What a security deposit for renting an apartment. What is a security deposit when renting an apartment and how it differs from a collateral

Renting apartments, like other residential premises, is a rather complicated process. During the conclusion of the lease, both parties risk getting caught by scammers or simply unscrupulous people, because of whom they risk incurring losses.

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

What does a security deposit mean when renting an apartment

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

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

These risks are as follows.

Property damage or theft;

Damage to plumbing or repair in general;

Accumulation of unpaid utility bills;

Lease of the tenant without paying for accommodation;

Bay of Neighbors.

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

It is important to know that there is no indication of this clause in the legal documents regarding the lease or lease agreement. This means that it is optional.

It is also worthwhile to immediately deal with what can be called damage and what cannot. During the lease, the tenants are given items that they regularly use.

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

That is, if the property has slightly lost its presentation, but is still in good condition, there can be no question of any compensation. In turn, if the tenants broke something, smashed, burned or stole something, this is damage that can be compensated for by a security deposit.

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

How to draw up an employment contract correctly

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

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

It is possible to enter a similar clause in a lease or lease agreement and describe it in detail on the basis of Article 329 of the Civil Code of the Russian Federation. Also in this article it is said that when it comes to an insurance deposit, the amount, conditions and terms must be precisely determined.

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

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

You can transfer the amount in cash to the owner, but then it is imperative to take from him the appropriate receipt that he has accepted the money. Also, the parties to the agreement can choose any option convenient for themselves.

It should be noted that the insurance deposit has a serious connection with the act of transfer of property. Experts recommend that you always draw up an act of acceptance and transfer, because this document allows you to fully indicate the list of leased property and indicate its condition.

The use of the security deposit will apply specifically to damage to things that were indicated in the act of acceptance and transfer as serviceable.

When a security deposit is not taken when renting an apartment

It should be said right away that the condition of the security deposit is not mandatory for entering into the contract. Many lease and lease agreements are concluded without this condition.

But still, there are circumstances under which it is not a good idea to include this item:

The rented space does not have any furniture and equipment;

The rented premises do not have expensive repairs or any valuable items at all.

In short, everything depends on the owner's desire. If he does not feel sorry for things or he is confident in his tenants, he has every right to omit the clause on the insurance deposit when drawing up the contract.

Refund of the security deposit

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

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

In the event that damage to the property was nevertheless inflicted, it is necessary to act as follows. The owner of the property must declare the damage to the tenants, and then they must agree together how much should be spent to cover the damage or repair costs.

It is easiest when it comes to household appliances, because it is easy to find out its price and the cost of repairs. The situation is much more complicated when it comes to damage to tiles, linoleum, parquet or other coatings.

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

It is not uncommon for the damage to be much greater than the amount of the insurance deposit. In this case, the parties can either independently agree or go to court to determine the amount that will cover the damage caused.

Advantages and disadvantages of renting with a security deposit

First, consider the benefits of renting with a security deposit for the owner of the rented home:

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

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

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

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

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

Very often, the insurance deposit is also called payment for the last month of residence. This is quite convenient, because the owner immediately receives the required amount, and the employer can, at the end of the contract, spend the last month at the expense of this amount.

Consider a list of all the points that should be specified in the contract to avoid most problems and disagreements:

Acceptance certificate;

Damage compensation procedure;

Rights and obligations of each party;

Conditions for the return of the insurance deposit;

Terms of termination of the contract.

Sample apartment rental agreement with a security deposit

CONTRACT FOR LEASE OF APARTMENT (RESIDENTIAL SPACE)

moscow

"____" _____________ 20 __

Mr / Mrs _____________________________________________________________________ ___________________________________, hereinafter referred to as the "Lessor", on the one hand, and

Mr / Ms _____________________________________________________________________
_________________________, hereinafter referred to as the "Lessee", on the other Party, collectively referred to as the "Parties",
have concluded this Agreement (hereinafter referred to as the Agreement) as follows:

1. The Subject of the Agreement

The Lessor, for a fee, provides the dwelling space belonging to him by right of ownership to the Lessee for use for living in it.

The specified living space is located at the address: Moscow, street _________________________

house number ______ sq. No. ______, hereinafter referred to as "Apartment"

The apartment belongs to the Landlord on the basis of _________________________________
_______________________________________________________________________________
_______________________________________________ dated _____ registered in the register, No. ________________, a copy of which is attached to the Agreement as Appendix No. 1, which is its integral part.

