home Lures What documents should you ask for when renting an apartment? Housing issue: rent and document verification

What documents should you ask for when renting an apartment? Housing issue: rent and document verification

Are you planning to rent your first apartment? Congratulations on your first step towards independent living! Renting an apartment is not as simple as it may seem. When concluding a contract with your landlord, there are many important details to consider so that you can enjoy life in your new home calmly and without unnecessary hassle and financial losses.

Our advice will also be useful to those who have already gotten into trouble when renting an apartment and would like to avoid troubles in the future.

Features of the lease agreement

Tenants should especially note the following points in the agreement:

term of the contract;

methods, amount and terms of payment;

terms and conditions for payment of utility bills, electricity and telephone calls;

an inventory of the property located in the apartment and its condition;

natural wear and tear of the interior and objects in the apartment.

When there is only one owner of a residential property, this is quite convenient; it is he who will sign the lease agreement, and this procedure can also be performed by his authorized representative (in this case, his powers are certified by a notary). The situation becomes more complicated if there are several owners - such an apartment can be rented out only when everyone who has the right to a share of the property agrees to it, so it is simply impossible to rent out residential premises without the consent of other owners. Ideally, the agreement should be certified by the signature of each owner or his official representative (let’s say that one of the owners is a minor child, in which case a parent will act on his behalf). But if one of them cannot be personally present at the signing of the contract, the one who is engaged in renting out the apartment can take from him a notarized power of attorney in his name. He can also present the consent of all other owners, which also needs to be notarized.

What to do if the landlord cannot present all necessary documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with the law may be declared invalid, and this will cause problems for the tenant.

And one more thing that we often forget: do not forget to think through your actions in advance, immediately decide what will be specified in the contract, and before you sign, be sure to read what you are signing.

Check the owner and documents for the apartment

The most important thing that inexperienced renters often forget is checking the landlord. Ask the owner to show you the passport; it is better to have it as an original rather than a photocopy. Check every page; any mark not required by law will invalidate the passport.

Check the title deed. This is the main document that confirms ownership of real estate. Until 2000, a certificate of home ownership was issued, and from October 1, 2013, instead of a certificate of state registration of rights, an extract from the Unified State Register of Rights (USRE) may be issued.

Don't forget about title documents and other little things

Along with the certificate of registration of ownership and an extract from the Unified State Register, ask the seller to show the title documents for the apartment, that is, the documents by which the seller acquired ownership of the apartment.

There are several types of such documents: certificate of ownership, gift agreement, purchase and sale agreement, certificate of inheritance, certificate of privatization. If the apartment belongs to a housing construction cooperative (HBC), ask the seller for a certificate of the paid share.

Do not confuse these documents with various certificates of legal registration, of inclusion in the register of owners, issued by the BTI, local property management committees and property funds, and other local government bodies. They cannot replace a certificate of ownership and an extract from the Unified State Register.

Be sure to check all documents provided to you for corrections, including date and registration number. Stamps and signatures must be legible.

In addition to the obvious things (the duration of the contract, the amount of rent, etc.), it makes sense to indicate, for example, the time at which the landlord can visit the apartment, as well as within what period he must notify the tenant about this. In addition, it is always useful, along with the contract, to draw up an act of acceptance and transfer of property indicating the defects, so that the landlord does not make you responsible for a broken TV, fallen off doors on an old wall, or dented TV that were damaged long before you arrived in this apartment.

Utilities and pets

If, according to the contract, you pay for utilities, be sure to create a separate folder for all checks and receipts - it may come in handy in the event of a conflict. It is highly not recommended to have a pet without the consent of the landlord; some landlords react very negatively to cats and, even more so, to dogs in their living space. In some cases, this may even be a separate clause of the contract, but, in principle, it is possible to agree quite normally in words if you approach the issue correctly.

Receipt for receipt of payment

In addition, experts recommend that when paying rent, take a receipt from the owner of the apartment for receipt of money, so that if a conflict situation arises, you can present evidence that there were no violations on your part and you were not left in debt. The receipt must indicate the period for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed not only by you, but also by the owner of the rented apartment.

Repair and damage to property

There is such a thing as natural wear and tear of an apartment. You are not amorphous creatures moving through the air. If someone lives in an apartment, inevitable processes of obsolescence, wear and tear, erasure, etc. occur. However, rent is income with inherent risks and costs. Therefore, you need to pay for damaged property, but not for normal wear and tear, unless this is specifically stated in the contract.

Don’t be embarrassed and discuss such points separately. In most cases, you don’t have to include them in the contract. Do this at least so that later you don’t have to make major repairs or reimburse the cost of those things that were broken or broken before moving in. As we have already mentioned, it is best to draw up an acceptance certificate that describes the apartment and its condition, and specifically indicate valuable items and equipment in order to avoid any possible misunderstandings in this regard.

Third party accommodation

Sometimes it happens that the landlord has an extremely negative attitude towards the fact that other people suddenly appear in the rented living space, even if it is a friend who suddenly arrived on a business trip or a girl/boyfriend he really likes. On the other hand, it also happens that the apartment owner himself may suddenly, in the form of an ultimatum, demand that the tenant agree to tolerate some relative or friend of the apartment owner for a night or two. It is clear that not everyone will like such attacks, so just in case, this can also be written down in the contract in advance.

