Relevance of the article: March 2019.
Time is money. This expression becomes especially relevant when you urgently need to rent an apartment. In rather extreme rush conditions, often owners of private real estate make a lot of mistakes and mistakes, which ultimately cost too much, and the price is not only money, but also spoiled nerves. In addition, the empty housing area requires constant payments, and therefore it is necessary to rent it at least in order to cover them.
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Very often, the owners leave the apartments empty, simply because they don’t know how and what to do, how to draw up documentation and, in the end, just not to become a victim of ordinary scammers or unreliable residents. Let's look at how to rent an apartment officially, what it gives and how to arrange everything correctly.
Official rental of private housing is the most optimal and profitable transaction from a legal point of view. In addition, this method of renting the apartment is the safest, first of all, for the owners themselves.
Benefits of legal renting an apartment
- There is no need to be afraid that the tenant will make it unknown to her that he will not run away without paying for accommodation and utilities. In such a simple way, you can eliminate the possibility of a scam with your property.
- Not the best option and surrender to friends or relatives, concluding a "verbal" verbal agreement. The only plus - 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 arrange a deal at a decent price and in accordance with all the rules.
- This method helps to maximally anticipate all future expenses for the apartment, including even paying for phone calls of residents. A formal lease includes all payment points and obligations of both parties.
- In addition, you can be sure that there will be no problems with the tax, and you will not be held accountable for concealing profits.
What documents are needed to draw up a contract?
The execution of an apartment rental agreement does not require the collection of a large package of documents and various references, such as, for example, for its purchase. The standard set includes the presence of such mandatory documents as:
- Certificate of ownership of the apartment in case of privatization of the apartment or an agreement that confirms the right to its property (for example, it can be a sales contract or a gift agreement),
- List of all registered in the apartment (extract from the personal account in the Housing Office),
- Notarial consent to rent from all owners of the apartment, if there are several. In addition, they must be present at the conclusion of the contract. This fact can save you from various future problems that may arise with the intervention of co-owners of the apartment, if he does not agree with its rental.
The tenant must provide a passport.
Lease agreement: what is it for and what should I register in it?
An apartment rental agreement is an official document that confirms the fact of a legal lease of real estate and contains all information about the transaction, its terms and conditions, as well as guarantees and obligations of both parties. It is between two parties: the lessor and the lessee. This is an important component of the question of how to rent an apartment.
To date, two types of property rental contracts are practiced.
- Contract of employment. It consists in 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.
- Lease contract. It is necessary to conclude a transaction with legal entities (Chapter 34 of the Civil Code of the Russian Federation). It must be registered if it is concluded for a period of 1 year or more.
The value of a formal lease agreement cannot be overestimated. Mandatory availability 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 give him maximum attention when making out.
The absence of a contract is an unjustified risk for the lessor and there are many reasons for this, for example:
- You cannot “sue” debts if you are “lucky” with unreliable residents who do not pay rent for accommodation and utility bills.
- In addition, it will become impossible to recover damaged property or theft of personal items, which is quite common in practice.
- 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 a house.
- If new tenants flood the neighbors or cause them other damage, then you will certainly have to reimburse.
What information must be recorded in the contract:
- amount of monthly rent payment,
- payment terms, up to the date and time,
- the use of personal property of the owners of the apartment, to what extent and to what extent is permitted,
- 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 conflicts in the future,
- obligatory exact time and procedure for checking a rented apartment and property in it by the landlords,
- information on the privatization of housing, its owners, is indicated,
- the number of future residents is necessarily indicated
- the procedure for the return of funds in case of non-payment, as well as the procedure for reimbursing possible material losses to the lessor in cases of unlawful actions of tenants,
- additional arrangements 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 of the personal property of the landlord, 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 causing damage to both housing and all your things during the tenants' stay are significantly reduced.
