What is a deposit when renting an apartment? What should you consider when applying for a security deposit? What is a security deposit when renting an apartment and how does it differ from a security deposit? Detailed overview of concepts, registration procedure and return Deposit for the last month of rent

Security deposit - what is it?

The security deposit is not a deposit and does not represent payment for the last month of rent. This instrument is called differently: security deposit, security payment. But there are significant differences between a security deposit and a prepayment or security deposit, and if this difference is not understood, there may be conflicts at the end of the lease.

The essence of the security deposit is that the tenant credits the landlord's account with the amount agreed upon by the parties. This payment provides coverage for possible damage to the rental property. The security deposit is a refundable amount; it cannot be used as payment for the last month and is not related to the rental deposit.

This fee covers damage to the property if such damage is discovered at the end of the annual contract. When drawing up an acceptance certificate, the owner inspects the apartment, determining whether everything is in order with the furniture and the state of repairs, with payment of telephone bills, etc. At the same time, the necessary costs for bringing the apartment to its original form are estimated. These costs are deducted from the amount of the security deposit, and the remainder of the amount is returned to the tenant by the owner. If the property was not damaged and there was no damage, the full amount of the security deposit is returned to the tenant. The purpose of this deposit is to protect the interests of the property owner.

This type of payment can be called a security payment: with its help, the tenant’s obligation to carefully handle the property is ensured. Calculating the amount of damage is a matter for the owner, who does not always accurately estimate losses. It is common practice to charge one month's rent for damage.

When real estate is taken into use, as a rule, its owner, when signing the contract, requires the tenant to make additional payments in the form of a deposit, a deposit or a security deposit.

For those uninitiated in legal subtleties, the listed amounts may seem synonymous. But in reality this is not the case, so let’s look into the nuances.

When is a security deposit applied when renting premises?

The legislation regulating rental relations does not provide for such a concept as a security deposit. Meanwhile, owners of residential and non-residential real estate often include clauses about it in the agreement with the tenant.

What is such a rental payment? This is the amount that covers damage caused to the property owner. For example, a tenant, due to a negligent attitude to his duties, worsened the condition of the premises, damaged it, and appropriated the property located there. In this case, the losses incurred will be covered from previously provided funds.

A rental deposit may be required in other cases. For example, it could be:

• delay in paying rent for one or more months;
• refusal by the tenant to compensate for utilities;
• early vacancy of the premises without the consent of its owner.

Have a question or need legal help? Take advantage of a free consultation:

If the tenant turns out to be in good faith, then at the end of the contract the entire amount is returned to him in the agreed manner.

A deposit under a lease agreement is a payment to cover the landlord’s possible loss for damage to his property or other violations of rights. It does not count towards the rent. If there is no damage, the amount is refundable.

Collateral has different functions. The main one is the financial consolidation of the tenant’s intentions to rent housing for a certain period. The amount of the deposit is equal to the first and last month of rent.

Does it make sense to enter into an agreement with a deposit?

This is a benefit for the landlord. These funds provide a guarantee of the safety of his property. However, any thing can get worse without the tenant being at fault. In official parlance this is called normal wear and tear.

For example, a faucet in a kitchen or bathroom has become unusable due to its “old age”. In this case, it would be wrong to cover the costs of its repair through insurance. Therefore, if the owner insists on it, it is advisable for the tenant to stipulate special conditions in the agreement.

Contents of the apartment rental agreement with a deposit and basic conditions

Regardless of whether a residential property or a commercial property is being rented, agreements should be made in writing. The characteristics of the object transferred for use are indicated (address, area, number of floors, intended purpose). Further points follow regarding rent, compensation for other expenses, payment deadlines, mutual rights and obligations of the parties. It is necessary to stipulate the mutual responsibility of the parties to the transaction, the procedure for resolving disputes, and early termination of the contract.

In relation to the security deposit, it is necessary to specify its amount, the procedure for making it, as well as cases in which the lessor has the right to keep the payment made. The entire refund procedure should be documented in writing.

Sample rental agreement with deposit

The form of the agreement is standard. The only thing is that a separate section regarding insurance is added to the contract form. A separate paragraph emphasizes that it is not counted toward the rent and can be returned upon expiration of the lease term.

The amount of payment is not regulated by law and is established solely by agreement of the parties. Practice shows that if the apartment is without a special set of furniture and with minimal repairs, the amount of insurance can be equal to the monthly rent. However, exceptions are quite possible. There are options when the amount of the deposit is calculated based on the estimated value of the property or the value of the items in it.

The parties determine the payment independently and there are no restrictions here.

