What documents do you need to rent an apartment. The procedure for official registration of renting an apartment - taxation, contract and important points. Self-employment and renting an apartment

Last update: 09.05.2019

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

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

Who can take

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

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

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

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

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

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

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

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

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

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

To whom to rent an apartment

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

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

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

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

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

How to transfer an apartment

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

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

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

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

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

How to register a lease legally

Even if you decide to rent an apartment to your best friends or distant relatives, it is better to document this transaction. In this case a rental contract is drawn up(it must be distinguished from a lease agreement, which is mainly concluded between legal entities). It is not difficult to arrange it. There are a lot of samples and options on the Internet for different occasions. You can draw up it yourself, ask for help from a lawyer or from us.

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

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

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

How to draw up an employment contract correctly

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

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

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

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

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

For how long to conclude an agreement

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

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

Do I need to register an employment contract

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

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

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

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

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

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

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

You can apply for registration of the contract within 1 month from the date of its conclusion (Article 51 of the Federal Law "On State Registration of Real Estate"). Otherwise, a fine of 5,000 rubles awaits.
Applicants must be two parties to the contract (both the landlord and the tenant or their representatives under a notarized power of attorney).
The package of documents is:
- lease agreement with acts of transfer of the apartment from the owner to the tenant in triplicate;
- applicants' passports (for identification purposes);
- a receipt for payment of the state duty (amount of 2,000 rubles, 1,000 rubles on each side);
- copies of documents on ownership of the apartment (base agreement, certificate of ownership, cadastral passport). Although these documents are not mandatory for delivery, their provision speeds up the process of accepting applications and registering an agreement;
- consent of interested parties (other equity holders, mortgagee, etc.).
Registration is carried out within 5 working days
Documents are handed over to the MFC department.

The registration can be rendered for the following reasons

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

Rental fees

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

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

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

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

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

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

About receipts

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

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

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

Termination of an agreement

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

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

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

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

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

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

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

Whether to pay tax on income from renting an apartment

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

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

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

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

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

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

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

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

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

Self-employment and renting an apartment

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

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

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

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

Other types of liability

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

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

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

104 comments

Additional property in the property always means the possibility of additional income. One of the best options is to have a vacant residential apartment. In order to avoid any risks as much as possible, it is important to know how to rent out an apartment or rent it correctly: what you should pay attention to when choosing tenants, what restrictions may be, how with legal point view it is safer to fix the agreement.

Who has the right to rent an apartment

The right to dispose of real estate at its own discretion, including lending it to third parties, can only be the owner of this real estate. This fact must be confirmed by an appropriate document: a sales contract, a registration certificate, a cadastral passport.

It also matters who is registered in the apartment that is supposed to be rented out, and whether there are other owners. If several people have ownership, then either all owners must participate in the contract, or it is necessary to issue and notarize a power of attorney to conclude transactions for one person.

If there are registered tenants in the apartment, the written consent of each will be required. And if there are minor children among those registered, the guardianship authorities must give consent. You cannot do without the consent of the rest of the residents communal apartment, where one or more rooms are owned, since there are common areas: bathroom, kitchen and toilet. It is imperative that the documents be certified by a notary, otherwise the application for registering the lease will be rejected.

The provision of housing at the place of work does not give ownership. These apartments are owned by the municipality, so it is illegal to rent them out. The presence of family ties with the owner of the apartment also does not give grounds for disposing of his property, if there is no properly executed power of attorney.

Where and how to look for tenants

Having made the decision to rent out the living space, it is worth deciding how long the tenants are supposed to live for, how much time it is planned to spend on finding tenants and how to ensure control over the use of the property. Possible options: for a long time as a permanent place of residence, for days or weeks for business travelers and tourists, for hours and days. The last 2 options can be a full-fledged business that requires a lot of investment of time and effort, but can bring a solid income.

