What documents are needed to rent a room. Instructions: how to rent an apartment correctly, a sample rental agreement, termination, tax
In a difficult economic situation, a fairly common practice among citizens who, for whatever reason, are unable to purchase their own apartment.
The demand for rented apartments is increasing every year, which creates favorable conditions for scammers. That is why the search for a free apartment should be done through a reputable advertiser who has been on the market for many years.
It is equally important to check the relevant documents with a potential landlord in order to be sure to avoid meeting with scammers. Renters also worry about who rents their space. Faced with a malicious defaulter is also a fairly real prospect, from which property owners want to insure.
Checking the honesty of the landlord is one of the most important conditions for obtaining housing.
The tenant must pay close attention to the following documents:
- At the first meeting, it is advisable to look at the passport - this is the main document for every citizen of the Russian Federation.
- It is necessary to open the document on the registration page and check the data entered there.
- Usually the owners have a residence permit at the same address where the housing is located.
- The absence of a residence permit is quite rare, but sometimes it happens that the owner is absolutely honest with the employer.
- He just didn't get to sign up. In this case, you can ask the neighbors about the identity of the owner.
- This is not a very effective check, however, it is better than not having any control over the situation.
This information is much more important than passport registration..
If a copy is presented, this is a reason to be wary. Passport details are verified in the state registration document. They must match the data reflected in the person's passport. In very rare cases, a court decision or a document issued to the heir of the deceased may be presented instead of a certificate.
At the next stage, you need to contact the local branch of Rosestra and request a certificate there confirming the owner's rights to this apartment or other housing.
An extract costs about 200 rubles. It is issued within five days to any citizen who has submitted an appropriate written request. The certificate verifies the name of the owner.
It also turns out from the document whether there are other owners, whether the property is under bail, whether there are any injunctions on its rent. If there are several owners, you will have to enlist the support of each of them - and this is additional time and a high probability of getting a refusal.
Business is not always run by the owner himself.
Often it is replaced by a trusted person who has a notarized document. Such a power of attorney should be checked with particular care. It is necessary to clarify the validity of the document, check the presence of a notary's signature. You can even call the notary's office and clarify whether this citizen received a power of attorney.
Proper execution of a power of attorney for the sale of an apartment will play a significant role in the success of the transaction. For all information.
Tenant's documents
If housing is rented by an individual, his passport (its presence) is mainly checked.
But legal entities (organizations, LLC, OJSC) can also deal with lease issues. They check the following documents:
- Power of attorney duly certified by a notary. It is important to find out who exactly this representative represents, and whether his power of attorney has expired.
- Documents confirming the legal capacity of the legal entity specified in the power of attorney. This may be the charter of a given organization or society, a certificate of state registration, tax documents confirming official status. It is important that the originals are provided!
- Details of this legal entity (address, phone numbers, bank account).
It is important that all the listed documents contain the signature of the head and the wet seal of the organization.
Also, a tenant can be a person engaged in entrepreneurial activities.
In addition to his passport, they check: 
- Documents confirming legal capacity - a certificate of state registration, and a certificate of tax registration.
- Extract from the Unified Information and Settlement Center.
- Details (bank account, registration number, stamp and signature).
As a rule, if a person has once dealt with rental issues, he will be able to handle the verification of documents on his own. Beginners in this business are better off using the services of a real estate specialist. Although the services of an intermediary will have to be paid additionally, this will help to avoid fatal mistakes and problems.
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Are you planning to rent your first apartment? Congratulations on your first step towards independent living! Renting an apartment is not as easy as it may seem. When concluding a contract with your landlord, there are many important details to consider so that you can calmly and without unnecessary trouble and financial loss enjoy life in your new home.
Our advice will also be useful to those who have already got into trouble when renting an apartment and would like to avoid trouble in the future.
Features of the lease agreement
Tenants should especially note the following points in the contract:
term of the contract;
methods, amount and terms of payment;
conditions for payment of utility bills, electricity and telephone conversations;
an inventory of the property located in the apartment and its condition;
natural wear and tear of the interior and items in the apartment.
When the owner is alone at the premises, this is quite convenient, it is he who will sign the lease agreement, and this procedure can be performed by his authorized representative (in this case, his authority is notarized). The situation becomes more complicated if there are several owners - it is possible to rent out such an apartment only when everyone who has the right to share the property agrees to it, therefore it is simply impossible to rent out a dwelling without the consent of other owners. Ideally, the contract should be certified by the signature of each owner or his official representative (let's say that one of the owners is a minor child, in which case the parent will act on his behalf). But if one of them cannot be personally present at the signing of the contract, the one who rents out the apartment can take a notarized power of attorney in his name from him. He can also present the consent of all other owners, which must also be notarized.