Of course, even if a contract is concluded, both parties have certain risks. The tenant has the right to know and must be sure that you have an official right to rent housing, and also that there are no unpleasant problems with the apartment, that all utility bills are paid and there are no debts for it. All this information is honestly agreed upon in advance, after which it is obligatory indicated in the contract upon conclusion. The employer must confirm that he is familiar with the information on housing and has no complaints.
As additional important information, the contract may include data confirming the solvency of the employers (for example, a certificate from the place of work, which indicates the names and phone numbers of contact persons who can confirm the information provided by the tenant).
A separate paragraph indicates that this apartment is not rented out to anyone else, that it is “clean”. It is not necessary to be limited to certain standard phrases, it is important to indicate as much as possible all information about housing and property in it, as well as all verbal agreements with the tenant. In this case, both parties to the transaction will be able to avoid possible unpleasant consequences, or to protect their rights in cases of unlawful actions of the other party.
Transfer of money in payment of 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 implement this procedure:
- From hand to hand - The easiest and fastest way. But it may not always be convenient for both parties, since it is necessary to find time for the implementation of this process. Often no one can donate such time on the other side, especially if it happens during the day. The reason is simple - often during the day people are at their workplaces. If funds are transferred in cash, be sure to conclude an act of transfer of money or write a receipt with the indicated amount, date, payment period and signature.
Absolutely all payment manipulations are carried out on the basis of a contract and cannot be changed unilaterally. Both parties must follow the pre-agreed terms of the transaction. If this is a transfer of money from hand to hand or to proxies, then it is imperative to provide documents that confirm the presence of the 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 the transfer of money, if all receipts are kept, is almost impossible to dispute or deny.
There are no trifles in such an important matter. Any little thing can play a trick on you and cost you a lot. This means that personal reinsurance is always much better and more advisable than a credit of trust to unfamiliar people.
What does the law say?
An owner who rents an apartment can count on legal support from the state in the event of a dispute or conflict with tenants.
The procedure for renting an apartment is regulated by Chapter 35 of the Civil Code of the Russian Federation “Hiring a dwelling”, which contains 18 separate articles providing for all situations that may occur in the process of renting a home.
We consider in detail each item.
What can and cannot be taken?
According to the law, only a landlord or a landlord’s representative who has a notarized power of attorney to dispose of housing can lease housing.
The right of ownership is confirmed by special documents - a certificate of ownership and an extract from the register of owners, which can be obtained by all interested for a small fee.
If the apartment in a fractional ratio belongs to several people, it is necessary to obtain a shift permission of each owner for renting out a house.
In addition, all adults registered for the apartment must provide their permission, and if a minor is registered at this address, you will have to obtain permission from the guardianship and trusteeship authorities.
In case of violations of the above conditions, it is not possible to legally conclude a lease agreement with official registration in Rosreestr.
And this means that in the case of judicial and pre-trial proceedings, the document will not have legal force.
In this case, when causing damage to the property of the landlord or neighbors, you have to rely only on the good faith of the tenant.
Situations when the owner rents an apartment taken on a mortgage and pays the debt with the money received are not uncommon.
According to the sales contract, a borrower who has taken an apartment in a mortgage is the owner of the property despite credit obligations to the bank.
To minimize the risk of loss of invested funds, the bank obliges the borrower to use the acquired apartment as collateral. Therefore, transactions for the sale of property and transfer of ownership of it to third parties are possible only with the permission of the bank.
However, the owner of a mortgage housing can rent an apartment without permission, without violating legal norms.
It is only necessary to take into account that it is better to take the rent from the tenant on a monthly basis, because in case of confiscation of the apartment by the bank, disputes may arise regarding the return of the paid funds.
The owner of the non-privatized property is officially the municipal authorities, and the people themselves registered in the apartment are tenants.
In this case, the rental of a non-privatized apartment is considered a sublease, which is possible only with the permission of the homeowner.
Municipal authorities rarely give their permission to rent an apartment by third parties, so it will be problematic to officially draw up a contract with a tenant.
A privatized apartment can be freely rented with the permission of all owners.
Theoretically, you can rent an office apartment by analogy with the municipal, but in practice there may be even more difficulties.