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

2. Rights and obligations of the Lessor

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

3. Rights and obligations of the Lessee

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

4. Terms of Payment

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

5. Responsibility of the Parties

5.1. The Lessee is liable for damage to the Apartment, property and equipment, as well as adjacent premises, caused through the fault or gross negligence of the Lessee and / or his family members, his guests, as well as pets. Natural wear and tear is not taken into account when determining damage.
5.2 The Lessor is responsible for the shortcomings of the rented Apartments, furniture and equipment that fully or partially impede the use of them, even if at the time of the conclusion of the Agreement he did not know about these shortcomings, with the exception of the shortcomings that were agreed upon at the conclusion of the Agreement and reflected in Appendix No. 2 to the Agreement.
5.3. In case of delay in payment for the Apartment for more than _______ banking days, the Lessee pays a penalty in the amount of _______% of the timely unpaid amount for each day of delay.
5.4. The payment of the penalty does not exempt from the fulfillment of its obligations under the Agreement.

6. Grounds for early termination of the Agreement

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

7. Duration of the Agreement

7.1. The rental period is ______________ days.
7.2. The lease term starts from the moment the Apartment is handed over by the Lessor to the Lessee.
7.3. The contract can be prolonged by agreement of the Parties, as well as in cases stipulated by the Civil Code of the Russian Federation.

8. Force majeure

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

9. Additional terms

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

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

10. Addresses for notifications and bank details of the Parties

Landlord
Mr / Mrs ____________________________________________________________________
Passport
The address:
Fax:
Tel .:
Mob .:
Bank details:

Tenant
Mr / Ms: ___________________________________________________________________
Passport
The address:
Fax:
Tel .:
Mob .:
Bank details:

11. Signatures of the Parties

Tenant _____________________ Landlord _______________________

APPENDIX No. 2

To the Lease Agreement No. ______ dated _____ _______________ 20___

ACCEPTANCE ACT OF THE APARTMENT

"____" ____________________ 20____

This act is drawn up and signed in duplicate between
________________________________________________________________ (Lessee) and

_______________________________________________________________ (Lessor) on the basis of the aforementioned Lease Agreement.

The Lessor has hereby transferred and the Lessee has accepted the Apartment located at:
Moscow, ___________________________________________, house No. ___, apt. ___ (Apartment).

The apartment is transferred by the Lessor and accepted by the Lessee in a condition that complies with the terms of the Lease Agreement and Appendices No. 1 and No. 3 to it.

The Landlord handed over and the Tenant received ______ sets of keys from the Apartment.

Inspection of the Apartment did not reveal any obvious shortcomings, except for those that may be indicated in the attached list:

_________________________

_________________________

_________________________

_________________________

_________________________

LESSOR _________________________

APPENDIX No. 3

to the Lease Agreement No. _____, dated _____________ 20____

Bedroom

Curtains

Double bed

Nightstand

Wardrobe

Table lamp

TV set

Living room

Sofa / sofa

TV cabinet with shelves

Coffee table

TV set

Curtains

air conditioning

Kitchen

Kitchen stove

Dinner table

Fridge

Dishwasher

Microwave

Hallway

Wardrobe

Coffee table

the guest room

Desk

air conditioning

Curtains

Double bed

Nightstand

Bathroom

Washer

Drying machine

TENANT _________________________

LANDLORD _______________________

Or, the owner of a house for rent can put a condition on the payment of a security deposit.

Why is this necessary, how legal is this requirement, how to make the final settlement with the landlord?

Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phones below. It's fast and free!

What it is?

Most often, a dwelling is offered to tenants with full furnishings - furniture, refrigerator, washing machine, TV, etc.

This service is very convenient for residents, especially if they are young people who have not had time to acquire property.

Are there risks for the landlord?

There are a lot of them, and here are the main risks:

• Damage or loss of things;
• Harm to expensive apartment renovations, plumbing;
• Disappearance of tenants without full settlement with the owner;
• Accumulation of unpaid utility bills, etc.

A security deposit is a certain amount that is paid by tenants to the owner, as insurance, in case of unforeseen circumstances related to tenants, to cover material losses caused by negligent tenants.

It should be mentioned that the law does not contain the concept of "insurance deposit" when hiring or renting, such insurance arises when the contractual relationship between the two parties is concluded.

The Civil Code of the Russian Federation has article 622, according to which things transferred for temporary use must be returned in good working order, but taking into account the changes caused by long-term use, that is, taking into account depreciation.

This means that when accepting an object from tenants, the owner should not demand that the property be returned to him, after using it for 3-5 years, in its original form, but simply in good working order.

Having spoiled the thing belonging to the lessor, the tenant in accordance with Art. 1064 Civil Code must in any of the ways (by agreement) compensate for the damage.

However, you should not confuse a security deposit with an advance payment or a security deposit.

