home Fishing methods Rent out an apartment officially? Why exactly, what to consider, and how to minimize risks? Renting out an apartment, advice How best to rent an apartment yourself or.

Rent out an apartment officially? Why exactly, what to consider, and how to minimize risks? Renting out an apartment, advice How best to rent an apartment yourself or.

Last updated May 2019

Having multiple living spaces is not only a luxury, but often a headache. The owners are trying to rent out the "extra" living space. This is an additional profit and some kind of supervision over the apartment.

Let's try to figure out how to rent out an apartment correctly, how to avoid problems with unscrupulous tenants and the tax office, how to preserve our property.

Who can take

The owner has the right to rent out his apartment. Who has a certificate of registration of property rights (extract from the state register) to it. No relatives or very close friends are allowed to enter into a lease with tenants at the request of the owner of the apartment. This option is possible only if there is a notarized power of attorney, which stipulates the right of the authorized person to rent out the apartment of his principal. Otherwise, the owner can object to such a transaction at any time.

If the owner of the apartment uses it under a social tenancy agreement, that is, in fact, it belongs to the state or the municipality, then he is not entitled to rent it out. In exceptional cases, this is possible, but for this it is necessary to obtain an official written permission from the state / municipal authority (who is the owner, in most cases it is the municipality).

If, in addition to the owner, other tenants (as family members of the owner) are registered in the rented housing, then obtain their written consent to conclude the transaction not required.

But there is subtlety. If a rental agreement has already been concluded and the owner or hire another person to live in the dwelling, then consent to such a move is required from all interested parties (both the tenant and all the people registered with the tenant).

The same is required if part of an apartment is rented (for example, a room in a communal apartment, in which there is a shared kitchen, toilet, bathroom for several owners). Thus, an additional lease agreement for vacant space can be concluded with the permission of the first tenant and his family members.

If a minor child is also registered in such housing, then permission to rent an apartment will also need to be obtained from the guardianship authorities.

In the event that several persons are the private owners of the apartment, then each of the co-owners must participate in the transaction on the side of the lessor. Or you can express your written consent to conclude the transaction and entrust one of the owners to handle it. Such consent and power of attorney is drawn up with a notary.

If such procedures are neglected, then the apartment lease agreement (for a period of more than 1 year) cannot be registered in the Russian Register.

In practice, apartments are often rented "gray", without state registration of the contract in the Russian Register. Therefore, these formalities are not followed. But you need to keep in mind that in a litigation with the tenant (on any issues regarding the renting of an apartment), it will be impossible to refer to such an agreement as proof, since it is null and void without registration (if it is not concluded for a period of less than a year, then registration is not needed and the written form of the contract is sufficient for its full force).

When it comes to moving in (including registration, concluding an additional social rent agreement) in a municipal apartment, consent is needed from all registered persons and, of course, from the municipality.

To whom to rent an apartment

A person who is first faced with renting out an apartment will be panicked even by such a simple question of where to find tenants. There are four options to recommend:

Contact a real estate agency. You will be offered a lot of options, as well as provide some guarantees, but you will have to pay for such services.
Submit an advertisement for renting an apartment in the newspaper, Internet sites or in the "creeping line" on television. Or find an ad of a person who wants to rent an apartment in the same media. True, there is a risk of running into an unscrupulous tenant. He will either not pay for the apartment provided to him, or he will ruin (steal) the property in it.
Finding a tenant through friends, acquaintances, relatives is the best option. It is unlikely that a patronized tenant would risk harming the landlord. And in case of controversial issues, you can always find it.
Rent out housing to relatives or friends. Most likely, such rent will be free of charge. You will not receive any material benefits. But you can safely instruct them to pay utility bills for the apartment.

In general, you need to periodically check the rented apartment. Communicate with tenants and monitor utility bills to avoid future problems.

If an apartment is rented out to a stranger, then the lease agreement cannot guarantee complete property security for the owner. It is necessary to check the future tenant for his law-abidingness. To do this, you can contact familiar police officers or other representatives of law enforcement agencies to check the employer for a criminal record, bring him to administrative responsibility, the presence of debt or credit delays, etc. You can see information about a person on the Internet and from other open sources.

Renting out an apartment without intermediaries is, of course, cheaper. But then all the worries about housing fall only on your shoulders.

How to transfer an apartment

We will talk about the legal aspects of completing the transaction later. Now let's touch on everyday moments.

The apartment must be transferred directly to the tenant, telling about all the features and important technical aspects of the housing. In this way, accidental damage and other damage can be avoided.

When transferring an apartment, it is necessary to jointly record the readings of energy meters (water, electricity, gas, etc.), so that in the future it is not possible to understand who has committed the communal debt.

Before handing over the keys, the general and detailed situation in the apartment should be photographed. This will discipline the employer, as he will see the owner's reverent attitude towards his property. In addition, photographs can serve as evidence in court if a conflict arises about a significant deterioration in the condition of the apartment after its delivery.

If you have friendly neighbors on the landing, it would be good to introduce new tenants to them. And leave your phone number to your neighbor for emergencies. This also "educates" the employer.

How to register a lease legally

Even if you decide to rent out an apartment to your best friends or distant relatives, it is better to document this transaction. In this case a rental contract is drawn up (it must be distinguished from a lease agreement, which is concluded mainly between legal entities). It's easy to get it done. There are a lot of samples and options on the Internet for different occasions. You can draw up it yourself, ask for help from a lawyer or from us.

The document is signed by both parties. Its notarization is not required, but it is not prohibited either. Alternatively, entrust the preparation and certification of the transaction to a notary. But such a document will not have more legal force than an ordinary written agreement concluded by the parties.

In addition to the lease agreement, it is necessary to draw up an act of acceptance and transfer of the rented apartment.

The act describes in detail the technical condition of the entire dwelling: the presence of repairs, plumbing, as well as the furniture, household appliances, and other household items available in the apartment. It is necessary not only to list them, but also to indicate in what condition they are, where they stand, the name (model, brand, etc.), to determine the approximate cost (at least of the most expensive items). This will help the homeowner in the future to assess the condition of his property and recover damages for its damage from unscrupulous tenants. The act is also signed by both parties after inspection of the apartment. Then the keys are handed over to the employer.

