Rent an apartment with a deposit: how to arrange it and who benefits from it. The concept of a deposit when renting an apartment and the difference from a deposit What does a deposit mean when renting an apartment

Most landlords require the tenant to pay a security deposit. It’s rare that an owner doesn’t worry about the safety of their property, which is why warranty coverage is so important. What is a deposit when renting an apartment?

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In modern conditions, a security deposit when renting an apartment is an integral part of business culture. The owner of the property, by giving the keys to the tenant, transfers his property for use to a complete stranger.

It is logical that he wants to have some kind of guarantee of the safety of his property and the regularity of rental payments. And the first such guarantee is the deposit made by the tenant. What is a deposit when renting an apartment?

Basic moments

Today's landlords are unlikely to agree to sign a lease without the tenant paying a security deposit.

This significantly reduces the risks of property damage, late payment and unilateral payment.

The tenant may find it too much of a burden to pay an advance payment for the first month of residence and additional security. But…

The owner of the apartment transfers the housing for the use of the tenant, on the decoration of which a lot of money was spent. Plus, the apartment contains furniture, household appliances, etc.

Overall, it turns out to be quite an impressive amount. And all this good is given into “the wrong hands.” Naturally, the landlord wants to receive a guarantee of the safety of the property.

From this point of view, the deposit does not seem like a huge amount at all. If the damage is serious, its size is unlikely to be enough to compensate for losses.

In essence, the deposit more or less guarantees the tenant’s careful attitude towards someone else’s property. If there is no damage, the deposit is fully returned to the tenant upon expiration of the apartment rental period.

Required terms

A deposit when renting an apartment is an element that protects the interests of the landlord in the event of damage to the property by the tenant or in the event of other negative circumstances.

A deposit, or more precisely a security deposit, is a sum of money agreed upon by the parties to the transaction, guaranteeing compensation for possible losses on the part of the tenant.

Often the security deposit is charged in the amount of one rental payment. This causes confusion with definitions. Sometimes the deposit is confused with prepayment for the first month of residence.

Prepayment and renting an apartment are completely different things, even if they are equal in amount. Often the deposit refers to the payment for the last month of residence. And this is absolutely not true.

The security deposit is in no way related to rental payments. It is accepted as a guarantee and is returned upon termination of mutual obligations in the absence of claims from the lessor.

Sometimes a deposit when renting an apartment is confused with a deposit or. Both of these concepts involve an amount that the tenant pays as a guarantee of the conclusion of the contract.

If the landlord enters into an agreement with another person, he is obliged to return the deposit. If the tenant refuses to sign the lease agreement, the deposit paid will not be returned.

If the contract is signed, it can be taken into account as an advance payment. The pledge has nothing to do with guaranteeing the safety of property.

Why is this necessary?

Having a security deposit is important, first of all, for the home owner. Having a certain amount of money in his hands, he gains a guarantee of the safety of his property.

At the end of the rental period, the landlord can inspect the apartment and the furniture in it. If there is damage, the loss will be reimbursed from the deposit amount.

Sometimes tenants move out “forgetting” to pay utility bills or pay the last month’s rent. And in this case, the deposit compensates for the owner’s losses.

In addition, the presence of a deposit when renting an apartment ensures compliance with the terms of the contract. In case of unexpected early termination of the contract without notice from the tenant, the owner of the apartment suffers material and temporary losses.

They are associated with the need to find new tenants and the costs of bringing housing into a “marketable” condition. In this situation, the deposit becomes a payment of a penalty for non-compliance with the terms of the contract.

It should be noted that using a security deposit as the last payment for rent is highly inappropriate. It may happen that property is damaged and utilities are not paid.

In the absence of a guarantee, it will be quite difficult to recover funds from an unscrupulous tenant. Why does an apartment tenant need a deposit?

At first glance, such a payment is highly undesirable for a tenant, especially since the amount can be quite significant.

But it is precisely making a deposit when renting an apartment that allows you to settle in a home with acceptable living conditions. Today, without a deposit, you can only rent a completely “killed” apartment, unsuitable for normal existence.

So it is better to pay the insurance amount and enjoy the comfort. Moreover, subject to proper handling of the property, this amount will be returned.

Current standards

The interpretation of the security deposit is not defined by Russian legislation. Therefore, all questions regarding its application were previously considered on the basis of “Methods of fulfilling obligations.”

According to its provisions, the fulfillment of obligations can be ensured by a pledge, a penalty, a surety, a deposit, a security deposit, etc.

On this basis, the provision for a security deposit was included in the apartment rental agreement, and the deposit was considered as a way to secure the tenant’s obligations.

Today, the use of a deposit when renting out an apartment can be based on. Article 381.1 of the Federal Law No. 51 of the Civil Code is called “Security Payment”.

From its theses it follows that a security payment is a monetary obligation to compensate for losses in the event of non-compliance with the terms of the contract.

In the event of the occurrence of circumstances predetermined by the contract, the amount of such payment is used to fulfill the obligation.

It is said that the security deposit is returned in the absence of specified circumstances, unless otherwise provided by agreement of the parties.

What is a deposit when renting an apartment?

The feasibility of a deposit when renting an apartment depends on the estimated value of the property. Typically, a deposit is required when renting out an apartment with good repairs and expensive furnishings.