The sum insured in the event of trouble in the form of damage to property simply remains at the disposal of the owner so that he can restore the leased object in its previous state.

If there are no claims to the tenants, there is no damage, then the deposit is returned by the landlord to the tenants in full.

Usually, insurance is equal to the amount of 1-month payment for renting a home, which cannot be considered an excessive requirement - this amount, compared to the damage caused, may turn out to be negligible.

If you want to know how to draw up a lease (lease) agreement for an apartment between individuals, we advise you to read.

How to issue a rental agreement?

It is not necessary to draw up a special deposit agreement, you can include an additional clause on the security deposit, the conditions for its payment and return in the lease agreement.

It is also important to clearly specify, in terms of compensation, what damage this money may remain with the lessor.

A similar mechanism for the execution of contractual obligations by the parties is provided for in Art. 329 of the Civil Code of the Russian Federation, therefore, the introduction of the conditions of the insurance deposit into the main contract is a completely legal action.

The lease / lease agreement includes the conditions for opening a deposit account and the procedure for depositing money into it.

We offer you a sample rental agreement for an apartment with a security deposit: Download.

It is most reasonable to stipulate the deposit within the first month, while payment can be made in any way - in cash at the bank, by transferring money from the employer's account to the owner's account, etc.

It is important that the terms and conditions are specified in the clause of the rental agreement.

Most banking institutions are very familiar with such a procedure as making a security deposit.

The conditions are as follows: the money is deposited one-time, it is impossible to withdraw funds and supplement the deposit, after the expiration of the agreed period, the accrued interest will be issued along with the amount of the deposit.

When passing from hand to hand, the lessor is obliged to draw up a receipt in accordance with all the rules for receiving money, fixing not only the amount and date, but also the intended purpose - insurance in case of damage.

The transfer of funds without specifying their function does not make it possible to understand what exactly was paid - rent, advance payment, mortgage or other, and cannot be accepted in court by evidence due to uncertainty.

When returning the sum insured, the tenant is obliged to issue a receipt, confirming the exact amount and when he received from the landlord.

An obligatory requirement is the drawing up of an acceptance certificate, which is an annex to the lease agreement.

It is in the interests of both parties to approach the registration of the act not formally, but very scrupulously: without fixing the presence of a certain thing, the owner will have no reason to demand it from the tenants upon termination of the contract.

The act of acceptance and transfer of a dwelling when renting is a two-sided document in which the landlord transfers, and the tenant accepts for his use furniture, household appliances, the room itself is in a renovated state, and you should not be too lazy and describe the brands of household appliances and equipment, floor material in as much detail as possible etc.

When is the security deposit not taken?

Can a renter save on a security deposit? This is entirely possible if the rented apartment:

1. Empty - there are no furniture and household appliances in it;
2. Needs renovation, furnishings consist of antediluvian furniture.

Under such circumstances, the landlord does not take a security deposit, but living in a shabby apartment is not pleasant. Depending on the claims of the tenants and their needs, such a rental option is also possible.

Return

The return of the deposit after the expiration of the contract is an important procedure that crowns the lease of a home.

Leaving money to the owner, in the absence of damage, is illegal.

If everything is in order, then the tenants should return the full amount of the deposit, with the bank's interest.

In reality, property damage is not such a rare occurrence.

Before submitting an invoice, you need to determine the amount of losses. If household appliances are rendered unusable, then according to the act of acceptance and transfer, by a joint decision, the tenants with the owner determine which monetary equivalent corresponds to compensation for damage.

Damage to floors, walls, etc. the parties must come to a common denominator on the cost of materials for restoration, adding to the payment of the specialist's work.

The agreed amount of compensation for damage remains at the disposal of the landlord, if there is a balance of the deposit, then the owner is obliged to return it to the tenant.

If the deposit amount is clearly not enough to cover losses, then the employer will have to pay extra.

If it is impossible to reach an agreement peacefully, the amount of compensation will be determined by the court.

A security deposit when renting out an apartment is a well-proven method that allows a landlord to protect his property from vandal tenants.

What is a security deposit when renting an apartment? We invite you to watch the video.

Renting an apartment is a profitable business, but risky, especially for landlords. Many property owners want to protect themselves and their property from dishonest tenants. The deposit acts as such a guarantor. A security deposit when renting an apartment is a kind of compensation for possible damage, an airbag for the landlord in case of damage to property or the formation of debts for utility bills. More details about this will be discussed in the article.

Security deposit when renting an apartment

What is a deposit when renting an apartment and how is it calculated? The amount of the contribution is determined by the parties for various reasons. Sometimes, it can be the average price for one unit of equipment in an apartment, or just some arbitrary amount, but more often the insurance payment is equal to the monthly payment for living.

