What to check before renting an apartment? How to officially rent an apartment: step by step instructions. Apartment lease agreement between individuals

Additional real estate in the property always means the possibility of additional income. One of the best options is to have 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 decided to rent out the housing, 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 include 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 back up the agreement with 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.

Other important housing options 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 make searching faster and keep your rent low.
• 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, appliances) 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 yourself 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 for 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 rent an apartment correctly, eliminating all possible risks and protecting themselves 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.

Even at the stage of selecting housing, a potential tenant should weed out all those who rent without official registration.

If the owner decides to rent the apartment and save on taxes, having deceived the state, it is quite likely that in the future he will decide to make money on his tenant in this way.

First of all, the future employer should look at citizen's passport from whom he intends to rent a house.

It is hardly possible for a non-professional to identify a fake by eye, but the document itself must be with the owner, and not somewhere else, for example, at the embassy on a visa.

Not suitable and photocopy individual pages.

Power of attorney

It is possible that an apartment is rented out by an intermediary acting on behalf of the owner.

Such a document must have notary record that all information contained therein is true.

The power of attorney must indicate the specific powers of the person, among which will be the right to lease the named property.

Also make sure that document validity period didn't end. Be sure to make a copy of the power of attorney.

Title papers

In addition, the owner must confirm his rights to the apartment by showing the tenant a document of title.

It could be contract of sale, certificate of inheritance and other document.

In any case, you will have to contact Rosreestr to make sure the information provided is up to date, because today you can sell real estate in one day.

Have the registrar issue a certificate to the prospective tenant regarding who owns the property.

This will remove all questions.

When housing located in is rented out, it is necessary to require permission from the local administration in addition to.

What is required from the tenant?

What documents for renting an apartment should be required from the tenant? The tenant is required only passport.

There is no need to copy the pages of passports, because all the information from these documents will be indicated in the lease agreement.

What needs to be done?

When concluding a deal, it is necessary to draw up a number of important papers.

Treaty

The basis for the relationship of renting an apartment is treaty. Although the form of this document is not legally established, there are still certain

The contract must necessarily indicate the period for which it is concluded, the address of the apartment, the cost of one month of living, the procedure for terminating and extending the rental relationship. You can read more detailed information about the grounds and conditions for concluding such an agreement.

When is the lease term exceeds 1 year, then its necessary. And the tenant of housing should follow this, because the problems of the owner of the apartment with tax payments can affect his property and, accordingly, the tenant. Perfect option- the presence of the owner.

Inventory of property

In addition to the contract, it is mandatory to draw up which will be an integral part of the agreement.

In this document, the homeowner lists all items of furniture, interior, household appliances and other things that transferred for use together with the premises.

The tenant must ensure that the inventory contains information regarding the current state of these things: external damage, malfunctions, other defects.

Otherwise, the owner may demand compensation for shortcomings not indicated in the inventory. bank account of the landlord, it is not necessary to draw up a receipt.

All papers listed in this section must be issued in duplicate: one for the owner of the home, the other for the tenant.

Copies won't be enough.

As you can see, renting a home is not as difficult as it might seem at first glance.

Guided by the information in this section, you can easily arrange housing on one's own, without the involvement of third-party lawyers for a fee.

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.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

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.

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 utilities not paid on time will provoke 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?

In order to rent out an apartment, a lease agreement is required, a copy of which is provided by the person who rents out the living space to the tax service.

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 at the moment, then a rented apartment is the best option. 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.

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 spouse's consent to renting out an apartment can be issued in a simple written form or an agreement inscription can be included in the contract, it is important to obtain the formal approval of the second spouse.