What documents are needed to rent an apartment. Rent an apartment officially? Why exactly, what to consider, and how to minimize the risks? The realtor is not an expert in his field

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?

In order to rent out an apartment, a lease agreement is required, a copy of which is provided by the person who rents out the living space to the tax service.

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?

When viewed from legal side, then 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 is 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.

Time is money. This expression becomes especially relevant when you urgently need to rent an apartment. In rather extreme conditions of haste, often the owners of private real estate make many mistakes and mistakes, which in the end are too expensive, and the cost to them is not only money, but also damaged nerves. In addition, an empty living space requires constant payments, and therefore it is necessary to rent it out at least in order to block them.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

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Very often, the owners leave the apartments empty, simply because they do not know how and what to do, how to properly draw up the documentation and, in the end, just not to become a victim of ordinary scammers or unreliable tenants. Let's take a look at how to rent an apartment officially, what it gives and how to arrange everything correctly.

The official rental of private housing is the most optimal and profitable deal from a legal point of view. In addition, this way of renting an apartment is the safest, first of all, for the owners themselves.

Benefits of legally renting an apartment

1. There is no need to be afraid that the tenant will do something unknown to her and will not run away without paying for accommodation and utilities. So in a simple way you can exclude the possibility of a scam with your property.
2. Not the best option and surrender to friends or relatives, having concluded an oral contract “in words”. The only plus is that you will know the people who live in your apartment. But, if renting an apartment for you is, first of all, getting a good passive income, then it is better to find unfamiliar tenants and make a deal at a decent price and in accordance with all the rules.
3. This method helps to anticipate all future expenses for the apartment as much as possible, including even the payment of phone calls to tenants. The formal lease agreement includes all payment items and obligations of both parties.
4. In addition, you can be sure that there will be no problems with the tax, and you will not be held liable for concealing profits.

What documents are needed to draw up a contract?

Drawing up an apartment lease agreement does not require the collection of a large package of documents and various certificates, such as for buying it. The standard set includes the presence of such mandatory documents as:

• Certificate of ownership of housing in the case or an agreement that confirms the right to its property (for example, it can be a contract of sale or a donation agreement);
• List of all registered in the apartment (extract from the personal account in the Housing Office);
• Notarized consent to the lease from all owners of the apartment, if there are several. In addition, in the process of concluding a contract, they must be present. This fact can save you from various future problems that may arise when the co-owners of the apartment intervene if they do not agree with its lease.

The tenant must provide a passport.

Lease agreement: what is it for and what to prescribe in it?

An apartment rental agreement is an official document that confirms the legal lease of real estate and contains all information about the transaction, its conditions and terms, as well as guarantees and obligations of both parties. It is between two parties: the landlord and the tenant. This is an important component of the question of how to properly rent an apartment.

Currently, there are two types of contracts for the delivery of property.

1. Hiring contract. It is concluded in those cases when you rent an apartment to an individual (Chapter 35 of the Civil Code of the Russian Federation). This type of contract is not subject to mandatory registration, regardless of the duration of its term.
2. Lease contract. Necessary for concluding a transaction with legal entities (Chapter 34 of the Civil Code of the Russian Federation). Registration is mandatory if it is concluded for a period of 1 year or more.

The value of a formal rental agreement cannot be overestimated. The obligatory presence of such a document will make your life ten times easier, save a lot of money and nerves in the future. So it is important to pay maximum attention to it when designing.

The absence of a contract is an unjustified risk for the landlord and there are a lot of reasons for this, for example:

1. You will not be able to “sue” debts if suddenly you are “lucky” with unreliable tenants who do not pay rent for accommodation and utility bills.
2. In addition, it will be impossible to compensate for damaged property or theft of personal belongings, which is quite common in practice.
3. Trite, but even in the police, no one will accept your statement about problems with tenants if there is no official lease agreement that confirms the fact of renting out housing.
4. If the new tenants flood the neighbors or cause other damage to them, then you will certainly have to compensate.

What information must be included in the contract?

• the amount of the monthly rent,
• terms of payment, up to the date and time,
• the use of personal property of the owners of the apartment, which and to what extent is allowed,
• payment of all utility bills, size and amount, information about who will pay them - the tenant or the landlord, this will help to avoid many conflict situations in the future,
• obligatory exact time and check procedure rented apartment and property in it by the owners of housing,
• information on the privatization of housing, its owners,
• the number of future residents must be indicated,
• the procedure for the return of funds in case of non-payment, as well as the procedure for compensation for possible material losses to the lessor in cases of unlawful actions of tenants,
• additional agreements that do not contradict the law, but are important for both parties.