They rarely ask for a deposit for an empty or unkempt apartment, simply because there is nothing to spoil there.

In such a situation, a deposit is often made to ensure payment of rental payments. The amount of the deposit is set by the owner of the apartment and is not limited in any way.

It depends only on how much the owner values ​​his property. That is, it can be either 100% of the monthly payment or equal to several rental payments.

If the deposit volume is too large, installment payments may be used, when the deposit is paid in installments over several months.

In order to avoid disagreements regarding making and returning a deposit, the conditions for its application must be spelled out in detail. As a rule, the conditions are included in the lease agreement as a separate clause.

But you can draw up an additional agreement to the main contract and stipulate in it all the nuances in as much detail as possible. An important condition for making a deposit is the drawing up of a property acceptance certificate.

This requirement is not mandatory, but it can protect against dishonesty of the parties. The acceptance certificate describes the property in the apartment with a detailed description of it.

You can attach a photo of the interior to the document. At the end of the lease, a lease is drawn up to the owner. Based on it, it is determined whether there is damage to property.

In the absence of a transfer and acceptance certificate, any statements regarding the condition of the property will be unfounded. It is not possible to prove that the property was in poor condition or that the damage was caused by the tenant.

Conclusion of an agreement

When drawing up an apartment rental agreement with a security deposit, you should follow the standard template.

That is, the contract stipulates such basic points as:

• subject of the contract;
• apartment address;
• details of the parties;
• link to the title document for the apartment;
• information on the number of residents indicating their details;
• procedure for paying rent;
• period of validity of the contract.

As for the terms of the warranty, the following points are stated in a separate paragraph:

• the amount of the security deposit;
• order of entry;
• purpose of payment;
• return conditions.

An option is possible when two contracts are concluded. One is about renting an apartment, and the second is about a deposit. The subject of collateral is the security deposit.

The pledge agreement lists the obligations of the tenant (mortgagor), including ensuring the safety of property, payment of utility bills, the need to notify of early termination of the lease agreement, etc.

The possibility of the pledgee to recover losses from the security deposit is also indicated. It is imperative that the deposit be returned in full if the tenant properly fulfills his obligations.

Between individuals

From a legal point of view, an apartment rental agreement is concluded when one of the parties to the transaction is represented by a legal entity.

If the tenant and the landlord are individuals, then the property is an apartment. But, despite the legal nuances, in reality these definitions are identical.

The agreement is drawn up in two copies, one for each party. When involving an intermediary or a notary, a third copy is drawn up.

It is worth touching on the need for state registration of such an agreement. Apartment rental agreements can be “short” (up to one year) and for a period of a year or more.

The difference is that a “short” agreement (up to eleven months) according to state registration is not subject to state registration, unlike an agreement concluded for a period of one year.

A “short” contract can be extended with an additional agreement. You can include a provision for automatic extension in the contract, provided that neither party has expressed a desire to terminate the legal relationship a month before the expiration of the agreement.

When concluding an apartment rental agreement, individuals can also include a provision for a security deposit in the text of the agreement or formalize the payment of a security deposit in a collateral agreement.

Regardless of how the rental agreement is extended, as long as it is valid, the terms of the security deposit are also valid.

Do I need a return?

When drawing up an agreement, the conditions for returning the deposit deserve special attention. It is necessary to indicate under what circumstances and for what purpose the lessor can use the deposit amount.

It is necessary to specify in detail the terms and procedure for returning the security deposit. It is not uncommon for the landlord to be unwilling to return the security deposit.

The reason is simple - the money has been spent, and it will have to be reimbursed from your own budget. Therefore, “prudent” landlords include in the contract a condition on using the deposit as the last rent payment.

There is nothing illegal in such use and this option is possible. However, if property damage or unpaid utilities are discovered when residents move out, it will be quite difficult to reimburse them.

Therefore, you should not confuse the concepts of deposit and rent. It is more rational to stipulate in the contract the return of the deposit after the expiration of the contract period in the absence of claims against the tenant.

If daily

Daily apartment rentals are currently in great demand. Therefore, many owners prefer this option for renting out property, which allows them to quickly receive cash.

But in this case, the landlord is even more unprotected. A tenant who is not interested in further residence does not consider it necessary to take care of the safety of the property.

This often leads to losses that are not covered by the rent. The solution is to use an instrument such as a deposit.

Landlords have a golden rule: when renting out an apartment, take not only the first month’s rent, but also some money as security, the so-called “security deposit.” For the owner of the apartment, of course, depositing the amount serves as a kind of insurance, but for the tenant, sometimes it is simply a huge amount.

The tenant moves into a finished apartment, with furniture and household appliances, and the amount of property can reach large sums, and all this wealth has to be given to practically a stranger, and no one knows what he can do with all this.

A security deposit can protect you from all these troubles, although its amount does not cover the total cost of the property.

The apartment owner hopes that the funds paid will force the tenant to handle the apartment carefully. And if he wants to get the insurance amount back, he will not cause trouble in the apartment and spoil the appearance and equipment.

Why is a security deposit necessary?

The deposit is needed, first of all, to protect the rental property from negative phenomena, for example, various damage to property, etc. He acts as a guarantor of the fulfillment of all conditions stipulated in the contract. The deposit has different names: security deposit, guarantee payment, etc.