How to draw up an employment contract correctly

If you decide to rent out an apartment and draw up a contract yourself, you should follow the basic rules for drawing it up. The main thing, clearly state the main conditions - the address of the apartment, the term and amount of rent, the rest is at the request of the parties. It is possible to draw up a very detailed document on several pages, in which all the nuances are foreseen. And only the most necessary things, putting everything on one sheet. A reliable contract should include the following points:

Date and place of its compilation.
Detailed personal data of the landlord and tenant: name, surname, patronymic, date of birth, place of registration and residence, number and series of passport or other identification document.
Subject of the contract: rented apartment owned by the landlord. Namely, its address, footage, technical condition, availability of furniture, plumbing, assessment of suitability for living (heating, water supply), telephone network connection, and Internet, cable TV. A detailed description can be set out both in the contract itself and in the deed of transfer attached to it.
Link to a document confirming that the landlord is the owner of the property. On the absence of encumbrances by third parties (mortgage, pledge, other rent, arrest, etc.).
The cost of the monthly rent, including an indication of who is responsible for paying utility bills.
Calculation form: in cash, by postal order or to a bank card (deposit), free of charge, etc.
Payment terms: one-time for the entire rental period or monthly (quarterly) indicating the date by which the payment must be made.
Which of the parties is obliged to make current, major or urgent repairs to the apartment.
The term for which the property is rented.
Indication of all tenants moved in to the tenant (if the contract is long-term).
Rights and obligations assigned to the tenant and landlord, with which they must agree.
Reasons and conditions on which the lease can be terminated unilaterally.

It is advisable to also prescribe in the contract and special conditions, the so-called "everyday tricks":

About the prohibition of the employer and his family members (or those who will live with him) to register at the place of residence (in a rented apartment). Although the legislator does not allow registration without the permission of the owner, “enterprising craftsmen” manage to bypass the restrictions. Such a condition will not allow cheating during registration, and if an illegal registration was nevertheless allowed, then it will be easy to challenge it in court (the contract itself will be indisputable proof of the illegality of the employer's actions).
Distribute the obligations of the apartment's accident insurance between the landlord and the tenant. It is better, of course, to deal with this issue yourself, since by insuring the apartment against flooding, fires, civil liability, etc., the owner relieves himself of the risks for the negligent behavior of the tenant. After all, if a similar case occurs, the owner will be responsible to the victims (neighbors and other persons). Damage can only be recovered from the culprit (employer) by way of recourse. That is, first, the owner compensates for the damage to the victims, and only then can he demand material compensation from the employer. Sometimes this is an impossible task (for example, the employer has no property, does not officially work, or pay alimony, etc.).
On the limitation of the ability to sublease an apartment (sublease) to other persons without the written consent of the owner. Otherwise, the apartment can be turned into a seating yard.

On the occasional opportunity of the owner to check the condition of the apartment. These are the rights of the owner, in the presence of the tenant, to come to the apartment for inspection for its safety, proper sanitary condition, etc. If such an item is not provided, the tenant may simply not let the landlord in, because this is his right.

For how long to conclude an agreement

The maximum period for which you are able to conclude a contract of employment is 5 years. And even if the document does not contain a reference to how long the apartment is rented, it will be limited to the specified time.

Experienced lawyers still advise against renting out an apartment for long-term rent. It is always easier to conclude another contract for a new term than to terminate an existing one. Moreover, when one of the parties does not agree with the termination.

Do I need to register an employment contract

An apartment lease agreement (or residential lease agreement) does not require mandatory registration with the Rosreestr authorities if it is concluded for a period of up to one year (for example, for 11 months or for six months).

If it is concluded for a longer period, then such a transaction will have to be registered. The downside is that it obliges the landlord to prepare a package of documents and pay a state registration fee. In addition, information about the rental of housing and the receipt by the landlord of profit will fall into the tax authority. But, on the other hand, by registering this transaction, he receives additional guarantees. ...

The most advantageous thing is to conclude an apartment rental agreement with the right to its subsequent prolongation and to renew it every year.

Advantages and features of renting an apartment for a period not exceeding 11 months, which we have already talked about

the lease agreement may not be registered with Rosreestr. This means there is no need to waste time collecting documents, to bear the cost of paying state fees. And upon the expiration of the contract, repay the entry in the state register on encumbrances (hiring);
the employer will not be able to count on the provision of a deferral for the elimination of violations entailing the termination of the contract.

Basically, short-term contracts are used by owners who avoid paying taxes on rental income. After all, the tax inspectorate does not know about such an agreement (the agreement is not registered in the Rosregister and the tax authorities do not receive information from there).

The very registration of the contract in the Rosregister is not difficult

You can apply for registration of the contract within 1 month from the date of its conclusion (Article 51 of the Federal Law "On State Registration of Real Estate"). Otherwise, a fine of 5,000 rubles awaits.
Applicants must be two parties to the contract (both the landlord and the tenant or their representatives under a notarized power of attorney).
The package of documents is:
- rental agreement with acts of transfer of the apartment from the owner to the tenant in triplicate;
- applicants' passports (for identification);
- receipt of payment of the state duty (amount of 2000 rubles, 1000 rubles on each side);
- copies of documents on ownership of the apartment (base agreement, certificate of ownership, cadastral passport). Although these documents are not mandatory for delivery, their provision speeds up the process of accepting applications and registering an agreement;
- consent of interested parties (other equity holders, mortgagee, etc.).
Registration is carried out within 5 working days
Documents are submitted to the MFC department.

The registration can be rendered for the following reasons

the apartment being rented is not registered in the cadastre;
a previously concluded lease agreement for the same area is valid;
a complete list of required documents for registration is not provided;
the lease contract has gross inconsistencies with the requirements of the law.

Rental fees

The payment for renting an apartment, as well as the conditions for making utility bills, should be detailed in the contract.

Some landlords insist on a bond for rent. That is, they require payment for several months at once. This ensures that the tenants will live in the apartment for the entire paid period. For the employer, this is the confidence that he will not be left without a roof over his head during the time for which he has already paid.

Information that a deposit for several months is required for renting an apartment can be indicated directly in the contract or agreed by the parties orally.

It is better to fix in writing the conditions for the return (or non-return) of the deposit in the lease agreement. This is in case the tenant decided to leave the apartment earlier, within the period for which he has already paid.

For example, the tenant has paid a deposit for living in a rented apartment for 6 months, and after 3 months he decided to move out. This option must be provided for in the contract and indicate whether the landlord will have to return part of the rent in this case.