As a mandatory annex to the contract, there must be an act of acceptance and transfer of personal property of the owner of the apartment, which indicates the fact of the transfer of the apartment and all property in it. Thanks to the use of such a document, all sorts of risks of damage to both housing and all your belongings during the residence of residents are significantly reduced.

Of course, even in the case of a contract, both parties have certain risks. The tenant has the right to know and must be sure that you have the official right to rent out housing, and that there are no unpleasant problems with the apartment, that all utility bills have been paid and there are no debts for it. All this information is honestly discussed in advance, after which it is mandatory to indicate in the contract at the conclusion. The tenant is obliged to confirm that he is familiar with the information about the housing and has no claims.

as an additional important information, the contract may contain data confirming the solvency of tenants (for example, a certificate from the place of work, which indicates the names and telephone numbers of contact persons who can confirm the information provided by the tenant).

A separate item indicates that this apartment has not been rented to anyone else, that it is “clean”. You should not be limited to certain standard phrases, it is important to indicate in as much detail as possible all the information about the housing and the property in it, as well as all oral agreements with the tenant. In this case, both parties to the transaction will be able to avoid possible unpleasant consequences, or protect their rights in cases of illegal actions of the other party.

Transferring money to pay rent

The final and most important stage of the transaction is the transfer of money. It is important to take it as seriously as possible. To date, there are several ways to carry out this procedure:

1. From hand to hand is the easiest and fastest way. But it may not always be convenient for both parties, since it is necessary to find time to carry out this process. Often, none of the other parties can donate such time, especially if it happens during the day. This is explained simply - often during the day people are at their jobs. If the funds are transferred in cash, be sure to conclude an act of acceptance and transfer of money or write a receipt with the specified amount, date, payment period and signature.
2. Use of various non-cash accounts for which tenants pay rent for housing within a certain period of time. In this case, it is important for the tenant to keep all receipts.

Absolutely all manipulations with payment are carried out on the basis of a concluded agreement and cannot be changed unilaterally. Both parties must follow the pre-agreed terms of the deal. If this is a transfer of money from hand to hand or to authorized persons, then it is imperative to provide documents that confirm the existence of a power of attorney. The transfer of funds through banking institutions by crediting to the account simplifies the whole process several times. Moreover, the fact of transferring money, if all receipts are saved, is almost impossible to dispute or deny.

There are no trifles in such an important matter. Any little thing can play a cruel joke on you and cost you a lot. This means that personal reinsurance is always much better and more expedient than a credit of trust to unfamiliar people.

How to pay state taxes for renting real estate?

If you are interested in how to rent an apartment officially, then you should also know about paying taxes. In practice, different methods of renting apartments are used in Russia, and they are not always supported by law. Renting out property without paying taxes is a reality, not a fantasy. According to statistics, about 60% of owners who independently rent their housing do not pay taxes to the state. As a rule, this option is fraught with unpleasant consequences and problems with the relevant government agencies.

Most often, a banal situation occurs - it is the neighbors of such tenants who give out dishonest "dealers", this usually happens when housing is rented by someone who is not clear and in case of hooligan behavior at night. Naturally, the neighbors begin to complain and unofficial rent with non-payment of taxes comes out.

There is a way to rent an apartment officially and not pay taxes by contacting intermediaries represented by real estate agencies. But in this case, the lion's share of the profit goes to them. It is more profitable to do everything yourself and according to the law. But how?

According to the law, real estate can be leased by persons who are engaged in private entrepreneurial activity, and persons without registration as an entrepreneur (according to the norms of the Tax Code).

In this case, the object of taxation is determined by the calculation of the rent, which is specified in advance in the official agreement between the landlord and the tenant of the housing. Real estate rental tax is provided in the mandatory rate 13% of the income received from the rental of property. This income, as a rule, is the amount specified in advance in the official contract and paid to the owner.

In some cases, the interest rate is 17% of the excess amount, taking into account all previously provided taxes: if the total amount of income received by the taxpayer for the last reporting month exceeds the minimum wage by ten times.

How does this process work in practice?