How to return the insurance amount

To receive a refund, these conditions must be specified in the rental agreement. If the owner receives back what he rented out unchanged, then the deposit is returned to the tenant. But this practically never happens, because after living for several years, the natural wear and tear of the home occurs.

What is the difference

Some tenants sometimes confuse these concepts, but the legal essence of a security deposit and a security deposit are completely different.

The deposit is a certain amount, which is paid by the future tenant for the intention to rent an apartment; in another way, this can be called a kind of reservation. But now, when renting housing, they do not use it, but use a security deposit, although people still call it a deposit.

Usually the security deposit is paid at the time of signing the lease and is equal to the cost of living for a month, while the security deposit cannot be paid for the last billing period of the stay.

It is not considered a payment, but an insurance amount in the event of damage to either the apartment or the owner’s property. The security deposit does not cover utility or telephone debts.

Is it possible to save money?

If you rent only “walls”, without furniture and furnishings, then the owner risks practically nothing, and in this case a deposit may not be charged. Well, in all other cases, it is unprofitable for the owner to rent out housing without safety nets.

So that the owner of the apartment cannot attribute other people’s debts to you and not return the deposit on this basis, ask him to present a certificate from the management company and the telephone exchange about the absence of debts: this way you will be responsible to the owner only for what you owe to the utility companies yourself.

You can take photos, where you can see all the damage to furniture and appliances from a larger angle, so that the owner does not insist on compensation for damage caused by the scratch.

If we really talk about savings, then you can agree with the owner of the apartment to split the payment over several months, and indicate in detail about the deposit payments in the lease agreement: when, in what amount the funds will be transferred. In addition, you can save on the last payment for renting housing: talk to the owner, maybe he will agree to accept it as payment for living?

All grounds for depositing insurance amounts must be clearly stated in the contract, as well as the conditions under which the deposit can be returned to the tenant.

As for the landlord, he also has the opportunity to save money in the event of early termination of the lease; the funds will be able to compensate for the loss of rent.

And numerous disputes about the taxation of the amount of the security deposit have no legal basis: this amount is not listed as the landlord’s income, but only as a security measure and can be returned subject to the terms of the contract, which means that the landlord saves on taxes.

What does the law say about security deposits?

The transfer of the insured amount does not happen just like that, but on the basis of a lease agreement, which means that contractual relations are drawn up, which are regulated Chapter 35 of the Civil Code of the Russian Federation, and the tenant pays either a deposit or a security deposit for renting the premises.

Under the deposit, or security deposit, stipulated in Articles 380 - 381 of the Civil Code of the Russian Federation, it is customary to understand a certain amount that is transferred to the owner of the apartment as security in the event of damage.

If the tenant does not enter into a lease agreement, then this amount remains with the owner, and if the owner of the property changes his mind about entering into a contractual relationship, then he is obliged to return a double amount.

The concept of pledge is given in Art. 334 Civil Code, and means a guarantee of the conclusion of contractual obligations between the parties, that is, the lease agreement must be concluded only with the one who paid the deposit for the apartment.

Renting an apartment is a fairly profitable business, but risky, especially for landlords. Many property owners want to protect themselves and their property from dishonest tenants. The deposit acts as such a guarantor. A security deposit when renting an apartment is a kind of compensation for possible damage, a safety net for the landlord in the event of property damage or arrears on utility bills. This will be discussed in more detail in the article.

Security deposit when renting an apartment

What is a deposit when renting an apartment and how is it calculated? The amount of the contribution is determined by the parties based on various reasons. Sometimes, this may be the average price for one piece of equipment in an apartment, or just some arbitrary amount, but most often the insurance payment is equal to a month’s rent.

When the rental period comes to an end, the owner must inspect the premises and all things in it. If anything is damaged, the amount required for restoration will be deducted from the deposit.

It happens that the deposit size is not enough. Then the tenant is obliged to pay the required amount. If, after purchasing a new item or carrying out repairs, money remains, the owner of the premises is obliged to return it. It is possible that no damage will be caused to the apartment, and utility bills will be paid in full. Then the deposit is returned in full.

The security deposit is a guarantee of compensation for material damage in the event of property damage

Legal regulation of insurance premium

There is no clear regulation of deposits by law. It is indirectly affected by Articles 662 and 1064 of the Civil Code of the Russian Federation. The first states that all property transferred for temporary use must be returned in good condition, but taking into account natural wear and tear. That is, the landlord cannot demand from tenants to compensate for the repair of a faucet that is dripping from age or to pay for the purchase of new curtains, since the old ones have faded in the sun. But if the tenants' pets tore the wallpaper, or the tenants themselves, for example, broke a mirror, they must pay for the damage caused. This is stated in Article 1064 of the Civil Code - to compensate for damage in any way by agreement of the parties.

Article 329 of the Civil Code calls on the parties to the contract to independently decide for what purposes, as well as under what circumstances, the security deposit will be used.

All this must be stated in the lease agreement or in an appendix to it. Most often the contribution is used:

• to pay for repairs of damaged items;
• to buy damaged items;
• in case of non-payment of utility bills;
• in case of early unilateral termination of the lease agreement.