What to do if the landlord cannot present all necessary documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with the law may be invalidated, and problems will arise for the tenant.
And one more thing that we often forget about: do not forget to think over your actions in advance, immediately decide what will be indicated in the contract, and before putting your signature, be sure to read what you are signing.
Check the owner and documents for the apartment
The most important thing that inexperienced tenants often forget about is checking the landlord. Ask the owner to show you your passport, it is better if it is an original, not a photocopy. Check every page, any mark not required by law will invalidate the passport.
Check the certificate of ownership. This is the main document that confirms the ownership of real estate. Until 2000, a certificate of ownership of a dwelling was issued, and from October 1, 2013, instead of a certificate of state registration of rights, an extract from the Unified State Register of Rights (EGRP) can be issued.
Do not forget about title documents and other little things
Together with a certificate of registration of ownership and an extract from the USRR, ask the seller to show the title documents for the apartment, that is, the documents by which the seller acquired the ownership of the apartment.
There are several types of such documents: a certificate of ownership, a donation agreement, a sale and purchase agreement, a certificate of inheritance, a certificate of privatization. If the apartment belongs to a housing construction cooperative (HBC), ask the seller for a certificate of the paid share.
Do not confuse these documents with various certificates of legal registration, entry into the register of owners issued by the BTI, local committees for property management and property funds, and other local governments. They cannot replace a certificate of ownership and an extract from the USRR.
Be sure to check all documents provided to you for corrections, including the date and registration number. Stamps and signatures must be legible.
In addition to obvious things (the duration of the contract, the amount of rent, etc.), it makes sense to indicate, for example, the time at which the landlord can visit the apartment, and also during what period he must warn the tenant about this. In addition, it is always useful, along with the contract, to draw up an act of acceptance and transfer of property indicating defects, so that the landlord does not make you responsible for a broken TV, doors that have fallen off on an old wall or squashed, damaged long before you appear in this apartment.
Utilities and pets
If, according to the contract, you pay for utilities, be sure to get yourself a separate folder for all checks and receipts - it can come in handy in case of a conflict. It is highly not recommended to start a pet without the consent of the landlord, some landlords are very negative about cats and, even more so, dogs in their living space. In some cases, this may even be a separate clause of the agreement, but, in principle, it is possible to agree quite normally in words, if you approach the issue correctly.
Receipt for payment
In addition, experts recommend that when paying rent, take a receipt from the owner of the apartment for receiving money, so that in the event of a conflict, you can provide evidence that there were no violations on your part and you were not left in debt. The receipt must indicate the period for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed not only by you, but also by the owner of the rented apartment.
Repair and damage to property
There is such a thing - the natural wear and tear of the apartment. You are not amorphous creatures moving through the air. If someone lives in an apartment, inevitable processes of obsolescence, wear, erasure, etc. take place. However, rent is income with risks and costs embedded in it. Therefore, you have to pay for damaged property, but not for natural wear and tear, unless it is specifically stipulated in the contract.
Do not be embarrassed and discuss such points separately. In most cases, you can not prescribe them in the contract. At least do this so that you don't have to do major repairs later or reimburse the cost of those things that were broken or broken before moving in. As we have already mentioned, it is best to draw up an act of acceptance and transfer, which describes the apartment and its condition, and indicate valuable items and equipment specifically in order to avoid any possible misunderstandings about this.
Accommodation of third parties
Sometimes it happens that the landlord is extremely negative about the fact that other people suddenly appear on the rented living space, even if it is a friend who suddenly arrived on a business trip or a girl / guy who really liked. On the other hand, it also happens that the owner of the apartment himself suddenly, in an ultimatum form, may demand that the tenant agree to tolerate some relative or friend of the owner of the apartment for a night or two. It is clear that not everyone will like such attacks, so just in case, this can also be written in advance in the contract.
Landlord visits
It is necessary to discuss the issue of possible visits in the contract. This will help resolve issues with verification. The usual practice is as follows: the landlord visits the apartment once a month, coming for rent, having warned the tenant in advance by phone about his visit.
Someone treats the rented apartment as a means of earning money, and someone is too reverent and fearful and therefore decides that they have the right to visit it at any time and control the life of the tenant. By law, the hirer has every right to demand that the landlord not come without warning, and even more so when there is no one in the apartment.