When the lease comes to an end, the owner must inspect the premises and all things in it. In case of damage to something, the amount necessary for recovery will be withheld from the deposit.

It happens that the size of the deposit is not enough. Then the tenant is obliged to pay the required amount. If, after buying a new thing or carrying out repairs, funds remain, the owner of the premises is obliged to return them. It is possible that the apartment will not suffer damage, and utility bills will be paid in full. Then the deposit is returned in full.

The insurance deposit is a guarantor of compensation for material damage in case of property damage

Legal regulation of the insurance premium

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

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

All this should be spelled out in the lease agreement or in the annex to it. Most often, the contribution is used:

• to pay for the repair of a damaged item;
• to buy a damaged item;
• in case of non-payment of utility bills;
• in case of early termination of the lease agreement unilaterally.

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

The amount of the security deposit is returned to the tenant at the end of the rental period

Property inventory act

Of course, the tenant also wants to protect himself and not pay money in vain. To avoid misunderstandings at the end of the lease term, it will not be superfluous to draw up an act of acceptance and transfer, which will describe in detail the state of the apartment. You need to paint everything, indicating all the features and nuances (scuffs, chips, scratches, and so on):

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

Such an appendix to the contract will help the tenant feel more confident and avoid possible disputes between the parties. Be careful when drawing up this document, do not be lazy to specify everything in as much detail as possible. If something is missed, then in the future it will be difficult to claim damage for a breakdown or, conversely, prove your innocence.

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

How the deposit is returned

So, the lease is over - what will happen to the deposit? The landlord must check the apartment and property to make sure that the tenant returns everything in good condition. If there are no claims, the sum insured is returned to the payer in full. The transaction, as with payment, is accompanied by a receipt. It must be indicated in it that the amount of the security deposit was returned, its size, passport details and signatures of the parties.

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

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

It may also happen that the amount of the insurance payment will not be enough to cover the costs. Then the tenant must pay the landlord the necessary difference. If the situation is reversed, the landlord returns the remaining amount. When assessing damage, one should not forget about the aforementioned article 662 of the Civil Code of the Russian Federation, which refers to depreciation. Items can deteriorate due to normal wear and tear, and the tenant does not have to pay for this.
If the parties cannot come to a common agreement, then their dispute is resolved in court.

The security deposit is drawn up in the lease agreement

Advantages of a security deposit when renting an apartment

Not everyone agrees with the payment of the sum insured when renting a home, but more often both parties agree with its availability. It is the security payment that insures the interests of both the lessor and the lessee. But first of all, it provides security to the owner of the apartment:

1. Reduces the risk of property damage.
2. If damage is identified, you will not have to compensate for it from your own funds.
3. If you have unforeseen (unpaid) bills, you will not need to pay them yourself.
4. At the request of the parties, you can register a lot of additional points where the insurance payment will be applied.

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

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

Renting an apartment without insurance

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

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

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

A security deposit differs from a pledge with a return guarantee

The difference between a deposit and a pledge

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

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

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

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

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

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

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

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

The owner of the apartment hopes that the money paid will force the tenant to handle the apartment with care. And if he wants to get the insurance amount back, he will not make a brawl in the apartment, and spoil the appearance and equipment.

What is the need for a security deposit

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

How to return the insurance amount

For a refund, you must register these conditions in the lease agreement. If the owner gets back what he leased out unchanged, the deposit is returned to the tenant. But this practically does not happen, because after living for several years there is a natural wear and tear of housing.

What is the difference

Some tenants sometimes confuse these concepts, but the legal nature of the collateral and the security deposits are completely different.

The deposit is a certain amount, which is made by the future tenant for the intention to rent an apartment, in another way it can be called a kind of booking. But now, when renting a house, it is not used, but an insurance deposit is used, although the people still call it a pledge.

Usually, the deposit is paid at the time of signing the lease, it has the amount of the cost of living for a month, while the security deposit cannot be paid for the last settlement period of residence.

It is not considered payment, but the insurance amount in case of damage to either the apartment or the owner's property. The insurance deposit does not pay off utility or telephone debt.

Is it possible to save

If you shoot only "walls", without furniture and furnishings, then the owner practically does not risk anything, and the deposit may not be charged in this case. Well, in all other cases, it is unprofitable for the owner to rent out housing without insurance funds.

To prevent the landlord from attributing other people's debts to you and not returning the deposit on this basis, ask him to present a certificate from the management company and the telephone exchange about the absence of debts: this way you will be responsible to the owner only for what you owe to the utilities themselves.