It is very important that the contract spells out all the points under which the apartment owner has the right to use insurance funds. When it is determined what the deposit will be used for, as well as its size, it is time to pay the amount. You can transfer money in cash or by bank transfer. In both cases, a receipt must be drawn up, which will contain the registered passport details of the parties and the amount that was transferred. For non-cash payments, additional confirmation is a bank statement.

The amount of the security deposit is returned to the tenant upon expiration of the rental period

Property inventory act

Of course, the tenant also wants to protect himself and not pay money in vain. To ensure that no misunderstandings occur at the end of the lease agreement, it would be a good idea to draw up a transfer and acceptance certificate, which will describe in detail the condition of the apartment. You need to write everything down, indicating all the features and nuances (scuffs, chips, scratches, etc.):

• general condition of the apartment;
• furniture;
• technology;
• plumbing.

Such an annex to the agreement will help the tenant feel more confident and avoid possible disputes between the parties. Be careful when drawing up this document, do not be lazy to indicate everything in as much detail as possible. If something is missed, then in the future it will be difficult to claim damages for the breakdown or, conversely, to prove your non-involvement.

Additionally, it is worth indicating the status of payment of utility bills: meter readings, presence of debt or overpayment. If possible, attach photographs of the apartment with all its contents to the deed. All this must be certified by the signatures of the parties to the transaction. Of course, you may not make an inventory of the property, but in this case it will be difficult to prove when, for example, a vase was broken. Without relevant documents, all statements are unfounded.

How is the deposit returned?

So, the lease has ended - what happens to the deposit? The landlord must inspect the apartment and property to ensure that the tenant returns everything to him in good condition. If there are no claims, then the insurance amount is returned to the payer in full. The transaction, as with payment, is accompanied by a receipt. It must indicate that the amount of the security deposit was returned, its size, passport data and signatures of the parties.

Unfortunately, in practice, property damage is a fairly common occurrence. If this fact was discovered, then under the lease agreement the former tenant is obliged to compensate for the damage caused. If equipment or furniture is broken, you need to pay for repairs or purchase a new item. If the repair is damaged, then cover the cost of materials and labor.

Often, in the first case, the parties cannot agree on whether to repair or replace. And it is better to stipulate this point in the contract at the stage of the initial transaction. Most often they choose what will cost less.

It may also happen that the amount of the insurance payment is not enough to cover the costs. Then the tenant must pay the required difference to the owner of the apartment. In the opposite situation, the remaining amount is returned by the lessor. When assessing damage, one should not forget about the above-mentioned Article 662 of the Civil Code of the Russian Federation, which talks about depreciation. Items may become unusable due to normal wear and tear, and the tenant does not have to pay for this.
If the parties cannot come to a common agreement, then their dispute is resolved in court.

The security deposit is included in the rental agreement

Advantages of a security deposit when renting an apartment

Not everyone agrees with paying the insurance amount when renting a home, but most often both parties are in favor of having it. It is the security deposit that insures the interests of both the landlord and the tenant. But first of all, it ensures the safety of the apartment owner:

1. The risk of property damage is reduced.
2. If damage is detected, you will not have to compensate it from your own funds.
3. If there are unexpected (unpaid) bills, you will not need to pay them yourself.
4. At the request of the parties, you can specify a lot of additional points where the insurance payment will be applied.

But everything is not so ideal: the deposit for the apartment may be much less than the damage caused. And the actions in this case are also better described in the contract.

At first glance, it may seem that the insurance premium is beneficial only to the owner of the apartment. However, this is not so: he guarantees the provision of the necessary living conditions to the guest. The disadvantages here include additional expenses. But if the property is handled with care, the deposit amount will be returned in full, and the tenant will not suffer any financial loss.

Renting an apartment without insurance

Having studied the rental property market, you will notice that not all homeowners require an insurance payment. Sometimes you can do without it. Most often, its use is abandoned in the following cases:

1. The apartment is unfurnished. But even then, it makes sense to consider the deposit option - after all, there are at least plumbing and repairs that can also be ruined. For example, breaking a window or sink.
2. The apartment is in poor condition. Here, as they say, “the master is the master.” Whether the tenant agrees to live in such conditions, while saving on rent and deposits, is his choice.
3. A room is rented, while the owner of the apartment lives here and can constantly monitor the order and safety of the property.
4. Personal desire of the landlord.

But still, most often apartments are rented and rented with a security deposit.

A security deposit differs from a security deposit in that it has a return guarantee.

The difference between a deposit and a pledge

Many people (both property owners and their tenants are guilty of this) do not understand the difference between security deposit and insurance payments. And it’s very good if the transaction is made with the help of a real estate agent who can clearly explain the difference between these concepts.

The deposit is a one-time payment that is transferred to the owner of the apartment at the time of concluding the contract and, as it were, confirms the tenant’s desire to rent this particular property. If for some reason the tenant changes his mind, the security deposit will not be returned. The amount of the deposit is fixed and is equal to payment for a month's stay. That is, in essence, the new tenant pays the landlord for two months of living in the apartment - for the first and for the last.

The further fate of the collateral must be documented. Most often there are two scenarios:
The amount remains until the end of the lease, and then simply covers the last month of living in the apartment. This is convenient for both parties. The owner of the apartment is not afraid that the tenants will move out and not pay.