Suppose you would like the landlord to visit the apartment no more than once a month, and he must notify about this by phone and no later than three days before the date of the visit. Indicate this in the contract, and if the landlord unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract and that he is obliged to comply with it.
How to terminate the contract
Sooner or later, you will have to move out of the rented apartment. How to terminate the contract? The easiest option is to leave the housing after its expiration date, when the tenant is obliged to vacate the living space he occupies by the time specified in the document.
If we are talking about early termination, then options are possible here. For example, if the landlord is the initiator of the early termination, then the contract can specify that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing.
If the money was paid up front, the landlord will have to return it to the tenant. If the tenant himself wishes to terminate the contract ahead of schedule, then the deposit, of course, will remain with the owner of the premises.
What else needs to be checked?
Be sure to check the serviceability of all equipment together with the landlord, if it is available in the apartment. You also need to clarify whether the last bills on receipts have been paid or not. Because utilities not paid on time will provoke the formation of debt.
If there is one, then you need to agree in advance (before signing the lease) on who will pay the resulting debt. It happens that the tenant convinces the owner that he will pay off the debt himself, without paying anything for the rent.
Learn the fact that if the apartment you are going to rent has several owners, whether it be a spouse or other relatives, it is important to find out if all the owners agree to renting the apartment. Otherwise, the contract may be declared invalid.
It will be correct not only to receive, but also to achieve their personal presence at the signing of the lease agreement in order to avoid disagreements later.
What needs to be done when renting a residential area?
The signing of the apartment lease agreement by the parties is the final stage. This is a guarantee of good faith and decency, both on the part of the tenant and the landlord. Since fraud with rented apartments always takes place. This is what happens to unreasonable landlords who may ask for money up front and then run away with the money and the living space.
Is it necessary to make copies?
From a legal point of view, there are few copies of documents when proving fraud: what can be proved if there are no originals? The tenant simply does not need to have copies of the documents for the apartment. But the lease agreement must be provided and signed by the landlord and the tenant in two copies. If there is more than one owner of the apartment, then for each owner - a copy of the lease agreement.
Conclusion
Of course, living in an apartment that you own is much better.. But if the acquisition has not yet been planned or you simply do not have the opportunity to given time, then a rented apartment - the best option. If you draw up a lease agreement correctly and provide for all the nuances that may arise for both the tenant and the landlord, then cooperation will please both.
Some citizens own several vacant or temporarily vacant apartments. Wanting to compensate for their utility costs, as well as trying to get an additional source of income, they rent them out. This is especially often observed in major cities Russia and, of course, in the capital. Unfortunately, many owners do not know how to properly rent out an apartment, avoid unpleasant sanctions in the form of fines, and at the same time save on tax payments. In this article, we will talk about just that. We will also consider what documents for renting an apartment must be drawn up in order to protect yourself and your property from dishonest tenants.
Step one: preparing the living space
Before renting an apartment, you must first prepare it for the new tenants. If it has not been renovated for a long time, update the wallpaper, ceiling and floor coverings. Thanks to even inexpensive cosmetic repairs, your apartment will look more presentable. This means that you will be able to rent it on more favorable terms. It is also necessary to pay attention to the repair of plumbing equipment and electricians. Protect yourself and your future tenant from possible troubles, for example, electrical wiring or flooding of neighbors from below.
If you want to profitably rent an apartment, make it cozy and comfortable for living. Furnish it and equip it with the necessary household appliances such as a TV, washing machine and refrigerator. You must take your personal, memorable or valuable things, as well as documents from the apartment. After the preparatory work, repair and arrangement, put the documents for the apartment in order. Turn off everything If necessary, turn off the landline telephone or long distance communication.
Step two: find a landlord
After preparing your property for rent, you can start looking for a tenant. You can do it yourself or ask the city real estate agencies for help (for a fee or even free of charge, they can take over the obligation to find clients). Advertise on specialized sites on the Internet, as well as place it in newspapers. As soon as you find a potential tenant, discuss all the nuances with him and come to a consensus, you can proceed with registration required documents. Important: only the owner can sign the documents - the one who owns the housing on the right of ownership, or the one who has a power of attorney to rent out the apartment.