Landlord visits

The contract must necessarily discuss the issue of possible visits. This will help resolve issues with verification. The usual practice is this: the landlord visits the apartment once a month, coming to collect the rent, having notified the tenant in advance by telephone about his visit.

Some people view a rented apartment as a means of making money, while others are too anxious and fearful and therefore decide that they have the right to visit it at any time and control the life of the tenant. According to the law, the person hiring has every right to demand that the owner of the apartment not come without warning, and especially when there is no one in the apartment.

Let's say you would like the landlord to visit the apartment no more than once a month, and he must notify you of this by phone and no later than three days before the date of the visit. Indicate this in the contract, and if the owner of the living space unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract, and that he is obliged to fulfill it.

How to terminate a contract

Sooner or later rented apartment I'll have to move out. How to terminate a contract correctly? The simplest option is to move out of the housing upon expiration of its validity period, when the tenant is obliged to vacate the living space he occupies by the time specified in the document.

If we are talking about early termination, then options are possible. For example, if the initiator of early termination is the owner, then you can indicate in the contract that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing.

If money was paid in advance, the landlord will have to return it to the tenant. If the tenant himself wishes to terminate the contract early, then the deposit, of course, will remain with the owner of the residential premises.

If you are not confident in your own abilities, contact a realtor, and look for an experienced specialist who really understands this issue. Show him the documents of the owner of the property, as well as documents related to the apartment that is being offered to you.

Article 671 of the Civil Code of the Russian Federation regulates the procedure for renting residential premises. According to what is specified in this article, a rental agreement must be concluded, the essence of which is that the owner of the living space provides the tenant with housing for possession and use for living. A legal entity can also rent residential premises, but this apartment can only be used for living; it is not possible to set up a warehouse or open a store there.

Basic things you need to know

Article 674 of the Civil Code of the Russian Federation says that a rental agreement must be concluded in writing. Article 288 of the Civil Code of the Russian Federation establishes that only the owner of the property has the right to rent it out, therefore, before signing the contract, make sure that the one who rents the apartment is really its owner. Therefore, the first thing to do is to ask the potential landlord to show a document that confirms his ownership. There are several types of such documents: certificate of ownership, gift agreement, purchase and sale agreement, certificate of inheritance, certificate of privatization.

What to do if the landlord cannot provide all the necessary documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with Russian legislation may be declared invalid, and problems will arise for the tenant.

What exactly should you ask the owner of the living space? You need to take an interest in the apartment: what it looks like, how many rooms it is, where it is located. Then you need to ask about the owners, ask to see documents for the apartment, and inquire about the list of people living in the apartment. If everything is clear at these points, you can ask about the rent - its size, how to pay it, etc., ask how utilities will be paid, and clarify the validity period of the contract.

What is stated in the contract?

In addition to the obvious things (term of the contract, amount of rent, etc.), it makes sense to indicate the time at which the landlord can visit the apartment, as well as within what period he must notify the tenant about this. Let's say you would like the landlord to visit the apartment no more than once a month, and he must notify you of this by cell phone and no later than three days before the date of the visit. Indicate this in the contract, and if the owner of the living space unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract, and that he is obliged to fulfill it.

It is useful, along with the contract, to draw up an act of acceptance and transfer of property indicating the defects, so that the landlord does not force you to answer for a broken TV or a sagging sofa that was damaged long before you arrived in this apartment.

Experts also recommend that when paying rent, take a receipt from the apartment owner for receipt of money, so that if a conflict situation arises, you can provide evidence that there were no violations on your part. The receipt must indicate the month for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed by both you and the owner of the rented living space.

If you pay for utilities under the contract, be sure to keep all receipts and receipts - this will also help in case of a conflict. It is highly not recommended to have a pet without the consent of the landlord; some landlords react very negatively to cats and, even more so, to dogs in their living space. In some cases, this may even be a separate clause of the contract, but, in principle, it is quite normal to agree with most people verbally.

Of course, it is impossible to foresee all cases, all possible reasons for conflicts. For example, it happens that the landlord has an extremely negative attitude towards the fact that other people suddenly appear in the rented living space, even if it is a friend who has suddenly arrived on a business trip or a girl he really likes. On the other hand, it happened that the apartment owner himself suddenly demanded in an ultimatum form that the tenant agree to tolerate some relative or friend of the apartment owner for a night or two. Not everyone likes this, so just in case, this can also be written down in the contract in advance.

It's time to move out of the apartment

How is the contract terminated? The simplest option is for it to expire, then by the time specified in the document the tenant is obliged to vacate the living space he occupies. If we are talking about early termination, then options are possible. For example, if the initiator of early termination is the owner, then you can indicate in the contract that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing. If money was paid in advance, the landlord will have to return it to the tenant.

If the tenant himself wishes to terminate the contract early, then the deposit, of course, will remain with the owner of the residential premises.

Don’t forget to think through your actions in advance, immediately decide what will be specified in the contract, and before you sign, be sure to read what you sign.