This is simply beneficial for the tenant, since moving from place to place is an expensive undertaking, and here is a month of paid rent. The amount is returned to the tenant after 2-4 months, subject to timely payment of accommodation and utilities. This option is less popular, but is not excluded.

To summarize, we can say that a security deposit is an excellent tool that provides additional protection to the property owner from possible losses. In practice, it has long been used in all civilized countries, and both sides have no doubt about its significance. The main thing that is needed when collecting a security deposit is to correctly draw up an agreement, describing all the nuances, and then the insurance premium will actually fulfill its main function.

What is a rental deposit? Security deposit, aka security deposit implies a sum of money approved by both parties to the transaction, contributed by the tenant as a guarantee of compensation for possible losses in the event property damage landlord.

In other words, the insurance deposit when renting out housing is insurance for hypothetical damage, which the tenant can bring to the owner in the event of, for example, flooding of neighbors, breakdown of furniture, equipment, etc.

If, at the end of the rental contract, the premises are transferred to the landlord in its original form, the deposit refunded in full.

If, after the return acceptance and delivery of the keys, a discrepancy with the original condition is revealed, the lessor has the right to withhold the required amounts from the deposit to cover expenses.

Definition of collateral

This is the amount when renting out a property that the tenant pays as guarantee of your intention to rent housing until a certain period (usually until the end of the contract, if any).

Often verbal agreements include the wording “first and last month of rent”, that is, the tenant pays 2 monthly living expenses, one of which is payment for the current month, and the second is collateral for his intentions to rent housing for at least another month.

Unlike a security deposit, the deposit covers only the cost of delivery and is not intended to compensate for losses in case of property damage.

However, by mutual agreement of the parties, at the end of the rental period, the security deposit can be used to reimburse the cost of repairs/cleaning (for example, if tenants leave earlier than the period stipulated in the contract), just as the insurance deposit can be used to payment for the last month of stay.

How to get this money back for renting out an apartment? Its amount, as well as the amount of the security deposit, is kept by the lessor until the end of the contract. These types of security deposits do not in any way relate to the commission for the services of an agency/private realtor.

Commission– this is the money that is paid to the intermediary and is not returned at the end of the lease term, unlike the insurance deposit.

Find out what it includes from our article.

Purpose

Is a security deposit required when renting out a residential property?

The feasibility of making an insurance contribution most often depends on estimated value of housing which is for rent.

Typically, a security deposit is requested when renting out housing with European-quality renovation and the presence of expensive equipment. Find out on our website how to rent a home with furniture and appliances.

For empty or “killed” apartments, the deposit is usually don't require, in contrast to the deposit, which is tied not to the condition of the housing, but to the cost of monthly rent.

The deposit amount is set personally by the owner. Often, in order to reduce the financial burden on the tenant, the owners agree to pay the deposit amount in installments during the first 2-3 months of residence.

In legislation no separate provision is provided, which defines the concept and purpose of a security deposit for rental housing. This type of transaction insurance can be indirectly attributed to the contractual type of fulfillment of obligations in accordance with. Art. 329 of the Civil Code of the Russian Federation “Methods of fulfilling obligations.”

Civil Code of the Russian Federation Article 329. Methods of ensuring the fulfillment of obligations

1. Fulfillment of obligations may be ensured by a penalty, a pledge, retention of the debtor's property, a surety, an independent guarantee, a pledge, a security deposit and other methods provided for by law or contract.
2. The invalidity of an agreement to ensure the fulfillment of an obligation does not entail the invalidity of the agreement from which the main obligation arose.
3. If the agreement from which the main obligation arose is invalid, the obligations associated with the consequences of such invalidity to return the property received under the main obligation are considered secured.
4. Termination of the main obligation entails the termination of the obligation securing it, unless otherwise provided by law or contract.

What does a rental contribution mean? Based on the meaning of the law, the security deposit is equal to other methods ensuring the fulfillment of obligations, such as surety, pledge, retention of the debtor’s property, etc.

However, the concept of “security deposit” does not appear in the text itself, which often becomes the cornerstone in disputes regarding the legality/illegality of withholding the deposit to cover losses, etc.

Is the amount refunded?

Is the deposit refunded when renting a property? As mentioned above, if the tenant conscientiously fulfills his obligations specified in the contract (timely payment of monthly payments, safety of property, etc.), the landlord obliged to return it in full.

The most common argument motivating the non-return of money is the difference in views between the owner and the tenant on the condition of the housing at the end of the rental period.

There is such a thing as depreciation or normal wear and tear rental property - for example, loose hinges, washed floorboards and other small parts. But a broken window or a burnt sofa cannot be attributed to natural wear and tear.

If the owner explains the non-return of the deposit by the presence of losses related to normal wear and tear, there is every reason to sue him by filing a claim for unjust enrichment.

You can learn about this from our article.

How to refuse payment?

To require a security deposit or not - personal decision of the landlord. But the owner is obliged to warn the potential tenant about this side of the deal even before concluding the contract, so that the latter can calculate his financial capabilities.

If the tenant presents a “surprise”, announcing the need to pay it after moving in, the tenant has the right to refuse- after all, the primary contract did not provide for the presence of insurance amounts. To protect yourself from such “swings”, it is advisable to clarify the issue of the security deposit at the stage of home inspection.