There is a condition for a deposit of rent for the last month. The scheme is as follows: double payment is made in the first month. And you don't have to pay anything for the last month, since the deposit payment is the payment for the last period. The owner of the apartment is insured with this deposit if the guest moves out secretly without paying for the last month.

About receipts

It is advisable to record the transfer of any money for renting an apartment, whether it is a deposit or a monthly payment, with receipts. You can prepare a single form, in which you just have to enter the amount and date of payment, sign the parties. Witnesses are often used to confirm the transfer. Their data is entered into a receipt.

It is also advisable to make a receipt in 2 copies so that one remains with the employer, and the second with the lessor.

If the payment for renting housing is made in a non-cash form, then the payer must always keep receipts (receipts) of the transfer of money to the owner of the apartment.

Termination of an agreement

The grounds and conditions for terminating the employment contract must be spelled out in the document itself.

The tenant has the right to terminate it at his own request, subject to two conditions:

all persons living with him agree with this decision;
the landlord is warned not later than three months in advance.

The person who leases the apartment may allow the termination of the contract unilaterally on the following grounds:

the tenant does not pay rent for six months for a long-term lease or misses two payments in a row if the lease is less than 1 year;
damage or destruction by tenants of housing or property located in it;
using the apartment for other purposes, for example, as an office, warehouse, etc .;
systematic violation of order, harassment of neighbors (the violator was warned by the landlord, but did not eliminate the violation).

The employment contract can also be terminated through a court. The initiator of the claim can be either the landlord or the employer. The reason is usually to bring the housing to a disrepairment condition or was recognized by the relevant authorities as emergency.

If the tenant does not agree with the termination of the contract on the initiative of the lessor, he has the right to appeal this fact in court. If the rental agreement was concluded for a long term, then the court may grant the plaintiff a deferral to eliminate the violations and pay the debt for payment for up to one year.

Whether to pay tax on income from renting an apartment

Even if the apartment is rented for a short term, this does not relieve the landlord who receives the proceeds from the tax liability.

When a lease is for a long time and is registered with Rosreestr, then information about the transaction will most likely go to the tax office.

With a short-term contract, it is easier to conceal the fact of making a profit from the lease (for obvious reasons). But legislators advise against doing this. Those who are caught will be forced to pay not only income tax for the entire period, but also a fine and penalties in the amount of 20 to 40 percent of the unpaid tax amount, etc.

When the tax debt amounts to a large amount (more than 900 thousand rubles), the culprit may face criminal punishment. Up to imprisonment.

The concluded lease agreement for residential real estate is a reason for the tax authorities to collect tax on the amount for renting an apartment. Any ill-wisher can report this, as well as Rosreestr at the request of the tax authorities.

By law, the lessor is obliged to from January 1st to April 30th inclusively, submit to the inspectorate at your place of residence a declaration of your income for the past year. It indicates the amount of profit received, including from renting an apartment.

Nobody will send a receipt on the amount of tax to the taxpayer. You should pay the calculated personal income tax yourself at the rate of 13 percent of the amount of profit received from renting an apartment for a year. If the declaration is not submitted, then a penalty is provided for this in the amount of 30% of the amount of the tax base, but not less than 1000 rubles.

The fee must be produced until July 15 of the yearin which the declaration was submitted. Failure to pay or delay is subject to fines and penalties.

The landlord can be exempted from paying the tax only if he has not received rent from the tenant for a long time and is able to prove this fact.

Self-employment and renting an apartment

The status of a self-employed citizen allows solving some problems in the hiring issue.

At first, simplified taxation ... It's about a tax experiment in Moscow, Moscow region, Tatarstan and Kaluga region... Citizens of these regions can register through the service "My Tax" to pay 4% of the amount of income. The reporting is formed by the same Internet service "My Tax". The amount is paid monthly. You do not need to submit any declarations. The amount of income per year should not exceed 2.4 million rubles. The beginning of the experiment showed that the idea was not unsuccessful. It is convenient and economical to pay for your income in this way. Already other regions of Russia have expressed a desire to join the experiment.

Secondly, no need to register as an individual entrepreneur ... By registering as self-employed, a citizen will pay a special tax on professional income. These obligations are enough for the state and there is no need to strictly tie oneself to the entrepreneurial path. Of course, when it comes to delivery of your home, which has 1-2 objects... If there will be a large number of objects and other people's objects will be provided for rent (for example, on lease or real estate under management). This is already a purely commercial activity. You cannot do without an IP certificate.

For the self-employed, tax holidays are provided until December 31, 2019 (clause 70 of article 217 of the Tax Code of the Russian Federation). You just need to submit a notification to the territorial inspectorate of the Federal Tax Service and indicate the type of preferential activity. Unfortunately, renting a home is not a tax-exempt activity for the self-employed. At the regional level, the authorities, at their discretion, can determine the types of occupations that will fall under preferential status. But today, not a single region of housing rent is included in this list.

Other types of liability

There are cases when citizens rent out several apartments at once. Such activities are recognized as entrepreneurial. Therefore, before renting an apartment, it is required get the status of an individual entrepreneur.Otherwise, liability is imminent under the administrative (article 14.1 of the Code of Administrative Offenses of the Russian Federation) or criminal (article 171 of the Criminal Code of the Russian Federation) legislation (depending on the amount of income received) for illegal entrepreneurial activity.

Let's clarify, if we are talking about one apartment in practice, it is considered that this activity does not relate to commercial. This is one of the activities of self-employed citizens.

If you have any questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

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Do you own a vacant apartment in which no one lives? Is it idle, and you spend a lot of money, time and effort to maintain it? It's time to stop this and make real estate a source of income! How to officially rent an apartment and what is needed for this? You will find the answers to these questions in this article!

Consider the advantages of legal renting an apartment

1. Conclusion of a contract. This will help to avoid many unexpected costs and can even save you from big problems. We all know that employers are different. Some are very clean, honest and tidy. Others are disorderly and irresponsible, and there are even scammers. It is the latter category of people that can give you a lot of problems. Therefore, look closely at the personality of the employer. There are times when tenants take property and equipment out of an apartment, spoil repairs and furniture. To prevent this from happening, it is necessary to conclude an apartment rental agreement between individuals. To it you need to attach a detailed inventory of the property that is located in it at the time of renting the apartment, describe the shortcomings that exist. It is also important to indicate in it who will be responsible for equipment breakdown, damage to repairs, and so on. It is important to indicate in this document the passport data of the employer!