As a conclusion, we emphasize that the use of a security deposit when renting non-residential premises by civil law is not regulated by other legislation. It is established exclusively by agreement, acting as a kind of guarantee that the property or interests of the owner (lessor) will not be damaged by an unscrupulous tenant.

It cannot be considered as payment for the last month of rent, since it has a completely different function in the relationship between the parties. If all the terms of the agreement are fulfilled correctly, the property is returned intact and intact, then the money deposited is transferred to the tenant in full.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the website, and our lawyers will advise you for free!

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

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

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

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

Basic moments

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

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

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

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

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

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

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

Required terms

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

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

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

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

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

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

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

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

Why is this necessary?

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

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

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

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

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

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

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

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

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

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

Current standards

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

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

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

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

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

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

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

What is a deposit when renting an apartment?

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

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

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

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

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

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

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

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

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

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

Conclusion of an agreement

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

That is, the contract stipulates such basic points as:

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

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

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

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

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

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

Between individuals

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

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

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

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

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

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

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

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

Do I need a return?

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

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

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

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

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

If daily

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

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

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

Today, about 90% of property on the Russian market is bailed. The landlord determines its size independently. The tenant is required to pay the deposit in full before moving into the apartment and using it.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.

It's fast and FOR FREE!

What it is

The security deposit is a kind of guarantee of the safety of the apartment and the property located in it.

It is paid in case the tenant initiates a flood, causing significant damage to both the rented and neighboring property, the restoration of which requires large investments.

Often the previously paid amount of money is used as payment for the last month of residence. This happens if the accepted tenants are completely satisfied with the owners. Then they can count the deposited funds as payment for the last month of stay.

What is it needed for

Most owners who require a deposit explain their decision as additional insurance in case the tenants unexpectedly move out. Thus, tenants of an apartment a month before the sudden termination of the agreement are required to notify the owner in advance about this.

The reasons can be different - moving to another locality, inability to pay bills, etc. Here the deposit will be the payment for the last month of renting the property.

In other words, the security deposit is insurance for the purity of the contractual relationship only if the moment of its payment is specified in the lease agreement and is highlighted as a separate clause.

Is the deposit refunded when renting an apartment?

Russian legislation explains the deposit as a refundable sum of money, which is paid back upon termination of the contractual relationship.

From the landlord’s point of view, it is advisable to make a return only during a personal meeting with the tenant in the rented apartment, and only when the rental period comes to an end.

This will avoid various problems, since the condition of the apartment may noticeably deteriorate, and some items may be completely missing.

Information that there are no debts. The parties have no claims against each other, and the contract itself is terminated. A record of the amount of the returned deposit, etc. is also required.

How to return

In life, situations often occur when the owners refuse to return the deposit, even when the tenant fully complied with the terms of the contract and kept the property in excellent condition.

Moreover, the tenant can be completely confident that he is right, since throughout the duration of the lease agreement he has complied with all the requirements for the safety of property.

At the same time, the property owner provides an impressive list of violations and reasons why he does not want to return the deposit money.

To get the money back, the tenant must first file a claim in writing with the initials of the property owner.

If he does not recognize it, then the employer will only be able to achieve his goal through the court. Then he will be able to return at least part of the money deposited.

If the tenant conscientiously fulfills his obligations outlined in the agreement, such as timely payment of the monthly payment and careful use of the property, then the owner is obliged to return the entire security deposit in full.

Often problems are justified by a difference of opinion between the owner and the tenant of the property at the end of the contract. Here you need to pay attention to the natural wear and tear of the property and depreciation.

For example: washed rugs and clothes hangers that have become loose from long use. In this case, there can be no question of damage. But if the apartment has burnt furniture or a broken window, the situation changes radically.

If the owner explains his reluctance to return the deposit by saying that the property was damaged, but the reasons indicate the natural nature of wear and tear, then the tenant has the right to go to court with a claim. The main thing is that it deals with the unjust enrichment of the owner.

Features of the agreement

In order to protect yourself from problems as much as possible, it is advisable to make sure at the initial stage that absolutely all the nuances regarding the return of the security deposit are outlined in the agreement.

As practice shows, the owner is often denied the age of the deposit because they manage to find evidence of damage in the apartment.

The reason is a slightly scratched surface of the furniture, even if the coating itself was of poor quality, as well as dirty curtains. It is advisable for the tenant to keep the apartment in perfect condition so that the owners cannot find fault with anything.

The inventory of property is compiled by the parties to the agreement jointly. If during operation the tenant wishes to carry out repair work or rearrange furniture, this fact must also be recorded in writing with the signature of both parties.