Finally, let us remind you that the security deposit and security deposit are primarily safety measures, rather than additional ways to make money as a tenant.

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Renting apartments, like other residential premises, is a rather complicated process. When concluding a lease agreement, both participants risk falling for scammers or simply unscrupulous people, because of whom they risk suffering losses.

Based on this, many owners began to demand the payment of a security deposit. This concept is not new, but it is quite rare to encounter it. Let's try to figure out what a security deposit is, and also learn a number of features of drawing up a lease agreement with a security deposit.

What does a security deposit mean when renting an apartment?

- a certain amount of money that is paid to the landlord by the tenants. The essence of this payment is that in the event of unforeseen circumstances, the owner will simply keep this money for himself and compensate for the damage at their expense. At the same time, he will not have to look for tenants, ask them for compensation, or go to court to receive compensation.

Almost always, apartments are rented together with furniture and household appliances. Having a closet, sofa, refrigerator, stove and more makes life a lot easier for the tenant who can simply pay the rent and move in without having to worry about a thing. But on the other hand, there is an owner who, when renting out his property, is exposed to constant risks.

These risks are as follows.

Damage to property or theft;

Damage to plumbing or repairs in general;

Accumulation of unpaid utility bills;

Tenant leaving without paying for accommodation;

Bay of neighbors.

This list can be continued indefinitely, but the essence remains the same - the landlord risks incurring losses due to careless tenants.

It is important to know that legal documents do not indicate this clause regarding a lease or rental agreement. This means that it is not mandatory.

It is also worth immediately understanding what can be called damage and what cannot. During the rental process, residents are given items that they regularly use.

Long-term use of an item will certainly lead to the fact that it will lose its presentation and will clearly not be new. So, this is considered depreciation, and not damage at all.

That is, if the property has slightly lost its marketable appearance, but is still in good working order, there can be no talk of any compensation. In turn, if the residents break something, smash it, burn it or steal it, this is damage that can be compensated for by the security deposit.

The security deposit is a negotiable amount, and is often equal to the amount of the monthly payment for renting an apartment.

How to draw up a rental agreement correctly

Of course, you can draw up an additional agreement on the creation of a security deposit. But it is much easier to simply add this clause as another condition of the contract.

In this case, you should not just write “Security deposit - 5000 rubles”, but describe where and how this amount can be spent by the owner of the apartment. Also indicate when the money will be transferred to the deposit account.

A similar clause can be included in a lease or rental agreement and described in detail on the basis of Article 329 of the Civil Code of the Russian Federation. This article also states that when it comes to a security deposit, the amount, conditions and terms must be precisely defined.

Often, the security deposit is handed over either to the property owner, or a deposit account is opened in a bank. You can open a security deposit in absolutely any bank, because this is a simple and standard banking procedure.

This option is the safest, because each participant knows where the money is stored. In addition, the deposit amount is constantly growing due to interest.

You can transfer the amount in cash to the owner, but then you must take a corresponding receipt from him stating that he accepted the money. Also, parties to the agreement can choose any option convenient for themselves.

It should be noted that the security deposit has a serious connection with the act of acceptance and transfer of property. Experts recommend always drawing up a transfer and acceptance certificate, because this document allows you to fully indicate the list of property being rented out and indicate its condition.

The use of the security deposit will apply specifically to damage to things that were indicated in the acceptance certificate as being in good working order.

When a security deposit is not taken when renting an apartment

It should be said right away that the condition of the security deposit is not mandatory to be included in the contract. A lot of leases and rental agreements are concluded without this condition.

But there are still circumstances in which including this item is not the best idea:

The rented premises do not have any furniture or equipment;

There are no expensive repairs or any valuable items in the rented premises.

In a word, everything depends on the wishes of the owner. If he does not feel sorry for things or he is confident in his tenants, he has every right to omit the clause on the security deposit when drawing up the contract.

Refund of security deposit

The return of the security deposit to residents is a mandatory procedure, which indicates that all issues regarding the property and its condition have been resolved.

If all the property was transferred back to the owner safe and sound, he must return the security deposit in full. Also, if the deposit was in a bank, all interest received on the amount must also be transferred to the employers.

If property damage does occur, you must proceed as follows. The property owner must notify the tenants of the damage, and then they must agree together on how much money should be spent to cover the damage or repair costs.

It's easiest when it comes to household appliances because it's easy to find out their price and repair costs. The situation is much more complicated when it comes to damage to tiles, linoleum, parquet or other coatings.

If the owner and tenants were able to agree, then the agreed amount remains with the landlord, and the remainder is transferred to the tenants. If it was not possible to reach a common denominator, the owner has every right to go to court. The employer also has the same right if the owner does not want to return the security deposit or asks for too much compensation.

There are often cases when the damage far exceeds the amount of the security deposit. In this case, the parties can either reach an agreement on their own or go to court to determine the amount that will cover the damage caused.

Advantages and disadvantages of renting with a security deposit

First, let's look at the advantages of renting with a security deposit for the owner of the rental property:

You don't have to worry about the safety of your property. As practice shows, if there is a security deposit, then employers are more careful and careful with their property;

There is no risk that residents will not pay utility bills. It’s just important not to forget to indicate in the contract that the security deposit can be used to pay for utilities;

There is no risk that tenants will run away and not compensate for the damage.

