Tips on how to rent an apartment correctly so as not to be deceived. Three main mistakes of the owner of a rental apartment Rules for renting an apartment

How to formalize a transaction for renting an apartment with the least loss for the nervous system?

To rent out your apartment, you can contact a real estate agency, or you can find tenants yourself and conclude a rental agreement with them. Realtors will do all the work for you, but, of course, you will have to pay for their services.
If you decide to do it on your own, the first step is to look for future tenants. You can, for example, advertise in local newspapers or post flyers on special bulletin boards.
When you find tenants, discuss all the conditions with them and draw up a rental agreement for the apartment. It is this document that will regulate your future relations, that is, the relationship between the landlord (this is you) and the tenant (this is your tenant).

• § Clause 2 Art. 30 Housing Code of the Russian Federation

• § Art. 671 Civil Code of the Russian Federation

Such an agreement is drawn up in free form. You can type it on your computer or just write it by hand. There is no need to register the paper anywhere. It is also not necessary to go to a notary, it is at your discretion. That is, there are no complicated procedures. You only need to prepare 2 written copies of the agreement, one for the landlord, the other for the tenant.
The text must necessarily contain the full names and passport details of the parties, the address of the apartment, and an indication of documents confirming the ownership of the landlord.
We advise you to enter into a short-term contract for a period of up to 1 year. This is the most convenient option. If the employers are completely satisfied with you, you can renew the contract. Also be sure to indicate the terms of payment: what amount, within what period the tenant must pay. Decide who will pay for utilities, you or your employer.

When drawing up an agreement, try to provide for all possible conflicts. It might be worth specifying how often you will come to the apartment to check its condition or, for example, indicate whether residents can have pets in your apartment.
Also indicate in the contract the sanctions that will be applied to the violator in case of failure to comply with the conditions. We advise you to make a list of the property that remains in the apartment (furniture, appliances, etc.) and describe its condition. This can be documented in the apartment transfer and acceptance certificate, which is attached to the contract. Or you can include such information in the contract itself.
Once the document is signed, you can let residents in. If employers do not comply with the points specified in the contract, go to court.
Please also note that you, as a landlord, are required to pay personal income tax. Be honest with the law. Then you can avoid a number of problems, including complaints from envious ill-wishers.

In the housing purchase and sale market, as a rule, the buyer takes more risk: it is he who can subsequently have his property rights sued. In the housing rental industry, the opposite is true: clients come and go, and the owner of the living space bears increased risks.

Renting out temporarily vacant housing is a popular business or part-time job for many homeowners. However, not all landlords know what risks and difficulties they will have to face if they want to make money in such a simple and seemingly harmless way.

Hotline

First of all, owners who wish to independently find a tenant for their apartment may encounter unexpected complications. They must be prepared for a barrage of calls from potential clients at any time of the day or night. It usually takes a lot of time to sort out suitable employers - from one or two days to a week. When independently selecting potential tenants, another difficulty arises - how to choose the “right” tenant. It is very difficult for a novice landlord to objectively evaluate a client upon first meeting and understand what can be expected from him, what kind of background does this person have, for what purposes will he use someone else’s property?

The solution to the problem may be to contact an experienced realtor specializing in the residential rental market.

Looking for silence

When the tenant is finally selected and moved into the apartment, new risks associated with his residence arise. It often happens that problems “come” not even from the residents themselves, but from the neighbors. This happens if the people you rented the apartment to turned out to be excessively noisy tenants.

In order to insure oneself against possible disputes with residents and neighbors regarding an excessively loud music center or TV, especially in the middle of the night, the owner can include an additional clause in the rental agreement containing the phrase that the guest must comply with the law “On administrative liability for violating peace and quiet.” citizens at night." According to this document, night time is interpreted as the period from 23.00 to 7.00. And then, if neighbors complain about noise, the landlord has every reason to terminate the tenancy agreement early and evict the troublesome tenants.

Illegal business

But one of the most common risks in the rental market is the illegal subletting of housing. This scenario is most likely if the apartment owner goes on a long business trip and is unable to carry out control checks of the apartment for a long time (from two months to several years).