If the employer realizes that the employee does not need official housing, it can be provided for temporary use to another employee.
Emergency or no repair
It is possible to rent an apartment without repair or in disrepair provided that the tenant makes repairs in it at his own expense. This is a common practice.
If the apartment has become unusable during the tenant's operation, he may unilaterally terminate the lease or require the owner to repair the premises.
Individual as an individual
The rental of the premises by an individual entrepreneur to an individual is not prohibited, however, as an individual entrepreneur, the lessor will pay income tax on funds received from the tenant.
Mostly IP is executed by people who rent out several apartments, because in this case the tax rate for IP will be more profitable in comparison with the taxation of individuals.
Is it profitable?
Benefits from the commissioning of residential premises:
- obtaining an additional source of stable income,
- often utility bills are paid by the tenant,
- the apartment is constantly supervised and does not deteriorate.
If there is the possibility of renting an apartment to keep housing empty does not make sense.
Rental risks may not be immediately discovered by the landlord.
Therefore, it is useful to familiarize yourself with a list of possible problems:
- tenant's refusal to pay rent (in this case, the landlord has the right to evict the tenant),
- failure to pay utility bills, as a result of which serious debt may accumulate (it is necessary to control the timeliness of making utility bills or tackle this issue independently),
- possibility of theft or damage to propertylocated in the apartment, damage to repairs, etc. (to protect yourself in such a case, use the precautions described in the section “What other documents can be issued?”),
- the possibility of damage to the property of neighbors by the tenant due to flooding or fire with the need to compensate for losses at the expense of the lessor (if the tenant is not officially employed and does not have any property, even going to court will not help to return the funds spent on compensation for losses to neighbors),
- the tenant may violate the rules of living in an apartment building, interfering with the rest of the neighbors by constant noise (it is necessary to stipulate this issue in advance),
- the tenant can rent a house for rent, which will lead to much faster damage to repairs and property (the absence of such a right from the tenant must be prescribed in the contract).
What documents are issued after the privatization of the apartment? See here.
Step-by-step instructions and rules
- Preparation of grounds for rental - an agreement with other owners, citizens registered in the apartment and, if necessary (if a share in the apartment or a room in a communal apartment is rented out), neighbors about writing a written consent.
- Preparing an apartment for rent - cleaning the apartment, buying the necessary things, giving the presentation in order to attract tenants.
- Tenant Search - For more details see the section “To whom and how?”.
- Conclusion of an agreement - more in the section “Registration of the contract”.
- Receipt of rent and control (or implementation) timely payment of utilities.
Independently (without intermediaries)
You can rent an apartment to relatives, friends, acquaintances, acquaintances of acquaintances, if they need housing. This is the easiest and somewhat safe way.
There are many special sites for posting ads (avito.ru, egent.ru, kvartirka.com, nedvizhimosti.rf) and groups in social networks where you can find a tenant yourself without involving intermediaries.
Officially through the agency
If you want to avoid wasting time and unnecessary trouble, the best solution would be to contact a realtor who, for a fee, will resolve issues related to renting yourself.
Often, realtors look at advertisements for renting apartments on sites and call the landlord on their own, offering their services.
Do not be afraid of a large commission for the services of a specialist, since in most cases it is paid at the expense of the tenant.
Сдача квартиры иностранцу связана с дополнительными трудностями, поскольку арендодателю будет труднее проверить подлинность документов, предоставляемых съемщиком для подтверждения своей личности.
However, a lease agreement with a foreigner is drawn up without significant differences from the standard agreement between citizens of the Russian Federation.
The foreign nationality of the tenant is not an obstacle to renting him an apartment if he has a migration card.
You can check whether the official residence of a foreigner in the Russian Federation is allowed on the website of the Ministry of Internal Affairs (http: //services.guvm.mvd.rf).
To verify the authenticity of an identity document, look at a standard passport of the country from which the migrant came, and be sure to check for any signs of corrections in the document.