For the tenant, such a point is not entirely positive. On the one hand, if the tenant agrees to pay a security deposit, the owner begins to treat him better and trust him more.

On the other hand, if the owner is unscrupulous and the transfer and acceptance certificate was drawn up carelessly, the tenant may lose money for alleged theft or damage to any things. To avoid this, it is necessary to study the texts of all documents as carefully as possible before signing.

Very often, the security deposit is also called payment for the last month of residence. This is quite convenient, because the owner immediately receives the required amount, and the tenant can, at the end of the contract, live off this amount for the last month.

Let's consider the list of all the points that should be indicated in the contract to avoid most problems and disagreements:

Transfer and acceptance certificate;

Procedure for compensation of damages;

Rights and obligations of each party;

Conditions for the return of the security deposit;

Conditions for termination of the contract.

Sample apartment rental agreement with security deposit

LEASE AGREEMENT FOR APARTMENT (RESIDENTIAL PREMISES)

Moscow

« ____ » _____________ 20 __

Mr. _____________________________________________________________________ ___________________________________, hereinafter referred to as the “Lessor”, on the one hand, and

Mr. _____________________________________________________________________
_________________________, hereinafter referred to as the “Tenant”, on the other Party, collectively referred to as the “Parties”,
have entered into this Agreement (hereinafter referred to as the Agreement) as follows:

1. The Subject of the Agreement

The Lessor, for a fee, provides the residential premises owned by him to the Tenant for use for living in it.

The specified residential premises are located at the address: Moscow, st.____________________

house no. ______ apt. No. ______, hereinafter referred to as “Apartment”

The apartment belongs to the Lessor on the basis of _________________________________
_______________________________________________________________________________
_______________________________________________from _____ registered in the register, under No. ________________, a copy of which is attached to the Agreement as Appendix No. 1, which is an integral part thereof.

The apartment has the following characteristics:
living area: _______ sq. m.
number of rooms: _______.

2. Rights and obligations of the Lessor

2.1. Provide the Tenant with the Apartment in a condition suitable for habitation, and the equipment installed in it, as well as other property specified in Appendix No. 3 in good condition within ______________ days after signing the Agreement.
The transfer of the Apartment is carried out by the Parties by signing the Acceptance and Transfer Certificate of the Apartment in the form specified in Appendix No. 2 to the Agreement.
2.2. The Lessor guarantees that the Apartment at the time of conclusion of the Agreement is not in a legal dispute, under arrest, and is not encumbered with the rights of third parties.
The Lessor undertakes:
2.3. Furnish and equip the Apartment in accordance with Appendix No. 3 to the Agreement.
2.4. Do not interfere with the Tenant’s lawful use of the Apartment.
2.5. Carry out maintenance of the Apartment and the equipment in it.
2.6. Pay all utility bills for the Apartment during the validity period of the Agreement, with the exception of electricity bills, as well as for long-distance and international telephone calls made from the phone _____________________________. At the same time, the Lessor guarantees that at the time of concluding the Agreement there are no debts on the specified accounts.
2.7. The Lessor has the right ________ once a month on the _____ day of each month to visit the Apartment and carry out an external inspection of its condition, having notified the Tenant about such a visit ________ days in advance.
2.8. In the event of damage to the Apartment, furniture and/or equipment, the Lessor has the right to withhold the amount of damage agreed upon in writing with the Tenant from the security deposit.
2.9. Accept from the Tenant the Apartment and the property and equipment located in it, specified in Appendix No. 3 to the Agreement, no later than _________ days from the date of termination of the Agreement.

3. Rights and Obligations of the Tenant

3.1. The Tenant is obliged to use the Apartment only for living, ensure the safety and maintain in proper condition the Apartment and the property and equipment located in it, specified in Appendix No. 3 to the Agreement.
3.2. Timely pay rent for the Apartment to the Lessor within the time limits and in the manner established by this Agreement and pay bills for electricity consumption, long-distance and international telephone calls.
3.3. The Tenant has no right to sublease the Apartment.
3.4. Inform the Lessor on all issues and circumstances related to the Apartment. Communications must be timely and complete.
3.5. Have pets in the Apartment only with written permission from the Landlord.
3.6. Carry out repairs or make any changes in the Apartment with the written permission of the Landlord.
3.7. Transfer to the Lessor the Apartment, property and equipment specified in Appendix No. 3 to the Agreement, received by him in accordance with the Apartment Acceptance and Transfer Certificate, in good condition, taking into account normal wear and tear, no later than _________ days from the date of termination of the Agreement.
3.8. Maintain silence at night, do not carry out repair work at night, morning and evening hours, as well as on weekends.

4. Terms of Payment

4.1. The monthly rent is set at __________________________
_____________________________________________________________________________ .
4.2. The first payment will be made by the Tenant to the Lessor in the amount of ___________________________________ (__________________________________________)
for the first ______ month(s) of the rental period and a security deposit in the amount of ________________
_________________________ (____________________________________________________)
within ______ banking days from the date of signing the Agreement.
4.3. Further payments will be made in advance monthly/quarterly until the ______ day of the paid period.