2. No additional costs.Who should pay utility bills? Phone bills? The Internet? Did you write it down in the contract? If not, then you will have to deal with your employers after the fact. Note that not all of them are ready to pay these costs, if you have not discussed it in advance. Your tenants could plan for the amount you agreed on and put it aside from wages. And when a kilometer bill for a telephone or communal apartment comes, they will refuse to pay, or they will not have money, because they plan all expenses in advance. And you will be left with nothing.

3. Impossibility of a scam... You rented an apartment to a student girl, and there are 15 workers living there? If you decide to rent out an apartment officially, then this situation does not threaten you. Otherwise, everything is possible!

4. You are clean before the law. What could be better? Russian law stipulates that if you want to rent out an apartment, you must pay tax on income from renting an apartment. If you want to evade payment, then you face a fine, and in some cases even criminal liability! Do not lead to this. Rent out your apartment legally!

With the advantages sorted out. It's time to move on to the step-by-step instructions.

Step 1: preparing the room

First, you need to assess the readiness of the premises for delivery:

Check all the equipment that is available. Perhaps something is not working and needs to be replaced. So that later there was no showdown with employers.
It is also worth assessing whether there is enough furniture in the house, and in what condition. You may need to buy something. Since the more the apartment is equipped, the more expensive it can be rented, which means that the income from renting the apartment will be higher.
If the apartment has not been renovated for a long time, do it. You don't have to buy expensive materials. The main thing is that they are reliable. Pay attention to wiring and plumbing! Protect yourself and your future tenants. Situations are different, no one is safe from wiring short circuits and pipe breaks. But you can put in a little effort and keep the risks to a minimum. Think about the consequences. An apartment in which there was a fire or a flood, hardly anyone wants to rent. This means that you will lose income from renting out the apartment. And also the money you invest in renovations. Because it's not a fact that the employer will want to compensate you for the damage. Be sure to include in the lease agreement for an apartment between individuals a clause dedicated to such circumstances, and list the responsible persons!
Take all your valuables. Clean up to keep your apartment clean and comfortable. Now there is a great demand for cozy apartments.
Prepare all the necessary documents, as well as eliminate utility debts, if you have any.

Step 2: study the real estate market

The apartment is ready to receive new tenants. But what is the price? The task is not easy for those who do not know what to rely on. But we will tell you!

So, everything is very simple. You need to open several sites where people post ads that they want to rent an apartment for a long time. Next, find apartments located in the area in which you rent out the premises. Find similar repair, interior and furnishings options. And focusing on the prices set by other owners, set your own.

Step 3: finding an employer

There are two options:

You can rent an apartment without intermediaries. In this case, you will have to engage in an independent search for a tenant, answer all calls about the arena of the apartment, and there are usually a lot of them.
The second option is to rent out an apartment through a real estate agency. In most cases, agents will not charge you for this service. Nowadays, the tenant usually pays a commission to intermediaries for finding housing. What is the advantage of renting apartments through intermediaries? The advantages of this method are that you save your time on finding clients and talking with them. There is one minus, but significant. You will have to wait a long time, since not all potential tenants are ready to pay a considerable, as a rule, commission to realtors. If you nevertheless decide to rent out an apartment without intermediaries, then place an ad in the newspaper about renting an apartment, on your page in a social network, on popular Internet sites. Be sure to include high-quality photographs of the premises. In the ad, indicate that you want to rent the apartment for a long time. And wait for calls.

Step 4: showing the apartment to potential tenants. Discussion of all the nuances

After you find potential tenants, you will need to meet with them so that they look at the apartment and understand whether it suits them or not. And also you should evaluate the future landlords and understand whether you want to rent an apartment to these people, or it is better to look for others.

If everything suits you and future employers, then it's time to discuss all the living conditions. Amount and date of payment. The procedure for paying for utilities, Internet, communication services and other, if necessary.

If you have definitely decided to rent out an apartment to these people, then it's time to move on to concluding a contract.

Step 5: conclusion of the contract

It is very important to correctly conclude a contract of employment and register all the nuances. The contract is your "safety cushion". Because it spelled out your rights, the responsibility of the tenant. That is, if something happens to your property, you will not have to spend your personal savings on restoring the original furnishings of the apartment. Because it will be the employer who will compensate for the damage and bear all the costs, if the damage happened through his fault.

What points are important to write in the contract?

1. Surname, name and patronymic of the employer.

2. The address of his registration and all passport details.

3. Who can live with the tenant in this apartment.

4. Can the tenant re-lease the apartment to someone else (sublease).

5. Who is responsible for damage to property.

6. In which court to resolve controversial issues.

7. Be sure to carefully fill in the address of the object to be rented. It is better to write it off from the certificate of registration of the right.

8. Your passport data, registration address.

9. Number of the certificate of state registration of rights.

10. Also include contact numbers so that there can be instant communication between you and the tenant. Because situations are different.

11. An act of inventory of the apartment and the property in it must be attached to the contract. List the disadvantages, if any.

12. It is also important to determine how often you can check the condition of the apartment (as a rule, no more than 1 time per month).

13. It is important to foresee on what basis the contract can be terminated or extended.

Attention! Carefully study the tenant's passport before filling out. What you should pay attention to?

Validity. You can conclude a contract with a person whose passport is invalid, and then it will be difficult to prove anything.

If you doubt the decency of a citizen and want to make sure that there are no problems with the passport, you need to go to the website of the Office of the Federal Migration Service and check the document for authenticity. Anyone with access to the Internet can do this. Is free!

You can also check the tenant on the bailiffs website for any arrears. It is completely legal and free.

The next step is to compare the photographs from the passport with the face of the real employer. There are situations when people try to draw up a contract in the name of another person, taking possession of his documents. Be carefull!

If you still have doubts, then you can ask the future tenant for a copy of the income statement to make sure that he is able to cover the costs of paying for the apartment.

It is advisable to make a copy of the employer's passport. If any other people will live with him, then it is important to indicate their passport details, as well as full name. Be sure to take a copy of their passports.

How to officially rent an apartment if it has 2 owners?

It often happens that several people own the same apartment. What to do in this case?

First, get the consent of all owners for the delivery. Further, there are two options for the development of events.