Pros of renting housing
Legally competent execution of the transaction always gives the property owner very significant advantages. For example, the conclusion of a written agreement will help him avoid many unforeseen expenses. It is enough to indicate in the agreement which of the parties is responsible for damage to furniture and damage to equipment - so you protect yourself from the actions of unscrupulous residents.
What documents are needed to draw up a contract
The set of documents for renting an apartment depends on whether the owner is an individual or a legal entity. So, from an ordinary citizen-lessor will be required:
- A document confirming the right to own an apartment (certificate of ownership, contract of sale, deed of gift, certificate of inheritance, etc.),
- Certificate of no arrears in the payment of utilities,
- Cadastral passport for a dwelling,
- Written consent of all property owners,
- The written consent of the parents or guardian, if the owner is a minor
- A power of attorney certified by a notary if the transaction is carried out by an authorized person.
Potential tenants of the apartment should bear in mind that if the apartment you are planning to rent has several owners, then all of them must give their consent to the delivery of the premises in writing with a signature. Otherwise, the lease may be invalidated. If the property is jointly owned by the husband and wife, it is best to also obtain a written permission from the second spouse.
At the time of the transaction, the owner of the apartment will have to draw up:
- The act of acceptance of the apartment,
- Description of property to the contract of employment,
- A receipt on the receipt of funds.
These are one of the most important documents in the whole transaction, thanks to which it becomes legal. They protect the landlord and the tenant from disagreements and mutual claims to each other that may arise when property is damaged in the apartment or the amount of money stipulated in the contract is not paid.
Subtleties of concluding a contract
On the basis of a lease, the owner is obliged to provide the tenant with a dwelling for temporary use for a fee. Moreover, it must be drawn up in writing. The parties to the transaction are the tenant and landlord. If the owner of the real estate is a legal entity, housing will be rented on a rental basis, respectively, the parties to the contract will be referred to as the lessee and lessor.
In accordance with Art. 609 of the Civil Code of the Russian Federation, The lease of any real estate is subject to state registration. Moreover, its validity should not be more than 5 years. And vice versa, a transaction concluded for a period of less than 1 year is considered to be short-term, which must be indicated in the contract. If this condition is not met, it may be declared invalid. True, registering such a document with the Rosreestr is not necessary - it can be strengthened from a legal point of view with the help of a notary public.
Neither the receipt, nor the act of acceptance and transfer are proof of the conclusion of the transaction. A guarantee of security for both parties is only an officially concluded lease. The lack of agreement can threaten the landlord with a lot of troubles, namely:
- Fines from tax authorities,
- Refusal of the insurance company in payments, if the tenant caused damage to housing,
- The tenant refuses to pay the rent,
- Termination of a mortgage agreement at the initiative of the bank.
Essential terms of the agreement
The essential terms of the lease are, in fact, the governing provisions of the entire transaction. In other words, without them, an agreement cannot be considered concluded. According to Art. 432 of the Civil Code of the Russian Federation, a transaction is recognized as completed only if an agreement has been reached between the parties on all material terms.
As a rule, a prerequisite of the agreement is to indicate in it the subject of the transaction - an apartment, with a description of all its characteristics. This can be the full address, the area of the living room, as well as the floor on which the apartment is located. In addition to this should be prescribed:
- The price of the contract and the procedure for depositing funds,
- The rights and obligations of the parties to the transaction,
- Responsibility of participants for violation of the terms of the agreement,
- Ensuring the fulfillment of obligations under the contract,
- Duration of agreement
- Grounds for amending or terminating the document,
- Conditions for the transfer of confidential information,
- Dispute Resolution Methods,
- Normative legal acts regulating the relations of the parties,
- Signatures and details of the participants.
As additional information, information may be indicated in the contract to verify the solvency of the tenant or tenant. Here you can specify the condition for providing a certificate of employment or the balance sheet of the enterprise. Separately, it is worth noting the fact that the dwelling does not have any burdens, for example, mortgages or arrests. This is especially true in cases where it was not possible to verify the legal purity of real estate and the rights of the lessor for it for certain reasons.