To search for long-term clients, it makes sense to turn to relatives and friends, this can have a positive effect on the reliability of applicants. Another relatively safe way- resort to the help of trusted real estate agencies that are interested in regular cooperation, so they try to offer the most problem-free candidates. In addition, the realtor takes care of the paperwork, but charges a fee for his services.

You can independently search for tenants through sites with advertisements, print publications, creeping lines on TV channels and posting leaflets. If in plans daily rent, it is advisable to organize a separate page or group in social networks. Renting out an apartment without intermediaries is more profitable, but more troublesome.

It is important not only to find an audience that may be interested in the offer, but also to assess how trustworthy the potential tenant is. To do this, do not hesitate to ask questions about marital status, the fact of employment, the presence of bad habits and the presence of pets. It is also effective to use public information sites, such as the Federal Migration Service or the official site of federal bailiffs. Here you can find out if your passport is valid, if there are arrests and debt collection, etc.

As a rule, the greatest preference is given to married couples, due to the assumed stability, minimal risks of problems with neighbors and relative peace of mind for the safety of property.

In any case, it is prudent to pre-insure the property intended for rental, and to support the agreement with the tenants with an officially registered contract.

What they look for when choosing a rented apartment

Rented apartments are unlikely to cease to be in demand, and yet not all of them can be easily and quickly rented out. So one-room and two-room apartments are more popular among tenants.

Other important parameters of housing are:

Location. If the apartment is originally purchased with the aim of earning rental income, it is necessary to take into account the proximity to stops, metro, shops, kindergartens. Depending on which contingent is preferable, you can focus on the location near universities, business centers, or, on the contrary, in residential areas.
Technical condition. An apartment with a fresh, albeit not expensive, renovation is more attractive. Proper work of plumbing, water supply and electricians is mandatory. New windows and doors also contribute to faster searches and allow you to keep your rent at a premium.
Comfort. It is advisable, together with the living space, to provide the necessary minimum of furniture and household appliances in working order and in an acceptable appearance.
Additional advantages are ample parking, playground, convenient entrance and lift.

Owner's risks in the absence of a valid contract

Most residential property owners do not seek to officially rent their apartments, explaining this by their unwillingness to pay taxes on their profits. But, having no legal confirmation of the transaction, the owner is absolutely not protected from illegal actions of tenants, their irresponsibility and negligence.

The absence of a contract creates risks:

Not getting paid for accommodation on time.
To suffer material damage as a result of damage or theft of property (decoration, pieces of furniture, equipment) and not be able to recover compensation.
Face scammers who re-lease an apartment to third parties in order to obtain personal gain through deception.
Under the guise of one tenant, get a brigade of residents of the near abroad.
To become a victim of illegal use of rented housing to organize a place for the provision of intimate and other services, as a result, to be an unwitting participant in proceedings with law enforcement agencies.
Problems with neighbors due to the disrespectful attitude of tenants who neglect the rights of other residents of the house.
Fines and other penalties provided for by Russian law for tax evasion.

Rent and hire by law

The issues of temporary provision of real estate for the use of third parties in our country are regulated by the Civil Code. Legislatively distinguishes two concepts: rent and lease. A significant difference is who claims to use the premises.

When it comes to natural person, this service option is called “hiring”. How to properly draw up a lease agreement, what are the requirements for the registration period, what rights and obligations both parties to the contract receive, and what is included in the property of temporary tenants, it is said in Ch. 35 GK. But in everyday life, to avoid confusion, any transfer of living space for temporary use is called a lease.

The lease agreement is drawn up directly if the lessee is a legal entity. In this case, the registration of the contract is required, often the lease documents are needed by companies to confirm the address of the organization.

For a document to be considered valid and legally binding, it must be correctly drawn up and registered with Rosreestr. An agreement that is simply certified by a Notary does not differ from an oral agreement, and if disputes arise in court, it will not be reliable evidence.

Rules for drawing up a contract

The procedure for transferring an apartment for temporary use

In addition to the contract itself, in accordance with the recommendations on how to properly rent an apartment to tenants, it is necessary to draw up an act of transfer. This appendix to the contract indicates all property and its condition (serviceability, appearance, market value, including depreciation) belonging to the owner of the property. The receiving party verifies the list and confirms its truth with their signature.