When signing an agreement for the rental of property, the parties must define in it various requirements and certain obligations that relate exclusively to the collateral.

These include the following terms and conditions:

• requirements and obligations for the implementation of payment for rental property;
• conditions and requirements relating to compensation as a result of damage caused to the rented apartment for one reason or another;
• unilateral decision on early termination of the agreement;
• terms of a different contract.

In any case, drafting this document requires some legal knowledge.

It is difficult for an ignorant person to draw up a valuable contract that will maximally meet all the requirements, and it is impossible to challenge it in court. Therefore, it is good if the parties can use the services of professional lawyers.

They can also help resolve all issues related to the content of the conditions and requirements for the parties that are directly related to the signing of the rental agreement.

Meanwhile, Russian legislation does not provide a clear structure of requirements and conditions regarding the return of the security deposit.

Because of this, attention is paid to the Civil Code of the Russian Federation. It states that the parties must independently designate all the conditions that will apply when posting bail.

For convenience, parties to the agreement can use an existing scheme. On its basis, most contracts are drawn up.

Then you need to focus on several points:

• payment of rent inconsistent with the time described;
• damage caused to interior items located on the property;
• conditions of no payment for rent, utility bills and telephone calls;
• requirements for termination of contractual relations without warning, and before the expiration of its validity.

Participants must be confident that the security deposit agreement contains all reasons why the security deposit may not be paid and that the interests of all participants are fully respected.

It is good if the tenant checks all requirements for the return of the deposit on his own in advance. For example, if the owner of the property insists on determining liability for early termination of the contractual relationship, the tenant may demand similar conditions from the owner.

The agreement must clearly indicate the purpose of the contribution and its amount, and this data must be indicated both in numbers and in words.

If, in addition to the signatures of the participants, the agreement also contains the signature of the realtor, then he is the guarantor of the use of the contribution for its intended purpose. By indicating his signature, the mediator assumes the obligations of an arbitrator.

In the future, it will be he who will be directly involved in controversial situations regarding deposits and collateral. This is included in the cost of intermediary services.

The security deposit can be handed over to the owner personally or transferred to a bank account by bank transfer.

If the money is transferred using the second method, then the payment receipt is an additional confirmation of payment. Of course, if this is stated in the purpose of the bank payment.

How to draw up a receipt and its sample

Agreement receipts never replace each other. The subject of the receipt is an amount of money indicated in words and numbers.

The text part also necessarily lists all the conditions and obligations of the parties, including ensuring the safety of the owner’s housing, as well as a warning about early termination of the contractual relationship a specific number of days before the date of termination, etc.

A separate column indicates the possibility of the pledgee to compensate for all possible losses at the expense of the pledge.

A condition is also mandatory that specifies the tenant’s ability to receive collateral finance from the owner of the property in full if all the requirements and conditions of the contract are met.

The finished document is supported by the signatures of the parties, and acquires legal force and can be considered by the judicial authorities as a document that describes the obligations of all parties.

The issue of issuing a security payment must be resolved competently. Therefore, upon receipt of funds corresponding to the amount of the security deposit according to the agreement, the apartment owner must write a receipt stating that the money was transferred.

This will save both the tenant and the homeowner from possible unpleasant nuances associated with paying the deposit.

Renting an apartment is one of the most common schemes for making money in the real estate market. But this type of activity is associated with some risks. Therefore, agencies use certain techniques to protect the interests of both parties. This article will focus on the security deposit.

Flat rent

Since the rental process is a risky business, those who are looking to make money on their own apartment are wise to use certain types of protection against potential damage or fraud.

A deposit when renting an apartment is one of the tools to compensate for possible material risks associated with real estate. We are talking about damage to property and the condition of the housing itself. In addition, in the event of sudden insolvency of the tenants, the security deposit will allow the landlord to avoid financial losses.

In most cases, the deposit when renting an apartment is equal to the amount of payment for accommodation for a month. But exceptions are possible. For example, tenants may be required to pay for several months (3-4) at once. If we consider the situation with luxury real estate that is rented out, then it makes sense to expect a requirement to pay the annual cost.

Security deposit under the rental agreement

Some agencies take a slightly different approach to such a tool for compensating possible damages. We are talking about a scheme in which such a deposit is not considered as a security deposit or for the last month of rent.

This money cannot be used to pay rent; its only purpose is to guarantee the financial security of the apartment owner in the event of damage to his property by tenants. Therefore, when understanding what a deposit is when renting an apartment, it is worth taking into account this approach to the rental process.