Consider the least expensive option that does not require additional costs. Proceed according to the algorithm given above, but remember that the contract must be signed by all owners with their own hands!

For a number of reasons, for example, if one of the owners lives in another city and cannot come to conclude an agreement, you can use option 2 for renting an apartment. How to officially rent an apartment in this case?

Proceed according to the above algorithm. However, you will need an additional document, i.e. a notarized power of attorney from the owner. It will state that you can single-handedly rent out an apartment and receive money for this.

Please note that such a power of attorney is not made free of charge! You have to pay. And as a rule, a fairly substantial amount.

Is it possible to rent an apartment that is on a mortgage?

Indeed, this is a fairly popular question among owners of an apartment purchased under a mortgage lending program. How to officially rent an apartment in this case? First, you need to obtain the bank's permission for such actions. If it is received, then proceed according to the algorithm. In this case, there will be no difficulties.

However, there are situations when borrowers hide the fact of renting an apartment in a mortgage. What threatens them?

First, there is a fine from the state for non-payment of taxes. Secondly, the bank's sanctions. He may require early payment of the loan. Or write you a fine.

Taxes paid by the owner of the rented apartment

In the Russian Federation, the tax on renting property is equal to the tax on personal income and amounts to 13%. If the rental period does not exceed 11 months, then the individual does not pay the state fee.

What if the property has several apartments for rent?

In this case, you should register as an individual entrepreneur. In this case, the tax will be different. You can choose the taxation system that you like best. Namely:

Simplified system. In this situation, the tax will be 6%.
General system. In this case, the tax amount will be calculated as follows: 15% x Income from renting an apartment - Expenses.

What documents are required for renting an apartment?

1. Passport of the owner / owners of the premises.

2. Certificate of state registration of law.

3. Two printed contracts.

4. If your choice is to rent an apartment through an intermediary, then you need an agreement if you have entered into it with him.

How to collect money from tenants?

The easiest way is cash and handing over the money. But he's not the most reliable. Because you can make a mistake when calculating funds. Sometimes counterfeit money is in circulation. In addition, with such a transfer, it is imperative to draw up a document stating that the tenant transferred the funds to the owner, and the owner received them. Simply put, an act of acceptance and transfer of money or a receipt. Therefore, it is better to automate this process.
Bank transfer. Arrange with the tenants to transfer the rent money to your account on a certain number. It is very comfortable. You can always take a bank statement and resolve controversial issues about finances, if any. In addition, you will reduce errors that can occur with cash settlement.

Helpful hints:

Insure your apartment and property in it before renting it out! This does not require large investments, but it can save you from many troubles and additional expenses in the future. Currently, there are many companies on the market that are engaged in this type of activity. If you wish, you can even insure civil liability.
Pay close attention to the date of payment of taxes. You must do this by 1.04 of the next calendar year. Otherwise, you will have trouble with the tax office, fines and penalties. This means that you will incur additional costs. You need it?
Be sure to send a copy of the agreement to the tax authority immediately after signing the document!
And most importantly - do not violate the laws of our country!

I periodically observe posts about renting / renting apartments for rent and always read them with interest, but ... to my regret, I could not bear anything right (I emphasize, right for me). But under each text on this topic, a serious holivar of a white and black rose unfolds, in which both parties to the transaction, the landlord and the employer, participate. True, there is still a third party who does not rent or rent apartments, but knows best how to do it. But there is a third party in any discussed issue, so we will not pay attention to it.

In fact, realtors are also involved in disputes, but for some reason not one or the other side does not like them. Realtors are evil! - I read it somewhere in the comments. Although it is not clear why.

Here I want to tell you about my personal experience, how I do it. I do not pretend to be true, I do not plan disputes, I do not insist that "this is the only right way", I just share my experience of renting apartments in Moscow and the Moscow region.

How I look for clients

Everything is simple and trite, a realtor helps me. I do not have the time and desire to look for tenants myself, talk to them on the phone, answer questions, go and show the apartment. All this is done by a realtor, to whom I have voiced the requirements for tenants. And although he is not responsible for the selected tenants, he filters them at the selection stage, according to my requirements.

Requirements for tenants

They are simple and straightforward. Family (preferably), with a child (preferably), permanent registration in the Russian Federation (required). Possibly with animals.

Why is permanent registration necessary? These are purely my internal cockroaches, but it seems to me more reliable than it would be a foreign migrant.

Why a family with a child? It's very simple - I don’t rent out an apartment for a month or two. It is more convenient and profitable for me to rent at the lower price limit, but for many years, so if it is a family with a child, then the chance that they will not leave the apartment in a year is very high. That is why I always give them a temporary registration for a kindergarten / school (without it they do not take), if they ask for it.

Housing cost

As written above, I have it in the lower price limit on the market and never rises, except in cases of a sharp increase in tariffs for housing and communal services (which has not yet happened), or in the situation described below.

There are people who are looking for tenants for several months, because the price of an apartment is raised to the very top. And, of course, sooner or later they find it. But here there is a considerable risk that very soon the tenants will find another housing, similar in quality, but much lower in price. And there is one more thing - for example, renting an apartment costs 50 tr / month. This is the maximum price for such apartments. The owner is looking for clients for a month, two, three, but he does not lower the price. As a result, he finds it, but for three months the apartment did not make a profit, in the end he will receive 450 tr. In 9 months, although if he reduced the price, even to 40 tr / month, he would have rented it right away and had would for a year 480 tr. As you can imagine, this example is greatly exaggerated, but I believe it is correct. Because the tenants of an expensive apartment during this time will find a cheaper option and move out, and the owner will again lose several months in search of tenants.

Deposit

It was not me who invented it, but I use it. Upon arrival at the apartment, payment for the first month of residence and a deposit in the amount of a monthly payment are taken. You must return this deposit to the tenants upon their departure. Moreover, you should not agree to the offer of tenants to set off this deposit as payment for the last month. This deposit is your guarantee that when you return the keys to you and find damage to property due to the fault of the tenants, you will not have to pay out of your pocket for the elimination of breakdowns.

Abnormal situations

The cost of an apartment is formed, among other things, from the presence of various amenities in it. And therefore, if something in the apartment breaks down from equipment, furniture, a pipe leaks, a toilet is broken, etc., then all this is restored at my expense, of course, if the breakdown (leakage) was not the fault of the tenants. But for me this is such a rare case that I do not even remember that the tenants themselves broke something and asked me to restore it for my own money.