The owner of the apartment, who is also the landlord, at the end of the year independently submits a tax declaration of an individual (form 3-NDFL). This declaration is submitted to the tax authorities at the place of direct business activity. In another case, the completed declaration is submitted at the location of the property.

After some time, a receipt arrives in the mailbox, which must be paid. The deadline for filing a declaration and paying tax for the past year is until April 30 of the new year.

It is possible to register a private enterprise for activities related to the rental of real estate. This will greatly simplify the entire scheme for paying taxes on income. To do this, it is necessary to register a business entity - an individual or individual entrepreneur. The easiest way is to issue an IP and pay 6% of the profit under the simplified taxation system.

Possible difficulties in the execution of the transaction

Real estate lease transactions do not always go smoothly and quickly. In order not to learn from your bitter experience, you can simply take note of the typical mistakes that are very often made during registration:

1. At the conclusion of the contract, it is better to prescribe the lease term immediately. And if it exceeds 12 months, then it must be registered with the Federal Registration Service without fail. In this case, the amount of the state duty is paid by the tenant, and the lease agreement is registered in the name of its owner. Such an agreement acquires full legal force and can act as an official document in cases of resolving various disputes and conflict situations.
2. To avoid various unpleasant situations in the process of renting housing, it is important to independently control the entire process. In addition, do not be lazy and ask future tenants as much information as possible. It is also advisable to check it for reliability, for example, call a job and make sure that such a person really works there.
3. A serious attitude to any trifles in this serious matter is a guarantee of avoiding possible problems. Therefore, a favorable outcome of the transaction and the receipt of future profits in full without unnecessary losses depend on your responsibility and awareness.

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

Consider the benefits of legal renting an apartment

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

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

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

4. You are clean before the law. What could be better? Russian law states that if you want to rent out an apartment, you must pay tax on income from renting an apartment. If you want to avoid paying, then you face a fine, and in some cases even criminal liability! Don't bring it up. Rent an apartment legally!

Understood the benefits. It's time to move on to the step-by-step instructions.

Step 1: Preparing the Room

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

• Check all the equipment that is available. Perhaps something is not working and needs to be replaced. So that later there were no showdowns with employers.
• It is also worth assessing whether there is enough furniture in the house, and in what condition it is. You may need to buy something. Since the more the apartment is equipped, the more expensive it can be rented out, which means that the income from renting out the apartment will be higher.
• If the apartment has not been renovated for a long time - do it. It is not necessary to buy expensive materials. The main thing is that they are reliable. Pay attention to wiring and plumbing! Protect yourself and future residents. Situations are different, no one is immune from wiring short circuit and pipe break. But you can make a little effort and minimize the risks. Think about the consequences. It is unlikely that anyone will want to rent an apartment in which there was a fire or a flood. So, you will lose income from renting an apartment. As well as the money that you invest in repairs. Because it is not a fact that the employer will want to compensate you for the damage. Be sure to include in the apartment rental agreement between individuals a clause dedicated to such circumstances, and write down the responsible persons!
• Take all your valuables. Tidy up your apartment to make it look clean and comfortable. Now there is a great demand for cozy apartments.
• Prepare everything Required documents and eliminate debts public services if you have them.

Step 2: study the real estate market

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

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

Step 3: find an employer

There are two options:

• You can rent an apartment without intermediaries. In this case, you will have to search for a tenant on your own, answer all calls about the arena of the apartment, and there are usually a lot of them.
• The second option is to rent an apartment through a real estate agency. In most cases, agents will not charge you for this service. Nowadays, the commission to intermediaries for finding housing is usually paid by the employer. What is good about renting apartments through intermediaries? The advantages of this method are that you save your time on finding customers and talking to them. Minus one, but significant. It will take a long time to wait, because not all potential tenants are willing to pay a considerable commission, as a rule, to realtors. If you still decide to rent an apartment without intermediaries, then place an ad in the newspaper about renting an apartment, on your page in social network, on popular Internet sites. Be sure to include high-quality photographs of the premises. In the ad, indicate that you want to rent an apartment for a long time. And wait for calls.

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

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

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

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

Step 5: conclusion of the contract

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

What points are important to write in the contract?