Step three: drafting a contract of employment
How to rent out an apartment? It is necessary to conclude with an individual, a future tenant, a contract for renting a dwelling. In the event that your tenant is a legal entity, you will have to conclude a lease agreement. At the same time, it does not matter for how long you plan to rent out housing: for a year or for one day - in any case, you must draw up a document. It will not be difficult to find samples of standard contracts that spell out the obligations of the parties: both the landlord and the tenant. You can use a similar ready-made sample and supplement with those items that you deem necessary. In addition to the designation of the subject of the contract (provision for possession and use of free residential premises suitable for living for a fee), the deadlines for delivery, the amount of payment for rent and other important general provisions, you can write down the obligations of the tenant in the document, for example:
- ensuring the safety of the premises;
- maintaining the apartment in good condition;
- carrying out current repairs of all breakdowns and malfunctions that occurred during the period of use of the premises at their own expense;
- self-payment of utility bills, etc.
Also, the contract must be indicated and affixed personal signatures of the parties. Important: a lease agreement for a period of less than a year is not subject to state registration. We advise you to notarize the contract.
Step Four: Create a Property Inventory
An inventory of the property located in the apartment is integral. This document will ensure the safety and integrity of things transferred to the use of the tenant, and protect against theft. The description is drawn up in a simple written form. At the same time, it describes all the property (and its condition) that is located in the apartment, as well as passport data and signatures of the parties. The inventory is created in duplicate, as is the contract of employment. Be careful: in the process of signing all documents, you should check the correctness of the tenant's passport data and ask him for a copy of the passport. Now you know how to independently draw up an inventory of property and an apartment lease agreement with the tenant.
Taxes paid by the landlord when renting a property
Knowing how to properly rent an apartment, you will protect yourself from serious trouble with the law. Article 23 of the Tax Code of the Russian Federation states that any individual receiving income must pay tax. The systematic rental of an apartment with regular receipt of rent is equated to individual entrepreneurship. And in this case, the landlord will be required to pay tax. Its rate varies from 13% to 30% for taxpayers with different statuses. Those who permanently reside in the territory of the Russian Federation, that is, residents, will need to pay a tax of 13%. For individuals residing in the territory of the Russian Federation for less than 183 days a year, the rate will reach 30%. The apartment rental tax must be paid once a year. At the same time, in order to calculate the amount of the tax base for the previous year, it is necessary to submit a declaration (3-NDFL) before April 30. There is an opportunity to slightly reduce the amount of payments by registering an IP. In this case tax deduction will be 6% of the income received. Choose the most suitable taxation method for you and submit your declaration on time.
Illegal rental of an apartment. Taxes and non-payment
All landlords should be aware of the following. If an apartment is rented unofficially, the law provides for various penalties. carries a severe fine. It can be 20% -40% of the outstanding amount. Violation of the law may lead to criminal liability. For non-payment to the tax authorities of the amount of 600 thousand rubles. and more, the court can impose not only a large fine of 300 thousand rubles, but also imprisonment for up to one year. Do not think that he will not know about your illegal business activities. There is always a possibility that your neighbors, for example, dissatisfied with your noisy tenants, will complain to the district police officer or directly to the Federal Tax Service. Therefore, we recommend that you fulfill your tax obligations on time. Thus, you will protect yourself from possible troubles with the law.
Registration at the place of residence
According to the law, if a tenant rents your residential premises for a period of more than 90 days, he must be issued (otherwise - a temporary residence permit). To do this, he must submit to the local branch of the FMS an identity document, an application in the prescribed form, as well as a tenancy agreement. If temporary registration is not made on time, not only the tenant, but also the owner of the housing faces a fine of 2.5 thousand rubles.
Termination of a tenancy agreement. Can this be done ahead of time?
If necessary, the contract of employment can be terminated in advance. It is desirable that the conditions for its termination be written in advance in the text of the document. If such a clause is not provided for in the contract, then it can be terminated on the grounds that are provided for by law. If the tenant is an individual, he may, without giving reasons, cancel the contract and vacate the premises by notifying the landlord in advance, three months in advance. The owner of the property may unilaterally terminate the contract, which has a term, only in case of non-payment of rent or improper use of the residential premises, including deterioration of its condition. If the tenant is a legal entity, contractual relationship may be terminated early if one of the parties violates their terms. A tenancy agreement that does not have a term can be terminated by notifying the tenant three months prior to the actual eviction.
Finally
So, there are a lot of things to consider when renting out a home. How to rent out an apartment? First you need to correctly draw up a contract, prescribing in it all the obligations of the parties, the term of employment, the amount of rent and other important points. This document, certified by a notary, will protect the owner of the dwelling. In addition to the contract, an inventory of the property should also be drawn up, it will help to keep the landlord's things in good condition. It is important to remember that the legal rental of an apartment involves the mandatory payment of tax. Its amount is calculated according to the annually submitted declaration 3-NDFL. Failure to pay taxes can lead to serious problems.