Relations

Sometimes it happens that tenants want to buy something from equipment or furniture for an apartment. We negotiate this and they buy against future housing payments. After that, the acquired item becomes my property. And they feel good, they bought what they wanted, but the money would still be given to me as payment and I feel good, as additional furniture (appliances) increases the attractiveness of housing for future tenants. I must say that the first time I rented out one apartment completely empty, but now it is almost completely furnished.

No need to call tenants on the phone. At all. Only one call is allowed, on the eve of the payment day, to agree on a meeting time (if payment is made in cash) and that's it. The more you call, the more often you remind them that the apartment is not theirs, but temporary housing. And to come with a check, enter the apartment, inspect the rooms, this is almost a guarantee that the tenants will treat the apartment as a rented one. And such behavior will not add to you respect. Residents should feel like full-fledged owners of your apartment, only then they will treat it as their own.

If you and the tenants agree in advance on a troubleshooting system, as I wrote above about emergency situations, then they themselves will call you and tell you where, what has become wrong in the apartment. It will not be profitable for them to hide the shortcomings that have arisen, since they will be eliminated anyway at your expense.

My experience in renting out housing is not so great, only ten years, but never, not a single apartment has been waiting for tenants for more than two weeks. And they always moved out with regret and not at all because I provided them with low-quality services. One family went abroad, the second (a girl with a child) got married and went to live with her husband, another one gave birth to a third child and left for a more spacious apartment.

Some tenants have moved out, while others have not yet been found

During this time, I put the perfect order in the apartment, including washing windows, behind / under furniture, etc. I check all the plumbing, furniture doors, handles (sore spot) and everything else that affects a comfortable stay. If necessary, I repaint the walls (in one apartment, wallpaper for painting, it is very convenient) or re-glue it, if they require it. Yes, these are additional costs, but they were originally planned. No matter how neatly people live, it doesn't matter if something falls off, comes off or unscrews, especially if there is a child in the family. And the next tenants should see a clean and beautiful apartment.

It is not necessary for tenants who move out to make claims for torn wallpaper or scratches on the laminate, this is all natural wear and tear. Of course, if the TV is broken or the refrigerator is dented, then everything is deducted from the deposit.

Rent

Electricity and water are paid by the residents, everything else is paid by me.

Increase / decrease in the cost of hiring

This is a very slippery and very disliked moment for me, but there is no escape from it. The first time the tenants asked to lower the cost of rent, in my opinion, in 1998, at the time of the crisis. We have discussed the amount of the reduction, but on the condition that as soon as the situation in the country stabilizes, the cost will return to the pre-crisis level. A couple of years have passed, the crisis has subsided and the time has come to raise the price, but the market in this area sank a little and it was not possible to return to the pre-crisis price. After that, the tenants lived with me for four more years and went abroad.

Agreement and other legal issues

In any case, it is better to find out the details and nuances from lawyers. I conclude a contract for 11 months with an inventory of the property, its condition and defects, payment procedure, monthly amount and mandatory conditions under which the cost of renting may be increased. In our country, one cannot be sure of the stability of tariffs and taxes.

When making financial settlements with tenants, I confirm with a receipt that the money has been received.

This is my experience. Someone will say that I was just lucky with the tenants and may be right. But without strict filtering of those who want to rent an apartment, even if it is more expensive, this luck would not exist.

Good luck to all adequate tenants and landlords!

The dream of many is to own several residential premises, rent them out and live happily ever after. Outwardly, it might look attractive, but in reality renting out is a huge "headache" for the landlord. It is necessary to constantly solve a bunch of problems: tax, search for bona fide tenants, repairs, etc. let's try to sort out this difficult issue.

Step-by-step plan on how to rent out an apartment correctly

If you have a vacant apartment, it can be turned into a good additional income. Of course, you will face many difficulties, but they will mostly be at the initial stage.

Step one

The first stage is a preparatory stage, all that is required of you here is to research the market.

Before placing an ad on the network, or contacting an agency, you need to study what offers are already available, what landlords indicate in the ad, look at the offers of potential competitors.
Study well-known ad sites. Study their structure, presentation of the text, what are the prices. It is worth paying attention to what determines the price tag (area, availability of furniture, repairs, etc.).
It is worth paying attention to the fact that the rental price will depend not only on the beautiful renovation. The cost is also influenced by such factors as: the area (the closer to the center, the more expensive, respectively), the presence of various infrastructure nearby (entertainment centers, shops, kindergartens, etc.), transport accessibility, neighbors, condition of the apartment, area and many others.
After conducting this research, you can already roughly estimate the cost of your premises.

Step two

The essence of this stage is in preparing the apartment for delivery. In any case, you will have to do at least minor cosmetic repairs to give the apartment a presentable look.

Initially, you need to get rid of all the trash in the apartment, which is clearly not useful for future tenants. Different bedside tables in the style of the "Soviet Union" will clearly not give the apartment an attractive look. It is desirable to make the interior as modern as possible, “grandmother's options” are not quoted today.
The apartment must be equipped with all the necessary small household appliances and furniture. Of course, some landlords also offer unfurnished options, but such premises are unlikely to be in great demand, and their rent is much lower.
Before renting out an apartment, you need to pay all existing (if any) debts for utility bills, remove personal belongings.
Be sure to check the condition of the wiring, plumbing, household appliances, etc. If an emergency occurs related to a malfunction of a device that was already in the apartment, you will have to deal with the consequences. It will be especially unpleasant if the expensive equipment of the tenant suffers from faulty wiring, the cost of which will have to be reimbursed to you.

Before renting out an apartment, it is advisable to insure it (whether it is legal or not, you are going to issue a lease), so you will protect yourself from possible risks and costs in the future. When insuring property, you need to take into account any possible troubles: fire, flood, explosion, etc. If the lease is formalized, insurance is a mandatory item, but in this case the insurance premium will be slightly higher.

Which apartment will be in demand

Of course, not every room will be of interest to potential tenants. In order for an apartment to be in great demand and start generating income, it must meet certain requirements:

One of the main factors is the location of the apartment. Naturally, premises located closer to the center are in great demand and are much more expensive. The location factor refers not only to the area of \u200b\u200bthe city, but also to the general location of the living space. This includes the following points: sunny side, floor, corner apartment or not, etc.
Of course, tenants pay attention to the beautiful and modern renovation. Even if the apartment is very clean and tidy, the renovated premises will be in much greater demand, and the rent in this case will be much higher.
Mobilization. Apartments with furniture and household appliances are more interesting for potential tenants. The apartment should at least have: refrigerator, gas stove, TV, sofa, bed, table, etc.