From this moment, the owner of the apartment has the right, in the event of damage to the property, or its loss, to go to court and recover the amount in the amount of material damage caused. It doesn't matter what reason it happened: negligence, negligence, theft. The transfer deed gives both the rights to use the property and the responsibility for its storage.

Only after establishing all agreements and signing the documents, you can transfer the keys to the new tenants of the apartment.

Registration of the contract in the register

But neither the act nor the contract itself has legal force if there is no registration of the document in Rosreestr. To rent an apartment legally, you need to register the transaction with the above authority. If the term of the contract is less than one year, registration is advisory in nature, and is used solely in order to protect oneself from unnecessary financial losses that may result from non-fulfillment of the terms of agreements on the provision of housing for rent.

If the term of the contract is from a year or more, contacting Rosreestr is mandatory, otherwise it will be considered tax evasion on the profits received.

For official registration apartment you need to prepare a package of documents:

Apartment owner's passport
Notary-certified consent for the provision of housing for rent by other owners of the property, as well as all persons registered in this apartment.
Certificate of registration of ownership.
Help from the ZhEK about the number of registered residents.

The registration procedure itself is simple and short, carried out in one window. You can contact both Rosreestr directly and the nearest MFC.

Tax obligations and liability

The formalization of an oral agreement is not the only purpose of legal registration of the relationship between the landlord and the employer. For the provision of an apartment for temporary use, the owner receives income, which, in accordance with our legislation, must be declared and, accordingly, pay taxes. It is for this reason that the registration of a contract is not popular among owners of vacant housing.

However, according to Article 119 of the Tax Code of the Russian Federation, the absence of a completed personal income tax declaration-3 and tax evasion is subject to punishment.

Failure to submit the declaration is subject to fines ranging from 5 to 30% of the amount not shown. And non-payment of taxes can threaten not only with penalties, but also with criminal liability. In accordance with 198 Art. The Criminal Code of the Russian Federation determines the penalty applicable to a specific amount of debt. The most severe punishment goes up to three years in prison.

Thanks to the right not to register an apartment lease agreement, provided that it is concluded for a period of less than 1 year, many literate property owners, if conclude contracts with tenants, then for 11 months with the possibility of further renewal... In such a situation, the likelihood that the Tax Inspectorate will find out and be able to prove in court the fact of additional profit is minimal.

It is useful for every owner of empty apartments to know how to rent out an apartment correctly, eliminating all possible risks and protecting yourself from problems with the tax office. First of all, lease or lease agreements drawn up by law are needed by the parties to the agreement themselves, so as not to have claims to each other in the event of various inconvenient circumstances.

What do you need to check additionally?

Be sure to check the serviceability of all equipment together with the landlord, if there is one in the apartment. It is also necessary to clarify whether the last invoices on receipts have been paid or not. Because not paid on time utilities will provoke the formation of debt.

If there is one, then you need to agree in advance (before signing the lease) about 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, be it a spouse or other relatives, it is important to find out if all the owners agree to rent out the apartment. Otherwise, the contract may be invalidated.

It will be correct not only to receive, but also to achieve their personal presence at the signing of the lease in order to avoid disagreements later.

What do you need to arrange when renting a living space?

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

The signing by the parties of the apartment lease agreement is the final stage. This is a guarantee of good faith and decency, both on the part of the tenant and the landlord. Since the fraud with rented apartments always takes place. This also happens with unreasonable landlords, who can ask for money in advance, and then hide with the money and living space.

Do I have to make copies?

From the legal point of view, there are few copies of documents to prove fraud: what can be proven if there are no originals? There is simply no need for a tenant to have copies of documents for an apartment. But the lease must be provided and signed by the lessor and the tenant in duplicate. If there is more than one apartment owner, then for each owner - a copy of the lease agreement.