Can take photos, where all damage to furniture and appliances can be viewed from a large angle, so that the owner does not insist on compensation for the damage caused by the scratch.

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

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

As for the landlord, he also has the opportunity to save in case of early termination of the lease, the funds will be able to compensate for the loss of housing payments.

And numerous disputes about taxation of the amount of the security deposit have no legal basis: this amount does not appear as the income of the lessor, but only as a security measure and can be returned if the terms of the contract are met, which means that the lessor also saves on taxes.

What the law says about the insurance deposit

The transfer of the sum insured does not take place just like that, but on the basis of a lease agreement, which means that contractual relations are formalized, which are regulated Chapter 35 of the Civil Code of the Russian Federation, and the tenant makes either a deposit or a deposit for renting a living space.

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

If the tenant did not conclude a lease agreement, then this amount remains with the owner, and if the owner of the home changes his mind about concluding a contractual relationship, then he must return the double amount.

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

The Civil Code of the Russian Federation, which fully regulates the procedure for transferring living space for temporary use, also defines such a concept as an insurance deposit when renting an apartment. It represents a kind of guarantee and protection for the owner of the property against the risk of damage to his property. Also, the deposit will help in the event that the tenant evades paying utilities and other obligations.

Such a concept as a deposit when renting an apartment is not fully reflected in the current Russian legislation. It exists solely in connection with the rules of business transactions in certain areas of activity. That is, at the conclusion of the contract, the owner of the apartment can put forward a demand for the payment of a certain guarantee amount. This is due to the possible damage to the home owner, that is, damage to household appliances, furniture and the premises itself.

Why not bail

Many people confuse a security deposit with a pledge, however, in legal meaning, these two concepts differ significantly from each other. A deposit is a certain agreed amount that the tenant transfers to the owner of the apartment in order to confirm the seriousness of his intentions, which is analogous to booking a property. The deposit is transferred at the time of signing the rental agreement and is equal to the rent for one month of residence, as well as the security deposit.

Security deposit - the amount that will go towards compensation to the owner of the apartment if the tenant causes damage to his property. It is impractical to make such a deposit only if the tenant rents part of the apartment, and the owner will live there. That is, if a room is rented with the owner. In this case, the owner will be able to control the actions of the tenant, the condition of the property and demand timely compensation. Depending on the amount of damage caused, the payment can be split over several months. But whatever agreement the parties eventually come to, all this must be spelled out in the lease.

Dear Readers!

Our articles talk about typical ways of solving legal issues, but each case is unique. If you want to know how to solve your particular problem - contact the online consultant form on the right →

It's fast and free! Or call us on the phones (around the clock):

Transfer by agreement

Registration of a separate document regarding the payment of a security deposit when renting an apartment is not required, since it is not regulated in any way by legislative regulations. All clauses of the agreement regarding its introduction must be spelled out in the text of the lease agreement itself. If a transaction is concluded without drawing up a contract, then neither of the parties will be protected either from fraudulent actions or from the dishonesty of the other party, therefore they will not be able to demand anything from each other.

A transaction with the transfer of an apartment for temporary use at the legislative level requires:

The receipt of the amount of money can be recorded using a receipt or an act of acceptance and receipt of money.

Registration rules

The deposit when concluding a deal with renting an apartment is a guarantee of the honesty of the parties, which is included in the contract. A clear amount of the deposit made is recorded in it digitally and verbally. If the transaction is concluded with the help of a realtor, then he also acts as a guarantor and signs the document. This obliges him to take part in further conflicts between the parties that may arise regarding damage to property, payment or return of the deposit amount. However, this is already included in the cost of the realtor's services.

The transfer of the deposit amount can be carried out by cash or through a bank. The second option is preferable, since the fact of payment will be confirmed by the receipt and the bank. In case of cash payment, the owner of the apartment must personally write a receipt for the receipt of money, or an act of acceptance and transfer of these funds must be drawn up between the parties. It is desirable to record the fact of payment in the contract itself.

Frequent mistakes

Often, the deposit is used as rent for the last month of living in an apartment. This is not scary for the tenant, but the owner of the home threatens that he will receive payment for the last month, and no one will compensate him for the damage caused by his own fault. Some tenants may refer to the Civil Code, which states that the leased property must be returned to the owner in a condition that takes into account normal wear and tear, that is, do not admit their guilt and refuse compensation, explaining all this by natural wear and tear.

The wear of interior items includes:

• Expensive curtains burnt out under the influence of sunlight;
• Unreliable floor covering that has worn out and lost its original qualities;
• Fading on wallpaper, furniture and other items in the apartment

If the owner rents a premise in poor condition without furniture, then a deposit from the tenant is not taken and such a section should not be present in the contract.