Step three

The next stage is already related to submitting an advertisement, but so far indirectly. The task at this stage is to correctly photograph the apartment.

The potential tenant will look primarily at the photographs of the premises. Therefore, they must be made with high quality, with a good camera.
When photographing your premises, you need to show all the most beneficial aspects of it. Professional photographers are often hired for this task, but you can also cope with this task yourself.
Before you start taking a photo, you need to take a close look at your apartment. Look from what angle this or that room will look more profitable.
Before the photo session, it is imperative to do wet cleaning. Dust and dirt will be very noticeable in the photo, which greatly spoil the view.
In the photo, it is desirable to make a cozy look, you can add a couple of accessories that will make the atmosphere more "home". Soft toys, pillows, flowers and so on will help to cope with this task. If you feel sorry for leaving these things, you can not leave them, but only capture them in a photo. After all, a potential tenant will not pay attention to these little things when inspecting an apartment live, but in the photo they create a cute, warm "picture".
It is better to take a photo session during daylight hours and it is desirable that the day is sunny. In daylight, natural light, the room will appear more comfortable than with artificial light from a chandelier.
You need to take a lot of pictures, people are attracted by the abundance of pictures. The more quality pictures you take, the higher your chances of renting out your premises.

Step four

This is one of the most crucial stages - writing an ad. It should have a maximum of information, but at the same time not be overloaded and difficult to understand.

The ad must contain a description of the apartment, the presence of a balcony, renovation, area, infrastructure, etc.
It is necessary to indicate the features of the layout and the apartment itself (glazed balcony or not, combined or separate bathroom, sunny side or not, corner apartment, etc.).
The ad text may also contain requirements for potential tenants, for example, someone rents housing only to married couples, or exclusively to students. The requirements of each landlord are individual, but you should not go to extremes and make excessive demands, especially if your apartment belongs to the economy class.
Before placing an ad on the site, it is imperative to check the text for errors, both spelling and punctuation, as well as speech and grammar. Be sure to read the text before submitting to remove unnecessary repetitions and typos.

Step five

There will be no difficulties at this stage, because the main task here is to place an ad.

You should choose the most popular sites with ads, it is easy to do they are all well known. You should not place ads on little-known sites, people rarely visit them, but scammers often use them.
You can advertise in the newspaper, this is one of the most reliable ways to protect yourself from scammers. But newspaper ads have downsides: you cannot post photos, and often the text size in a column is limited.

Step six

When your ad goes live, you will receive many calls from potential customers. The very first telephone conversation is very important, the landlord must inspire confidence and clearly answer all the questions of the interlocutor.

During the conversation, you need to be polite, but do not try to impose your apartment on the client. It is enough to say a couple of words of praise and answer your questions.
When you first communicate with a potential tenant, you need to find out whether he agrees to your conditions, whether he meets the requirements (i.e., if you are looking for a non-smoking tenant, you should definitely clarify this detail during the very first conversation so as not to waste time).
If, following the telephone conversation, everything suits you both, you need to make an appointment. If you have several tenants, it is advisable to set the time for everyone on the same day with a difference of 20 minutes. This is done in order not to go to the apartment every time, and sometimes people do not come to the meeting at all, why bother yourself once again. There is nothing wrong with that, people in search of an apartment are also considering several options.

Step seven

This stage is one of the most important - showing the apartment. At this point, you need to be as confident as possible in order to inspire confidence in the client.

Before showing the apartment, you need to arrive earlier than the tenant in order to have time to clean up, bring beauty. And it's just not nice to be late, the impression of you will be formed from the very first seconds.
You need to show every room, including the kitchen, bathroom, etc. Be sure to tell how long ago the renovation was made, what pleasant neighbors, etc.
During the display of the premises, the landlord must also keep an eye on his future tenant. It is necessary to clarify once again with whom he is going to live, whether there are bad habits, small children, etc. (if this is fundamentally important, of course).
If the client is in doubt, do not pressure him. If your room is not liked, no persuasion will help, and if a person is seriously interested, he will definitely return to you.
Clients are not always familiar with the area in which the apartment is located, it is imperative to tell about the nearby shops, infrastructure, etc.
It is not necessary to wait for each question, tell us about all the features of the apartment yourself (is there hot water, do you leave the washing machine, is there internet and cable TV, etc.). But do not be too intrusive in your story and do not embellish reality.

Step eight

This stage is purely formal - the execution of the contract. The document must indicate the requirements for the tenant, if not observed, the contract may be terminated.

The contract must be drawn up in two copies: one remains with the landlord, and the other with the tenant.
The document, in addition to the requirements for tenants and the condition of the apartment, must indicate the amount of the monthly rent and the approximate duration of the tenants' residence, which can be set specifically. Be sure to indicate the conditions under which a tenant can be evicted from your home.
Before drawing up a contract, you need to record the meter readings and take a picture of the future tenant's passport in order to avoid unpleasant situations, or not to become a victim of a fraudster.

Obligatory clauses of the contract

The full names of both parties entering into the contract must indicate the passport details of the lessee and the lessor.
The amount of the rent, the terms within which the tenant is obliged to pay the rent. Additionally, you should specify the conditions for changing the cost (if this item is not there, the tenant has no right to increase the amount of the monthly payment)
How often the tenant can check the apartment. If you want to occasionally visit the tenants without warning, indicate in the contract the clause allowing you to do this. Without this instruction, the landlord can only visit the tenants after a warning, but in this case he will not be able to protect himself from some of the risks described below.
The contract must contain instructions on who pays for utilities. If the landlord agrees to cover these costs (which is extremely rare), he also prescribes this in the document.
If the owner of the apartment wants to impose any restrictions on the use of the apartment, he must indicate this in the contract.
The document should include a list of persons who will live in the apartment. The tenant is obliged to notify the landlord and agree with him on the possibility of their residence that additional people will live in the apartment. If necessary, additional persons can be included in the contract.
Naturally, there must be conditions for breaking the contract, here you can indicate under what circumstances the tenant can be evicted.
Other conditions at the request of the owner of the apartment.

