.

Distinctive features of a tenancy agreement:

• concluded with individuals;
• does not require state registration;
• the maximum term of imprisonment is 5 years;
• tenancy at the initiative of the landlord can be prematurely terminated only in accordance with the court order on limited grounds;

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The initial and permanent requirement in order to rent out an apartment is the need to conclude a contract. Drafting such an agreement will provide peace of mind to both parties. Let's take a closer look at what documents are needed for renting an apartment and the subsequent conclusion of an agreement.

What documents do you need to check when renting an apartment?

Certificate confirming the identity of the landlord, as well as his passport

Documents certifying the right to housing. First of all, they include a contract of sale, otherwise referred to as a contract for the separation of real estate for the benefit of the owner of the apartment.

The original of the act of transfer of real estate, which testifies to the state registration

Checks that confirm payment and the absence of debts for utilities and housing and communal services

The presence of an agreement in writing or the personal presence of all registered family members in a rented apartment

If the landlord for some reason cannot be present at the drawing up and signing of the contract, a representative authorized by him is obliged to show you a power of attorney indicating the transfer of authority. The main element in this power of attorney is a direct indication that this person can sign the agreement, followed by the collection of rent and so on.

If the owner of the living space is under 18 years of age, then the authorized person must submit documents on guardianship from the guardianship authorities. Such documentation can be obtained from the local government.

What documents do you need to look at when renting an apartment?

With documentation from the tenant, it's a little easier. The tenant is obliged to present documents to confirm his identity, that is, a passport and all copies of the passports of individuals who intend to temporarily reside in this living space.

Features when signing a contract

According to the requirements of the legislation, in order to rent out housing to other individuals, it is necessary to draw up a lease agreement. The only exception is if the owner of the apartment is a legal entity, then a lease agreement is drawn up. In addition, the living space can be used by a legal entity as a rented room for citizens.

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 receive 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. You can find more detailed information about the features of renting an apartment for individuals and individual entrepreneurs 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 documentation 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 costs of the taxes themselves, but also ... you get the opportunity to get out of a completely different zone of risks arising from “black rent”, when you cannot go to the police or the court in a conflict situation. 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, be sure to make sure that the apartment being rented falls under the insured event) or by creating a reserve for unforeseen events on your own. You can read more about this in a separate article.

And also, when renting out your property, it should be borne 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.