To protect yourself from this method of fraud, the owner of the property must necessarily enter into a rental agreement with his tenants. If it does not specifically state the possibility of subletting the apartment, the tenant does not have the right to such actions. In this case, the landlord may ask new tenants (subtenants), if any appeared in the apartment in his absence, to leave the premises and invite them to resolve all disagreements with those who illegally sublet the apartment.

An important advantage of a rental agreement is the simplicity of its execution. There is no need to notarize it, which reduces the cost and speeds up the process of concluding a housing rental transaction. Therefore, you should not neglect such a simple but mandatory detail when completing a transaction, realtors warn.

Unexpected sale

Quite rare, but also found on the rental market, is a more dangerous method of fraud - selling a rented apartment using forged documents. “Performing” such an operation is much more difficult than renting out an apartment in the absence of the legal owner to third parties, however, the profit from the scam is high. Preparing an apartment for sale takes about two to three months. During this time, scammers produce false documents and look for buyers.

The only way to avoid fraud using this scheme is by being especially vigilant. Never leave documents for real estate in the apartment itself, do not give them or your own passport to tenants “for safekeeping” or for more detailed information (it is very easy to make copies of such papers and then forge them). During control checks during the first or second month, pay attention to whether people live in the apartment permanently or are just visiting to give you the monthly rent. It would be useful to talk with your neighbors about the new residents: how often they appear in the apartment, who comes to them, etc.

Property risk

There are also frequent smaller, but still unpleasant incidents associated with renting out an apartment. One of these troubles is damage to the owner’s property. It will be especially difficult to compensate for damage if the owner did not document the condition in which he transferred the apartment to temporary residents. In such a situation, he will not be able to prove that the furniture, household appliances or window glass were intact or in working order before the tenants moved in. And, accordingly, will not be able to receive monetary compensation for losses incurred.

To protect yourself from such an outcome of events, when the tenant moves in, it is necessary to draw up an apartment acceptance certificate. It lists all the furnishings that are in the room (indicating their quantity, condition, year of manufacture, defects present on them, etc.). In the final settlement with the tenant, this inventory will help the homeowner determine what was lost or damaged during the rental period and receive compensation for it.

Communication fee

An important question that needs to be resolved when renting out an apartment: what to do with long-distance communications. Now, as a rule, the apartment will not lose in value if the owner turns off the so-called “eight” and invites the tenant to use a long-distance communication card.

Otherwise, if the “eight” remains on, the property owner should regularly check the telephone bills, as well as the fact of their payment. This will help the owner of the apartment avoid huge unpaid bills for long distance and international calls, which may show up at the end of the rental period.

We left “in English”

A risk in the same category is the unexpected departure of the employer without any warning. Tenants run away, usually wanting to avoid paying for the remaining few months of the contractual rental period and the time actually lived in the apartment. The losses can be especially great for owners who do not take rent in advance, but prefer to receive it after the fact for the past months. This, according to realtors, still occurs among retirees living in the region and who do not have the opportunity to regularly travel to the city.

If the rental agreement only contains the tenant’s passport details, and he does not live at his place of registration, then it will be almost impossible to find him. To avoid this, the owner should try to obtain additional information about his client: his place of work, work phone, mobile phone, contact details of the employer’s relatives, etc. This will allow the landlord to have at least some leverage over his client. Finally, the real amount of the rent must be specified in the contract so that the owner can claim compensation not for the fictitious cost of the rent, but for the real one.

Additional protection

You can protect yourself from many other, often force majeure, situations when renting out housing by purchasing a policy from one of the insurance companies. In this case, the owner usually insures the property, as well as his liability to third parties (in case the tenants flood their neighbors with water or otherwise cause damage to them). At whose expense the insurance policy will be purchased, the parties themselves agree. The costs can be divided in half, or the owner of the apartment will insure everything at his own expense (fortunately, today home insurance is not the most expensive pleasure).