Sometimes clients are very meticulous people and may require some documents from you to make sure that the transaction is clean, here are the documents you should have with you in such a case:

passport (a copy is possible);
certificate of ownership of housing;
receipts confirming the absence of utility bills.

This is a package of mandatory documents, the client can demand anything, but you should pay attention, if the requests of the future tenant seem strange enough to you, you should think about whether you need such a tenant.

Step nine

This is the most pleasant moment for the owner and the most unpleasant moment for the tenant - prepayment. Everything is simple here: the amount is negotiated in advance, so no difficulties should occur. All financial transactions should preferably be recorded and signed by both parties in order to avoid misunderstandings in the future. Create a special notebook for these purposes, where you will write the amount and sign that you received it, and the tenant for giving it to you. Don't forget to include the number. Having such a notebook, you and your tenant will be sure that there will be no questions about the financial side, each time you can look into the records and check the availability of payment.

The main risks for the landlord

If you are going to rent your apartment, be prepared for the fact that certain difficulties and unpleasant situations may arise. The landlord must always be mentally and physically prepared for all kinds of unpleasant situations.

Property damage

Of course, the tenant will treat your property differently from his own. Be prepared that after each tenant you will have to make cosmetic repairs, especially if they are people with small children and animals. It is imperative to include a clause in the agreement, by signing which the tenant undertakes to restore all property damaged by him.

Sublease

Recently, a very common type of fraud, especially in large cities. The scheme of this type of fraud is extremely simple: they rent an apartment from you, and then rent it out to other tenants, increasing the cost several times. Very often, rented apartments are rented out to guest workers using this scheme, since they live for several people and you can take a huge amount from them. It is very simple to reveal such a deception: most often neighbors report that there are a lot of tenants in your apartment and they are behaving noisily. You can also sometimes visit tenants without warning.

A huge number of residents

This problem is similar to the previous one, but in this situation the tenant lets guests in free of charge. Some landlords are not embarrassed by the living of numerous friends and mistresses, especially if they do not cause much inconvenience (which is extremely rare). Sometimes tenants arrange brothels or drug dens, be careful, because in such a situation the landlord will be responsible before the law, even if he had no idea what was happening in it. You can also control this situation with the help of neighbors or personal visits.

Unlawful actions of tenants

Sometimes there are such cases when tenants rob, set fire to or sell property from the apartment. It is to prevent such situations that you need to photograph the passport of the person you are going to let into your home. It is necessary to solve such a problem with the help of the police, since this is already a criminal offense. If a person refuses to show his passport, think a thousand times whether it is worth trusting him and for what purposes he needs your apartment.

You can avoid such unpleasant situations by renting an apartment officially, but in this case, you will lose a little in income, but you will completely protect yourself from fraud. You just need to choose a real estate agency with a good reputation (look at the recommendations of eminent realtors, reviews on the Internet, etc.), and the company's employees will already help you find responsible tenants, carry out an inventory of the property, draw up and execute an agreement, etc.

Penalties

According to the law of the Russian Federation, income from renting an apartment is taxed. If you want to rent an apartment unofficially, you run the risk of running into a huge fine. In addition, a person who avoids a tax return risks imprisonment for a period of six months (if the amount of unpaid taxes is more than one hundred thousand rubles).

Tax system

If you want to do everything according to the law and formalize the lease, you will be required to pay taxes on your income. For individuals, there is a standard procedure for paying personal income tax. An individual entrepreneur can choose from several proposals:

General tax regime. In this case, the landlord is obliged to pay 13% of his income, collect supporting certificates that the calculations were carried out correctly.
Simplified taxation system. Here the tax contribution is calculated based on income, but on average it is around 6% of total income.
Patent taxation system. In this case, there is no specific interest rate. There is no need to pay taxes, but you will need to buy a patent, which is quite expensive. The cost of a patent is different in each region. Additionally, under such a system, it is necessary to make contributions to tax funds.

Trying to reduce the percentage of tax deductions, some tenants prescribe in the contract an amount for the rent that is lower than the real one, but this method is illegal. The agency will tell the owner more about all possible taxation systems, and they will definitely help you choose the most profitable option.

Daily apartment rental

It is possible to rent an apartment not only for a long term, but also by the day and even by the hour. This type of business is much more risky. The best option for daily rent is a one-room apartment, since utility bills will be much less, it is much easier to make modern renovations in a one-room apartment, as a result of which the rent can be made much higher.

The ideal location for a daily rent apartment is the area near the train station or city center. Why these particular areas? Because mainly business travelers are interested in such apartments.

Advantages of daily rent

If necessary, you can always use the apartment (if at that moment there are no tenants there);
Good income. Such apartments are in great demand, especially during the holidays (but in this case there is a risk of damage to property, do not forget to provide all the precautions described above);
With this type of lease, IP registration is not required;
If the apartment is initially in good condition, it is a good source of income from scratch, requiring only advertising and a little preparation of the premises.

Cons of daily rent

Complaints from neighbors. Sometimes tenants are very loud, but this problem can be easily solved by responsibly choosing clients. Some neighbors are worried about the constant flow of strangers.
Some clients do not behave responsibly, they can ruin your property. To warn yourself against these kinds of problems and the financial costs associated with them, always photograph each client's passport.

When renting an apartment by the day, there is a certain list of expenses, it includes items such as:

Tax contributions (if you are going to issue an individual entrepreneur);
Advertising materials (you can use free sites with ads, but this method is less effective, since ads are posted on such "boards" every minute and yours will go down to the bottom very quickly. And in order for the ad to be fixed at the top, you will have to pay for it );
House cleaning and bed linen washing. You can avoid these expenses and do the actions with your own hands, but then you will spend most of your life tidying up the apartment. It is much easier to contact a cleaning company.
The cost of consumables (usually very small), such as toilet paper, soap, sugar, tea, etc.
Payment of utility services. With daily rent, it will no longer be possible to "hang" this expense item on the tenants.

Renting out an apartment is a good way to earn extra money. But, like any business, it has its own pitfalls and certain risks. At first, not everything can be obtained, and at first the income will only cover the initial expenses, but after a certain amount of time, the apartment will become an excellent source of income. Renting out an apartment is not difficult both independently and with the help of an agency, but it is worth remembering that tax evasion in the Russian Federation is a criminal offense.