Refund of a deposit

The peculiarity of using the insurance amount when renting an apartment becomes clear at the end of the lease. When the last month of living in the apartment has been paid for, the owner takes over the real estate from the tenant, which means inspecting the condition of the housing and property in particular.

If any damage was discovered (furniture was damaged or repair questions arose), then a security deposit, which is kept by the apartment owner, is used to compensate for it. The remaining funds after payment of the damage are returned to the tenant. If there are no complaints, the owner gives the entire amount to the tenant.

If an agreement was used during the rental process, then there should be no problems with returning the deposit. Thus, in this situation, the deposit when renting an apartment can be considered as a security payment.

How to properly register with a deposit

Initially, it is worth noting that the current legislation of the Russian Federation does not provide grounds for clearly defining the conditions for the return of the security deposit. For this reason, based on Article 329 of the Civil Code, both parties will have to independently determine what obligations the payment of the deposit will imply.

But if we apply the most common scheme that is used in contracts, then attention should be focused on the following points:

• payment of rent that does not meet the established deadlines;
• damage caused to property located in the apartment;
• unilaterally without warning and before the end of the agreed period;
• lack of payment for rent, telephone calls and utilities.

It is very important to make sure that the rental agreement for an apartment with a security deposit contains all the reasons why a security deposit may be withheld. It would be a good idea for the tenant to check the conditions for returning the security deposit.

It is advisable for each party to ensure that all their interests are respected. For example, if the apartment owner insists on stipulating the tenant's liability for early termination of the contract, the tenant, for his part, can demand the same from the property owner.

Receipt for transfer of funds

The issue of design must be resolved competently. Therefore, upon receipt of funds corresponding to the amount of the security deposit according to the agreement, the apartment owner must write a receipt stating that the money was transferred. This will save both the tenant and the homeowner from possible unpleasant nuances associated with paying the deposit.

The receipt itself must include the following information:

• landlord's passport details;
• the amount of the accepted payment;
• date of transaction confirmation.

At the same time, considering what a deposit is when renting an apartment and what are the features of its registration, it is important to note the following fact: in some cases, the amount of the security payment may be divided into several months. If there was such an installment plan, then the party accepting the money needs to write a receipt for each paid part of the deposit.

Compliance with this format for concluding a transaction is important, since otherwise it will be difficult to prove anything in court.

How to accept an apartment after concluding a contract

It is important not only to know what a deposit is when renting an apartment, but also to be able to competently protect yourself from possible reasons for its non-refund. We are talking about claims from the owner of the apartment regarding In order to avoid accusations that are not true, it is worth taking photographs of the state of repairs, equipment and furniture at the time of move-in.

After photographs are taken and attached to the contract, they must be certified by signature from both parties. Thus, the main reason for a problem-free rental can be identified as the exclusion of potential controversial issues at the very beginning and at the contract level.

By the way, some owners of residential real estate cannot decide whether to include the amount of the security deposit in the income statement or not. According to many lawyers, this is not worth doing, since these funds are not payment for rent and are not used as income.

Possible difficulties

One common mistake on the part of the landlord is the intention to use the security deposit under the lease agreement as payment for the last month of the tenant's occupancy. The risk in this situation is quite obvious: if a few days before the transfer of the apartment property is damaged or large telephone bills are discovered, the owner will not be able to compensate for the losses incurred.

Another point worth paying attention to is the natural wear and tear of property and repairs. Sometimes tenants are blamed for such changes, resulting in tense conflicts. But if you pay attention to the civil code, you will notice that the apartment owner has no right to demand financial compensation for natural wear and tear.

An example is the loss of color saturation of curtains (fading in the sun), which the tenant had no influence on. But if, say, the curtains were damaged by the tenant's active pet, then in this case the claims against him will be fair.

How to determine the amount of compensation

This question is also relevant because both parties may not have the same opinion regarding the cost of the damage caused. A striking example of such a situation is a refrigerator breakdown. The owner of the apartment may require that this type of household appliance be completely replaced. The tenant, not agreeing with such a solution to the problem, is able to offer compensation for the cost of repairs. Obviously, the difference in costs will be significant.

Therefore, it is advisable to indicate such points in the contract from the beginning.

Having understood what a deposit is when renting an apartment, the owner should take into account the following principle: the amount of the security deposit should be returned only after receiving all bills, including telephone bills. Then it will be possible to objectively assess the presence of any losses.

If you neglect this rule, you may find yourself having to pay for long long-distance calls from former tenants.

Conclusion

A security deposit is used when renting real estate in virtually all civilized countries. This scheme has proven its practicality more than once. Therefore, it should not be neglected.