It would also be a good idea to obtain a deposit from the tenants and specify in the rental agreement under what conditions it is returned to the tenant in full, and under what conditions it will be deducted from it for the repair of furniture, household appliances, etc.

An additional way to protect yourself is to find a tenant through a real estate agency. While searching for a suitable temporary tenant, the realtor will ensure the confidentiality of the property owner's contact information, handling the flow of incoming calls on his own and agreeing on a viewing time convenient for the landlord.

“The majority of landlords (up to 90%) use this method of finding clients, since there are no downsides to it. Fraudulent employers do not contact the agency. When an agency represents the interests of the owner, it uses a well-developed, practice-tested rental agreement. The agency controls delivery deadlines and helps resolve conflicts if they arise. In addition, professionals will help you objectively evaluate the property (since not all homeowners are able to do this on their own) and advertise it correctly.

In general, renting out an apartment falls into the category of complex and troublesome types of business, however, if you approach this issue “smartly”, having thoroughly studied it, then the possible risks and difficulties associated with renting housing can be minimized.

Fraudsters use several schemes to deceive gullible tenants.

Inattentive and legally illiterate tenants often fall for scammers when renting an apartment. This is especially true for guests of the capital who come to Moscow for the first time. The editors of RBC Real Estate found out what schemes scammers use when renting out housing.

According to experts, the first victims of scams are people who want to rent an apartment without intermediaries.

Don't go for cheap

Photo: Depositphotos/everett225

“One of the variants of deception: the fraudster rents an apartment by the day, for example for a week,” Maria Baskova, head of the rental department of the ABC Housing company, gives an example. “During this time, he manages to re-let the housing to another tenant at a price significantly lower than the market price. At the same time, the fraudster asks provide him with an advance payment for several months, and then disappears. The deceived tenant finds out that the apartment has a different owner, who knew nothing about this scheme.”

Carefully! Municipal apartment

Photo: Depositphotos/everett225

Tenants who are trying to rent a municipal apartment can also run into scammers. The peculiarity of such an apartment is that several people can be registered in it and have the right to live there. One of the residents of the apartment rents it out, hands over the keys to the tenant and, having received money for rent, leaves. And after a while, another person registered in this apartment appears and reports that he will live here.

Apartment with relatives

Photo: Depositphotos/everett225

Another, very similar deception scheme: according to documents, the apartment belongs to a relative who now lives abroad, and you are offered to sign an agreement with a person acting under a power of attorney from the real owner of the apartment, says Olesya Mandzyak, head of the residential real estate department at Delta estate. The power of attorney may be invalid, and the person who rented such an apartment can be easily evicted.

“Very often, landlords provide copies of property documents or old-style documents,” continues Olesya Mandzyak. “When signing an agreement, copies of property documents are provided under the pretext that the originals are not available at the moment (they are located far away in the country, in another city, in bank) or old-style documents (1993, 1998). But in fact, the apartment has completely different owners, which will become clear in the near future after moving into the apartment.”

Mortgage rental

And with the development of housing lending, many apartments appear on the market, purchased with a mortgage or secured by a bank. If, when renting such an apartment, the tenant is not given permission from the bank to rent out the apartment, then the owner may likely have problems with the credit institution. In this case, bank security officers or bailiffs can evict the tenant at any time.

Information fee

Photo: Depositphotos/everett225

Renters also often fall for a scam called “fee for information.” In this case, an agreement is concluded with a real estate agency and a fee is paid for contact information, which ultimately turns out to be unreliable. For example, scammers promise to find an apartment that is rented at very attractive rental rates. This is one of the oldest schemes that allows agencies to defraud tenants.

Most often, the contacts provided turn out to be fake. In the best case, the ad hides an object with a significant catch, for example, the apartment is for sale or requires serious repairs.

In the summer, with the appearance of seasonal apartments on the rental market, there are owners who tell the tenant that they are renting out the apartment for a long time, but in the fall they return to the city. As a result, the tenant is forced to look for housing again.