5. Responsibility of the Parties

5.1. The Tenant is responsible for damage to the Apartment, property and equipment, as well as adjacent premises caused by the fault or gross negligence of the Tenant and/or members of his family, his guests, as well as pets. Natural wear and tear is not taken into account when determining damage.
5.2 The Lessor is responsible for the shortcomings of the rented Apartment, furniture and equipment that completely or partially prevent the use of them, even if at the time of concluding the Agreement he was not aware of these shortcomings, with the exception of the shortcomings that were agreed upon by him at the conclusion of the Agreement and are reflected in Appendix No. 2 to the Agreement.
5.3. If payment for the Apartment is delayed by more than _______ banking days, the Tenant shall pay a penalty in the amount of _______% of the timely unpaid amount for each day of delay.
5.4. Payment of the penalty does not exempt you from fulfilling your obligations under the Agreement.

6. Grounds for early termination of the Agreement

6.1. The Agreement may be terminated at the request of either Party if the other Party does not comply with the terms of the Agreement. In this case, the Party on whose initiative the Agreement is terminated is obliged to notify the other Party in writing _______ days before the termination of the Agreement.
6.2. The Tenant has the right to terminate the Agreement at any time by notifying the Lessor in writing ______ month(s) prior to termination of the Agreement.
6.3. The Lessor has no right to terminate the Agreement unilaterally before the end of the lease term if the Tenant complies with all the terms of the Agreement, except for the case specified in clause 6.4 of the Agreement.
6.4. In case of violation by the Tenant of its obligations under the Agreement, the Lessor has the right to early termination of the Agreement on the grounds and in the manner provided for by the Civil Code of the Russian Federation.
6.5. In the event of termination of the Agreement, the amount of the prepayment for the Apartment and the security deposit, minus the agreed amounts of damage to the Apartment, furniture and equipment, if such damage was caused through the fault or gross negligence of the Tenant and/or members of his family, as well as guests and pets, shall be returned to the Tenant no later than 7 (seven) days from the date of termination of the Agreement. Natural wear and tear is not taken into account when determining damage.

7. Duration of the Agreement

7.1. The rental period is ______________ days.
7.2. The rental period begins from the moment the Apartment is transferred by the Lessor to the Tenant.
7.3. The Agreement may be extended by agreement of the Parties, as well as in cases provided for by the Civil Code of the Russian Federation.

8. Force majeure

8.1. The Parties are released from partial or full fulfillment of obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.

9. Additional terms

9.1. The following persons will live in the Apartment with the Tenant:
1. __________________________________________________________________________
2. __________________________________________________________________________
3. __________________________________________________________________________

9.2. Damage to the Apartment, furniture and equipment caused by the fault or gross negligence of the Tenant and/or members of his family, his guests or pets, which is not a consequence of natural wear and tear, is recorded by the Parties in writing.
9.3. All disputes and disagreements that are not resolved by the Parties through negotiations are referred to the court. The parties have agreed that legal disputes arising between them from the Agreement will be considered in court at the location of the Lessor.
9.4. All changes and additions to the Agreement are made in writing and are an integral part of the Agreement.
9.5. This Agreement is signed in two copies, one for each of the Parties, having equal legal force.
9.6. The Agreement comes into force from the moment it is signed by both Parties.

10. Addresses for notifications and bank details of the Parties

Landlord
Mr./Ms. _____________________________________________________________________
Passport
Address:
Fax machine:
Tel.:
Mobile:
Bank details:

Tenant
Mr/Ms: ___________________________________________________________________
Passport
Address:
Fax machine:
Tel.:
Mobile:
Bank details:

11. Signatures of the Parties

Tenant _____________________ Landlord _______________________

APPENDIX No. 2

To Lease Agreement No. ______ dated _____ _______________ 20___

ACT OF ACCEPTANCE AND TRANSFER OF THE APARTMENT

"____" ____________________ 20____

This act has been drawn up and signed in two copies between
________________________________________________________________ (Tenant) and

______________________________________________________________ (Lessor) on the basis of the above-mentioned Lease Agreement.

The Lessor hereby transferred and the Tenant accepted the Apartment located at the address:
Moscow, _________________________________________________, house No. ___, apt. ___ (Apartment).

The Apartment was transferred by the Lessor and accepted by the Tenant in a condition consistent with the terms of the Lease Agreement and Appendices No. 1 and No. 3 thereto.

The Landlord handed over and the Tenant accepted ______ sets of keys to the Apartment.

The inspection of the Apartment did not reveal any obvious deficiencies, other than those that may be indicated in the attached list:

_________________________

_________________________

_________________________

_________________________

_________________________

LESSOR _________________________

APPENDIX No. 3

to Lease Agreement No. _____, dated _____________ 20____

Bedroom

Curtains

Double bed

Nightstand

Wardrobe

Table lamp

TV

Living room

Sofa/sofa

TV stand with shelves

Coffee table

TV

Curtains

air conditioner

Kitchen

Kitchen stove

Dinner table

Fridge

Dishwasher

Microwave

Hallway

Wardrobe

Coffee table

a guest room

Desk

air conditioner

Curtains

Double bed

Nightstand

Bathroom

Washing machine

Dryer

TENANT _________________________

LESSOR _______________________