Conclusion

Of course, living in an apartment you own is much better.... But if the acquisition has not yet been planned, or you simply do not have the opportunity to the given time then rental apartment- the best way. If you correctly draw up a lease agreement and provide for all the nuances that may arise for both the tenant and the lessor, then cooperation will delight both.

If you choose an apartment yourself

When looking for an apartment through a specialized ad site or a group on social networks, you run the risk of encountering scammers. In order not to fall for their tricks, you need to pay attention to several important points.

1. Average cost of renting an apartment according to your criteria

Too "sweet" ads are often fake. Spacious with modern renovation in the very center of the city a minute walk from the metro and for a penny? A very dubious proposal.

2. Request to transfer the prepayment to the card

This point often follows from the previous one. You call on the ad you like, they tell you that there are a lot of people who want to, and then they ask you to transfer at least a few thousand so that the apartment remains with you. Don't be fooled by this: you just spoke to a scammer.

Never transfer money to strangers as a deposit without a personal meeting.

3. The authenticity of the photos of the apartment

To make sure that the information from the ad is correct, check the photographs of the apartment for authenticity. This can be done, for example, through a Google image search.

If one and the same apartment is posted on several rental sites, it's not a big deal. Another thing is when the photos are walking on the Internet, and the description, the address of the apartment and the contact person change dramatically from time to time.

4. Lack of photos of the apartment

Ads without photos look odd to say the least. In most cases, this means that something is wrong with the apartment, or that such living space does not exist at all.

5. Frequency of ad placement

It happens that the same announcement for renting an apartment appears and disappears with enviable frequency. Two weeks ago, the apartment was rented, then it was rented, and a month later it again hangs in the current one. And so in a circle.

Of course, it may not be about the owner, but about the tenants. Well, a person has no luck for tenants, and that's it. Nevertheless, the often flashing ads are alarming.

6. Contact person

Who deals with the issue of an apartment for rent? The owner himself or the realtor? If you do not want to pay a commission equal to half or even the entire amount of the monthly payment, then ads from realtors are not suitable for you.

If you contact a realtor

Realtors can make your life easier and help you find your dream apartment. Or they can be pretty nerve-racking, emptying your wallet, or wasting your time. Here's when to watch out.

1. The realtor cannot name the company of which he is now or where he worked before

If the realtor claims to be on the staff of the agency, you can contact the company directly and clarify this.

If the realtor is a private entrepreneur, in any case, he must tell you at least a few companies in which he worked before. If you have difficulty with this, you may be in front of a scammer.

2. The realtor is not interested in who and in what composition will live in the apartment

Almost every owner at least roughly represents who he sees as a tenant, and notifies the realtor about this. If during a conversation you are not asked about the number of tenants, the presence of animals and constant work, this is a bell.

3. The realtor is not an expert in his field

It is difficult to imagine that a realtor does not know how to write a receipt for receiving money or fill out a rental agreement. And if you still do not know, then this is not a realtor.

4. You are asked to pay the commission before signing the contract

The realtor receives a commission only after the conclusion of the transaction. If you are required to pay in advance, do not give in and do not transfer funds.

5. The realtor only deals with one apartment

Usually a realtor has several objects at work. It is suspicious when a specialist devotes all his time to only one apartment. Try typing your phone number into your browser's search bar and see how many ads they give you.

6. The realtor introduces himself as an employee of the news agency

You are offered to drive up to the office, conclude an agreement and get access to the owner database after paying the commission.

The realtor will not go with you to inspect the apartment and meet with the owner, and if it works out to someone from the received base, then after a preliminary agreement on the meeting, the landlord will cancel everything at the last moment.

In this case, you will not be able to return the money, because you signed an agreement on the provision of information services. To get justice, you can go to lawyers and try to file an application in court. However, no one can guarantee you a successful outcome. Therefore, carefully study all documents on which you put your signature.

Stage 2. First contact with the owner

You have chosen the ideal, in your opinion, option and are happy to call to make an appointment. First, find out if you are really speaking with the owner and not with the realtor or anyone else. Even if the ad stated that the apartment is rented directly.