How to avoid falling for scammers

Photo: Depositphotos/everett225

“To avoid becoming a victim of scammers when renting apartments, it is best to immediately ask the owner for a passport, and also check the documents for the apartment,” advises Maria Baskova. “You must conclude an agreement with the owner of the apartment, which should spell out the main responsibilities of the parties. Money is best give only against receipt."

Olesya Mandzyak considers it necessary to seek help from a qualified real estate agency, where competent realtors work who can help avoid various risks when renting an apartment. “Starting with the inspection of the apartment, you need to pay attention to all the details of what is happening. When signing the contract, the landlord himself (or all participants in the property) must be present, all original documents for the property and passports, as well as all the necessary certificates, must be provided,” says the expert.

In what cases can a tenant be evicted?

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It is worth noting that all issues that arise between the tenant and the landlord are regulated by the Civil Code, clarifies the managing partner of the Group of Companies “Assistance to Business Projects” Kira Gin-Barisyavichene. A residential lease agreement is more beneficial for the tenant - it has the opportunity to stipulate all the nuances of the lease.

By the way, according to the law, you can evict a tenant only in two cases. Firstly, if he has not paid rent for residential premises for more than 6 months, and in case of short-term rental - in case of non-payment of rent more than twice after the expiration of the payment period established by the contract. It is also possible to evict a tenant if he causes damage to the property, but only through the court. This means that the owner of the apartment does not have the right to put you out on the street at any time under any pretext.

Vera Kozubova

Some citizens own several vacant or temporarily vacant apartments. Wanting to compensate for their costs of paying for utilities, and also trying to get an additional source of income, they rent them out. This is especially often observed in large cities of Russia and, of course, in the capital. Unfortunately, many owners do not know how to properly rent out an apartment, avoid unpleasant sanctions in the form of fines, and at the same time save on tax payments. In this article we will talk about just this. We will also consider what documents you must prepare to rent an apartment in order to protect yourself and your property from dishonest tenants.

Step one: preparing the living space

Before renting out an apartment, you first need to prepare it for new tenants. If repair work has not been carried out on it for a long time, update the wallpaper, ceiling and floor coverings. Thanks to even inexpensive cosmetic repairs, your apartment will look more presentable. This means you can rent it out on more favorable terms. You also need to pay attention to plumbing and electrical repairs. Protect yourself and your future tenant from possible troubles, such as electrical short circuits or flooding of neighbors below.

If you want to profitably rent out an apartment, make it cozy and comfortable to live in. Furnish it and equip it with the necessary household appliances such as a TV, washing machine and refrigerator. You must take your personal, memorable or valuable items, as well as documents from the apartment. After preparatory work, repairs and arrangement, put the documents for the apartment in order. Extinguish everything. If necessary, turn off the landline telephone or long-distance communication.

Step two: finding a landlord

After preparing your home for rent, you can begin searching for a tenant. You can do this yourself or seek help from city real estate agencies (for a fee or even free, they can take on the responsibility of finding clients). Place an ad on specialized websites on the Internet, and also place it in newspapers. As soon as you find a potential tenant, discuss all the nuances with him and come to a consensus, you can begin to prepare the necessary documents. Important: documents can only be signed by the owner - the one who owns the property by right of ownership, or the one who has a power of attorney to rent out the apartment.

Step three: drawing up a rental agreement

How to rent out an apartment? It is necessary to conclude a rental agreement for residential premises with the individual, the future tenant. If your tenant is a legal entity, you will have to enter into a lease agreement. It doesn’t matter for how long you plan to rent out the housing: for a year or for one day - you need to draw up a document in any case. It will not be difficult to find samples of standard agreements that spell out the responsibilities of the parties: both the landlord and the tenant. You can use a similar ready-made sample and add those points that you consider necessary. In addition to indicating the subject of the agreement (providing possession and use of free residential premises suitable for living for a fee), delivery dates, amount of rent payment and other important general provisions, you can specify in the document the responsibilities of the tenant, for example:

• ensuring the safety of living quarters;
• maintaining the apartment in proper condition;
• carrying out routine repairs of all breakdowns and malfunctions that arose during the period of use of the premises at your own expense;
• making your own utility bills, etc.