Every year the number of fraudsters in the field residential property rental does not decrease.

In order to rent an apartment safely and not fall for the tricks of criminals, you should perform a series of actions, which will protect you from the tricks of scammers. This simple and obvious steps.

First of all, ask the property owner or his representative following documents:

document confirming ownership.
As a rule, this is a certificate in the name of the lessor.
Passport.
Please review this document carefully for any changes and carefully examine the area with the photo. For additional assurance, please make a copy.
Technical and cadastral passport.
Consent of all homeowners (if there are several) to renting out an apartment.
Compiled in free form indicating data of all owners.
Power of attorney.
These documents will be required if the transaction performed on behalf of the owner, and not by themselves.

Important! At first glance, requiring so many papers may seem excessive, but it is better to check them early rather than get into an unpleasant situation later.

Lease agreement for renting out an apartment for a long term

Basic document for transfer of residential real estate for a long-term lease is a lease agreement or a rental agreement. The difference between them is that for rent they can any premises for rent(technical, commercial or residential), and the parties can be both individuals and legal entities.

In turn, hiring is a process carried out only between individuals, and the object is only residential premises, such as apartments. These types of contracts are discussed in § 1 Chapter 34 and Chapter 35 of the Civil Code of the Russian Federation.

Further given the document must be registered. However, there is a strict need for this action if one of the parties is a legal entity. In transactions between individuals for periods of less than 1 year, registration of the agreement is not a required step.

Collection of necessary papers and the amount of state fees

Ideally, a certificate, cadastral passport and other real estate documents must be kept by the owner who decided to rent out his real estate.

There are cases when part of documents or their entire set is lost forever.

In such situations you should apply for duplicates or restoration.

The technical passport is restored in 10 days, and the fee ranges from 755 to 1827 rubles. For expedited receipt of the document(3 days) you need to pay twice the fee. The cost of restoring a cadastral passport is 200 rubles, and the period is about 10 days.

Important! The certificate of ownership can be restored at the territorial department of the Federal Registration Service.

To receive it you need to pay a state fee in the amount of 100 to 400 rubles.

When registering a lease or rental agreement, you will also need to pay a state fee. Its size is – 1000 rubles for individuals and 15,000 for legal entities.

What must the renter provide?

With a set of documents from the tenant, everything is simpler. Mandatory only one document is needed- passport. To comply with all formalities, it is advisable to request a copy, as well as check the data with the original.

Data from your passport will be required when drawing up a lease agreement and related documents. Besides copy transfer process of this document, as a rule, is an additional disciplinary factor - the tenant will takes property more seriously and monitor the timely payment of bills, knowing that the owner has his passport data, who, in turn, will not be so afraid rent out your home.

In what situations should you be wary?

In situations where the lease documents or part thereof are doubtful or completely absent, you have to be extremely careful.

We strongly We recommend contacting a lawyer who work and specialize in the rental of apartments, as well as other real estate.
The radical way is refusal to take further action and signing documents.

As practice shows, if one of the parties has problems with providing any documents(be it a certificate of ownership, a registration certificate for an apartment, or, especially, a passport), this means that this transaction may cause problems, the solution of which is in no way included in your plans.

Important! When comparing documents and their data, pay attention to the quality of paper and materials.

Passport pages with poorly printed lines, a dull copy of a certificate or the absence of a power of attorney to rent out an apartment should alert you.

Useful video

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Results

As we see, rental relations, like any other related in cash, it is desirable, and at times necessary, confirm with documents and contracts.

There are not as many of them as it seems, but filling them out in a timely manner and signing them will help get rid of future problems.

The procedure for drawing up a lease agreement is as follows:

The process can take place either in the presence of an intermediary, for example, a real estate agent, or without it. Move-in takes place within the specified period after all documents have been correctly filled out and verified.

What papers are needed to rent out a home?

Certificate of ownership.
Proof of sale, gift or inheritance.
Certificate on the list of persons registered in the premises (taken from the housing maintenance office).
, notarized.
Passport.

Attention! If at least one of the above documents is not available, the tenant may face problems.

Possible problems

One of the registered tenants may come with the police and evict the tenant.
If there is no passport at the signing of the contract, then there is a danger that an unauthorized person who has the keys to the property will impersonate the owner.

The tenant provides identification - his own and other persons who will live in the apartment.

What needs to be signed?

. Mandatory items: deadline, address of residential premises, amount of payment per month. If the contract is concluded for a period of 1 year or more, its registration with Rosreestr is mandatory.
(read more about the property inventory act). The form includes a list of all pieces of furniture and household appliances and notes on their condition.
residential premises (how to correctly draw up an apartment rental acceptance certificate, read).
, if payment is made in cash, if the money goes to a bank account, then a receipt is not needed.

A receipt is an important argument in possible disputes, confirming the transfer of payment for residential premises.

To conclude a lease agreement, no one has the right to demand copies of documents.

A property inventory protects the tenant from theft and damage to property, because the deposit cannot include the cost of all items. Legally renting out an apartment with the correct execution of all documents is not only about receiving additional income, but also protection from possible problems.