Ask the landlord a few questions. For example, where the windows of the apartment go or what floor it is on.

If the person hesitated, he may be trying to deceive you. The owner will answer such questions without delay.

If you feel that everything is in order, go through the information indicated in the ad: specify the cost, the need for a deposit and payment for the last month. Find out for how long the apartment is to be rented, whether it is really 10 minutes to go to the metro, not 30. In general, talk about all the nuances that are important to you.

Stage 3. Inspection of housing

Rate the entrance. His condition can say a lot about the tenants of the house - your potential neighbors.
Try to look at your neighbors and ask who lived in the apartment before you. It is advisable to do this together with the owner: if the tenants of the neighboring apartments are not newcomers, then they will recognize your landlord, and you will once again make sure that he is the owner.
Take a close look at the bathroom, especially the plumbing. If the tap is leaking, you should point it out to the owner right away.
Check the condition of the furniture and assess its wear.
Pay attention to the location of the outlets. You may need to rearrange the furniture.
If you have pets, check to see if the previous occupants have had a cat or dog.
Do not be lazy to include all the appliances and household appliances that you plan to use.
Check all the switches in the apartment.
Ask about internet availability.
Check the locks so that you do not have to wait under the door until you are allowed inside. If there are several locks, and the key is given to you only from one, find out the reason. The owner can say that the lock has been broken for a long time and has not been used. You must insist on replacement or repair and ask for a complete set of keys.
Make sure the seals on the meters are intact.
Check the condition of the balcony doors and windows if you don't want to freeze in winter.
Appreciate the whole apartment.

If none of the above in the apartment bothers you, you can proceed to drawing up a contract.

Stage 4. Conclusion of the contract

What documents of the owner need to be checked

If the apartment has one owner

When concluding a lease, ask the landlord to show you:

passport;
certificate of ownership or an extract from the USRN.

You need to make sure that the apartment belongs to exactly the person who introduced himself as the owner of the apartment.

One of the most common types of fraud on the market is renting someone else's apartment. Housing can be rented out by a "friend" of the owner of the apartment, who settled in it for just a couple of days.

Arthur Ustimov, founder and CEO rental management service "Arendatika"

If you have not checked the documents for the property, then you risk not only losing money, but also being left on the street.

If there are several owners

In addition to a passport and a certificate of ownership, you need to obtain written consent to rent out the apartment from all owners, as well as from those who are registered in the apartment.

If a distant relative is registered in the apartment, he can come to the apartment you rented and stay in it. In this case, the lease will be valid, but no one can forbid a person registered in the apartment to live in it.

If the apartment is owned by the spouses

First you need to figure out whether the apartment is in joint or shared ownership.

Ivaschenko Srbuhi Sargisovna, leading lawyer of the European Legal Service

For safety net, you can find out about the presence of a marriage contract and familiarize yourself with its terms. If the apartment belongs to one of the spouses, then the consent of the other is not required. If in joint ownership, it will be necessary to enlist the consent of each owner.

What to look for when drawing up a contract

A rental agreement is a document that will help you avoid unnecessary conflicts, so it is very important to take a responsible approach to its preparation. The life hacker has already told how, so we will dwell only on the most important points.

Mandatory data

The subject of the contract is an apartment. You must indicate the full address, area and number of rooms.
The parties to the contract are the owner of the home (or his representative by a notarized power of attorney) and the tenant.
Passport data and information about the place of registration - both the owner of the apartment and the tenant.

The term of the contract and the procedure for payment

Indicate the terms of the contract and the period in which you are required to pay the rent. Pay attention to the sanctions for violation of the order of payment. For example, you may have a weekly period to pay off the debt, after which the owner has every right to take you out of the apartment.

The fact of payment must be recorded: when paying in cash, ask for a receipt from the owner, and when transferring to a card, ask for a bank statement.

The purpose of payment must contain a link to your agreement. For example: payment under the employment agreement No. 1 dated January 1, 2018 for June 2018.