Also, the contract must include the personal signatures of the parties. Important: a rental agreement for a period of less than a year is not subject to state registration. We advise you to have the contract notarized.

Step four: creating an inventory of property

An inventory of the property located in the apartment is integral. This document will ensure the safety and integrity of things transferred for use to the tenant and protect against theft. The inventory is compiled in simple written form. At the same time, it describes all the property (and its condition) that is located in the apartment, and also indicates the passport details and signatures of the parties. The inventory is created in two copies, as is the rental agreement. Be careful: in the process of signing all documents, you should check the correctness of the tenant’s passport data and ask him for a copy of the passport. Now you know how to independently draw up an inventory of property and an apartment rental agreement with the tenant.

Taxes paid by the landlord when renting out housing

Knowing how to properly rent out an apartment, you will protect yourself from serious troubles with the law. Article 23 of the Tax Code of the Russian Federation states that any individual receiving income must pay tax. Systematic rental of an apartment with regular receipt of rent is equivalent to individual entrepreneurship. And in this case, the owner of the apartment will be required to pay tax. Its rate varies from 13% to 30% for taxpayers with different statuses. Those who permanently reside in the Russian Federation, that is, residents, will need to pay a tax of 13%. For individuals living in the Russian Federation for less than 183 days a year, the rate will reach 30%. Apartment rental tax must be paid once a year. At the same time, to calculate the amount of the tax base for the previous year, it is necessary to submit a declaration (3-NDFL) before April 30. It is possible to slightly reduce the amount of payments by registering an individual entrepreneur. In this case, the tax deduction will be 6% of the income received. Choose the most suitable tax method for yourself and submit your return on time.

Illegal rental of an apartment. Taxes and their non-payment

All landlords should know the following. If an apartment is rented out unofficially, the law provides for various penalties. entails a serious fine. It can be 20%-40% of the unpaid amount. Violation of the law may result in criminal liability. For failure to pay the tax authorities an amount of 600 thousand rubles. or more, the court can impose not only a large fine of 300 thousand rubles, but also imprisonment for up to one year. Don’t think that they won’t find out about your illegal business activities. There is always a possibility that your neighbors, for example, dissatisfied with your noisy tenants, will complain to the district police officer or directly to the Federal Tax Service. Therefore, we recommend that you fulfill your tax obligations on time. This way you will protect yourself from possible troubles with the law.

Registration at the place of stay

According to the law, if a tenant rents your residential premises for a period of more than 90 days, he needs to obtain a temporary registration (otherwise known as temporary registration). To do this, he must provide the local FMS office with an identification document, an application in the prescribed form, as well as a rental agreement for residential premises. If temporary registration is not completed on time, not only the tenant, but also the owner of the property faces a fine of 2.5 thousand rubles.

Termination of a residential lease agreement. Is it possible to do this ahead of schedule?

If necessary, the tenancy agreement can be terminated in advance. It is advisable that the conditions for its termination be specified in advance in the text of the document. If such a clause is not provided for in the contract, then it can be terminated on the grounds provided for by law. If the tenant is an individual, he can cancel the contract without specifying reasons and vacate the premises by notifying the landlord three months in advance. The owner of the property can terminate a contract that has a term unilaterally only in the event of non-payment of rent or improper use of the residential premises, including deterioration of its condition. If the tenant is a legal entity, the contractual relationship may be terminated early if one of the parties violates its terms. A tenancy agreement that does not have a term can be terminated by notifying the tenant three months before the actual eviction.

Finally

So, when renting out a residential property, you need to take into account many nuances. How to rent out an apartment? First, you need to correctly draw up an agreement, specifying all the obligations of the parties, the rental period, the amount of rent and other important points. This document, certified by a notary, will protect the owner of the residential premises. In addition to the contract, you should also draw up an inventory of the property; it will help keep the landlord’s things in proper condition. It is important to remember that the legal rental of an apartment requires the mandatory payment of tax. Its amount is calculated according to the annually submitted 3-NDFL declaration. Failure to pay taxes can lead to serious problems.