Cash deposit procedure
Article 682 of the Civil Code of the Russian Federation indicates that all issues regarding the amount of cash for renting an apartment should be reflected in the relevant contract. The exact amount is determined by agreement of the parties, that is, price change is not allowed unilaterally, unless this is provided for by the current agreement.
The contract must also indicate the timing of payment. In practice, the tenant almost always pays a month in advance - this is due to the need to pay a deposit for accommodation in the apartment upon conclusion of the agreement. If the transaction is short-term, you can agree on a more frequent deposit of funds, for example, twice a month.
There are two ways to pay:
- Transfer cash against the receipt of the owner,
- Transfer money to the bank account specified in the contract.
If you decide to rent your apartment, remember that under the law the income received by you is taxed accordingly. There are 2 methods of taxation for renting real estate:
- Payment of personal income tax,
- STS for individual entrepreneurs.
The amount of tax on personal income, that is, ordinary citizens of our country, is 13% of the profit. If the landlord lives in Russia for less than 6 months a year, he will have to give it to the state 30% of your transaction income. You can find out the details for payment by contacting the tax service. In addition, the landlord must annually submit a declaration in the form of 3-personal income tax. Otherwise, he faces a fine of up to 500 thousand rubles or imprisonment for up to one year.
How to save on taxes
The owner of the apartment, which is engaged in its rental, has the opportunity to save on income tax. But for this he needs to register as an individual entrepreneur and indicate his type of activity the rental of housing. This process is longer and more complicated, but the benefits are obvious. Due to the simplified taxation system, the property owner will pay a fee of 6% instead of 13% established for personal income tax. The higher your profit from the rental of premises, the more profitable you will be to formalize your activities as entrepreneurial.
How to pay state taxes for renting real estate?
If you are interested in how to rent an apartment officially, then you should know about paying taxes. In practice, different methods of renting apartments are used in Russia and they are not always supported by law. Renting housing without paying taxes is a reality, not a fiction. According to statistics, about 60% of owners who independently rent their own homes do not pay taxes to the state. As a rule, this option is fraught with unpleasant consequences and problems with the relevant state bodies.
Most often, a banal situation occurs - it’s the neighbors of such tenants who give dishonest “businessmen”, usually this happens when it is not clear who is renting housing and in the case of hooligan behavior at night. Naturally, the neighbors begin to complain and an informal rent with tax evasion comes up.
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’s more profitable to do everything yourself and by law. But how?
According to the law, real estate can be rented out by persons engaged in private entrepreneurial activity, or 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 contract between the lessor and the tenant of the living space. Property rental tax is mandatory 13% of the income received from the property. This income, as a rule, is the amount prescribed 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 tenfold.
How does this process happen in practice?
The owner of the apartment, he is the landlord, at the end of the year, independently submits the tax return of the individual (form 3-NDFL). This declaration is submitted to the tax inspection authorities at the place of direct business activity. In another case, the completed declaration is filed 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.
For activities related to the rental of real estate, you can register a private enterprise. This will greatly simplify the entire income tax payment scheme. For this, it is necessary to register a business entity - an individual or an individual entrepreneur. The easiest way is to register an individual entrepreneur and pay 6% of the profit under the simplified taxation system.
Possible difficulties in processing a transaction
Real estate rental 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 often made during registration:
- When concluding a contract, the lease term is better to register immediately. And if it exceeds 12 months, then it must be registered with the Federal Registration Service. In this case, the tenant pays the amount of the state fee, and the lease is registered with its owner. Such an agreement gains full legal force and may act as an official document in cases of the resolution of various disputed and conflict situations.
- 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 residents as much information as possible. It is also advisable to check it for reliability, for example, call the work and make sure that such a person really works there.
- Serious attitude to any trifles in this serious matter is a guarantee of avoiding possible problems. Therefore, the favorable outcome of the transaction and the receipt of future profits in full without unnecessary losses depend on your responsibility and awareness.
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