In addition, the contract must contain the amount that you transferred to the owner upon check-in. This can be a payment for the first and last month of residence, as well as an insurance deposit - a guarantee that if the tenant damages the property, the owner of the apartment will receive material compensation.

The owner can withhold the entire amount or part of the security deposit, depending on the extent of the damage caused. If, when inspecting the apartment, everything is in order, the insurance deposit is returned in full to the tenant. The amount of the deposit that is comfortable for each party is negotiated at the conclusion of the contract.

Eviction procedure

Particular attention should be paid to the rules of eviction from the apartment. They should be comfortable for each side.

Sometimes the contracts indicate that the tenant is given only a couple of days to move out and search for a new apartment. And some lease agreements even provide for fines for the lessee's living less than a certain length of time.
Artur Ustimov, Founder and CEO of Arendatika, a rental management service

Owner visit frequency

Frequent surprise visits from the owner bring little joy. However, you cannot forbid him to visit your own apartment. Discuss the frequency of visits that are comfortable for both of you, stipulate how long the owner should warn you, and record the agreements in the document.

Communication channels

In the contract, you must specify the email addresses or phone numbers of both parties - depending on the selected communication channel. Better both, to be sure.

Do not delete the correspondence with the landlord in order to refer to it in case of disagreement.

Inventory of valuables and meter readings

In the act of acceptance and transfer of the apartment, which is attached to the contract, you need to include an inventory of valuable things. If you made a security deposit upon arrival, there is a risk of not getting it back. You have to check the whole apartment. And the more careful, the better. You already know what points to focus on when examining an apartment.

It will be safest to take photographs of all the defects found so that they will not be attributed to you when you leave. And photos can be printed and attached to the act.

Without fail, the act must contain the readings of individual water and electricity meters at the time of check-in.

Renovation and planned changes in the apartment

Make a list of the changes you plan to make and the appliances or furniture you are planning to purchase. Agree on the maximum amount and decide how the payment will take place: only by the owner, by your own, or 50/50.

It is recommended to prescribe the terms of inseparable and separable improvements in the contract in advance or draw up an additional agreement later. At the same time, it is advisable to make a reservation in the contract that things are returned to the owner, taking into account natural wear and tear.
Artur Ustimov, Founder and CEO of Arendatika, a rental management service

Indicate in the contract who pays for the breakdown of household appliances. Unfortunately, during the initial inspection, you cannot be 100% sure that the devices are in perfect working order, and it can be difficult to prove that the breakdown was due to normal wear and tear, and not due to improper operation.

If you notice that the device is breathing on fire, indicate this to the owner and make an inspection together, and then fix the agreement in the document. Otherwise, if a breakdown does happen, you may need the expertise of a professional to prove you were not involved in the malfunction.

Living in the apartment

Do not forget to indicate in the contract those who will live with you in the apartment. And also let me know if you have one. You should not lie about such things: with a great probability, you will be caught in a lie, and the consequences will be very sad.

When is it worth canceling the lease

The most alarming signal is the refusal to submit title deeds. Chances are good that the apartment is not all right.

An apartment, the owner of which is too worried about his property, may also be problematic. Such owners may come to you too often to check the safety of their property, which, of course, will cause you discomfort.
Artur Ustimov, Founder and CEO of Arendatika, a rental management service

It is worth paying attention to the behavior of the owner. Excessive nervousness is alarming, as is the unreasonable rush to conclude a contract. If you are asked to sign documents as soon as possible, do not allow you to check the serviceability of household appliances and fix defects, then this is another bell.

Take your time, study the contract thoughtfully, ask questions and discuss problematic points. Check whatever is necessary. It is important for you that it is comfortable to live in the apartment, and all difficulties are minimized. The owner wants his living space to remain in proper condition, and also does not want to be a regular participant. You evaluate each other - that's okay. And in this case, it is correct to set aside enough time for the process of paperwork and inspection of the apartment.

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