1. Surname, name and patronymic of the employer.

2. Address of his registration and all passport details.

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

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

5. Who is responsible for damage to property.

6. In which court to resolve disputes.

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

8. Your passport data, registration address.

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

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

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

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

13. It is important to foresee on what grounds a contract can be terminated or extended.

Attention! Before filling out, carefully study the tenant's passport. What you should pay attention to?

Validity. You can enter into an agreement with a person whose passport is invalid, and then it will be difficult to prove anything.

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

You can also check the tenant on the website of the bailiffs for debts. It's completely legal and free.

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

If you still have doubts, you can ask the future tenant for a copy of the proof of income to make sure that he is able to bear the cost of paying for the apartment.

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

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

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

First, get the consent of all owners to rent. Then there are two scenarios for the development of events.

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

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

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

Please note that such a power of attorney is not done for free! You will have to pay. And usually a significant amount.

Is it possible to rent out an apartment with a mortgage?

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

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

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

Taxes paid by the owner of a rented apartment

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

What if you own several apartments for rent?

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

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

What documents are needed to rent an apartment?

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

2. Certificate of state registration of rights.

3. Two printed contracts.

4. If your choice is to rent an apartment through an intermediary, then you need a contract if you signed it with him.

How do I collect money from tenants?

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

Helpful Hints:

• Insure the apartment and property in it before delivery! This does not require large investments, but it can save you a lot of trouble and additional costs in the future. Currently, there are many companies on the market that are engaged in this type of activity. If you wish, you can even insure civil liability.
• Pay close attention to the tax due date. You must do so by April 1st of the next calendar year. Otherwise, you will get in trouble with tax office, fines and penalties. This means you will incur additional costs. You need it?
• Be sure to send a copy of the agreement to the tax authority immediately after signing the document!
• And most importantly - do not violate the laws of our country!

It happens that you urgently need to move out of your apartment to a rented living space. Or you do not yet have your own property and therefore you are forced to rent a property for a comfortable stay. You need to know a lot of subtleties in order to live in peace and not worry that at any moment you can be thrown out of the door with things or furniture.

The consent of the spouse to rent an apartment can be issued in a simple written form or an agreement inscription can be entered into the contract, it is important to obtain the formal approval of the second spouse.

What documents are needed when renting an apartment from the owner? When a suitable housing option is found, it remains to make sure that all papers are available. By the landlord definitely worth checking out:

The last of these papers, you need to study especially carefully.

If, for example, the property has been transferred by inheritance landlord recently, that is, there is a danger that heirs will appear who are ready to challenge it.

Controversial housing is a big problem for the employer.

From the employer

What documents do you need to check when renting an apartment at the tenant? The owner of the leased housing has the right to demand some documents from the applicant for the use of it.

In general, a passport is sufficient. It is used in most cases for identification purposes.

Other paperwork is likely not required.

What to check?

What additional checks should be made when renting an apartment? Both when studying the housing itself and when checking documents, you should pay attention to some points:

In addition, it is necessary to check the distance of housing from a bus stop, metro, shops, etc.

Paperwork

What documents need to be issued when renting a dwelling? The fact of renting an apartment is definitely worth it fix in writing. For this they are:

• . The main document that fixes all the fundamental provisions that are important for the parties. It is he who is the main one for concluding a housing deal;
• . It is necessary for a written reflection of the fact of transfer of funds to the landlord. If payment is made by bank transfer, then a receipt is not required;
• premises. It is compiled as confirmation of the fact of transfer of the apartment for use to the tenant;
• an inventory of the property in the apartment.

  It is drawn up in order to avoid disputes when returning the apartment to the landlord regarding the condition and availability of property in it.

  All pieces of furniture and other things located in the room are entered into it, the inventory is signed by the parties to the transaction.

Despite the apparent complexity, these papers are compiled quite quickly and secure from fraud on both sides of the transaction.

In the future, you may need a conclusion in which, for example, conditions or contracts are prescribed.

Are copies needed?

Copies of papers that were drawn up when renting an apartment are not needed.

Initially, it is worth compiling all the papers in duplicate, one for the tenant, the second - for the landlord.

This will protect the parties and in case of loss, loss of one contract, it will help to save the second copy.

Thus, in order to conclude an employment agreement, it is necessary check documents both on the one hand and on the other.

A deal when renting an apartment is necessary draw up in writing in the form of an agreement and other relevant additions. Their exceptionally correct compilation can protect against fraudsters and secure the rights and obligations of the parties.