What do you need to know when renting an apartment to avoid getting into an unpleasant situation? How to find inexpensive, but at the same time comfortable housing? How to rent it for a long period of time?

We will tell you further in our article about what you should pay attention to when renting an apartment.

What is called renting an apartment?

According to the rental agreement, an apartment, house or separate room is transferred to the tenant for a certain fee. He can own and use the residential premises, observing all contractual conditions.

It is worth saying that the owner of a residential premises can be not only an individual, but also a legal entity. Only an individual can become a tenant of an apartment.

Renting residential premises is of the following types:

1. Social.
2. Commercial.

The first option does not interest us, so we move straight to the second.

Commercial rental– this is exactly what renting an apartment is. Here the owner of the residential premises and the tenant are free participants in legal relations.

They enter into an apartment rental agreement of their own free will, having previously agreed on all the conditions and requirements. A corresponding agreement must be signed. Without it, you will not be able to prove anything in court (if any disputes suddenly arise).

Finding housing through a real estate agency

Anyone who wants to rent an apartment for the first time usually contacts special company. When choosing an agency, you should rely on the advice of friends - the organization must be proven. A specially authorized person performs the following functions:

1. Selects an apartment based on the client's requirements.
2. Agrees with the owner of the residential premises on the viewing date.
3. Walks with the tenant and inspects selected residential premises.
4. At the moment of conclusion lease agreement conducts all negotiations.
5. Provides the client with advice on all issues and nuances of the contract.
6. Checks the documentation of the owner of the residential premises.
7. Present at the conclusion of the lease agreement. Engaged in drawing up a transfer and acceptance certificate, which includes an inventory of the property of the residential premises.

In other words, he must accompany the client everywhere - right up to the signing of the contract. The price for specialist services is calculated individually, depending on each specific situation. Each company has its own price list for providing services of this type.

What you need to know when renting an apartment and how to avoid scammers

Fraud in residential rentals can be as follows:

Photos differ from actual situation

You need to be wary if the cost of renting an apartment and its renovation have significant differences. If in the provided images the apartment looks like an elite one (as if the photographs were copied from magazines), but the rental price is low (or does not even reach the market value level), there is evidence of fraud. The explanation could be that the apartment shown in the photo has already been rented, so you will be provided with another one of lower quality. In reality, the following may emerge: such housing simply does not exist, and never has existed. How to prove the fact that the images in the ad are not unique? Use the “Search by Image” service - various sites will show you all available matches. As a rule, such “ads” pursue the following goal: on their basis, a database of possible tenants is formed.

Check the address

Such an apartment may not exist at all. Carefully fill out the contract, verify all information - even when collaborating with a real estate company and a specialist in this matter. Many people are deceived - the address indicated in the agreement is not in reality. In other words, they are paying rent for a non-existent apartment. If suddenly you or someone you know is affected by this situation, terminate the lease agreement on your own initiative. Simply send a notice to the landlord's address. If you don’t have documents, just forget about this apartment and that’s it (in this case you don’t need to pay anything).

Very often, fraudulent realtors act as follows: they demand payment for all information services provided (the amount is approximately 9,000 rubles). This is followed by the transfer of several landlord numbers to the client - they do not accompany the client during the inspection of the property.

Viewing for a fee

There is no need to pay money to view a rental apartment. No one has the right to demand money from you for this. If a realtor starts asking for money, it means that this is his way of making money - that is, the transaction itself is not interesting to him. Sometimes it happens that a realtor and the owner of a residential property enter into an agreement and divide the money from viewings 50 to 50%. Often, visitors are “caught” by these tricks - those who are poorly versed in all the nuances of this procedure. If you are affected by this problem, do not continue working with this realtor.

Residential premises can be re-rented

It is worth remembering the following: tenants of residential premises do not have the right to move in or temporarily move in other citizens. Cannot be collected from other individuals cash and commission fees. The conclusion of the agreement should be carried out only with the owner of the apartment. First, it is worth checking all the documentation that serves as confirmation of his ownership.

Fraudsters may offer to purchase a customer base

This deceptive method was “developed” in the recent past. Such a realtor can tell the client that the database is updated every day, but if you pay for access to it, you can only get acquainted with outdated information. To avoid getting into this situation, study various reviews of other people on the Internet.

Demand always leads to the birth of supply, but not every one of them will be honest. Therefore, you should approach the choice of a realtor with all responsibility.

How to rent an apartment correctly

If you decide to look for housing on your own, you must select an advertisement from the owner of the apartment you like. In this case, you set the time and date yourself and go to the living quarters that suit you. Of course, in such a situation there are certain nuances. But most people prefer not to contact realtors and firms.

Sometimes it happens that you need to rent an apartment urgently - there is no way to do without it. Let's say if a person long term goes on a business trip. You will need to pay a considerable amount of money for a hotel, buying an apartment is very expensive, and the goal will not justify the investment.

Advantages of renting an apartment

Rented housing has the following advantages:

1. Tenant mobility. It is possible to move to another area or to another city if a more attractive position is offered. Or near apartment building a noisy junction or an industrial complex has been built, a change of place of residence is quite possible.
2. There is no need to do repair work and spend money on it. Only the owner of the living space will think about new furniture and plumbing. The decline in consumer qualities of the situation leads to a decrease rent.

How to rent an apartment yourself

Checking the owner of the premises

To make sure that the living space is legally clean, it The owner must provide you with the following documentation:

1. A document stating that he is the owner.
2. An agreement that serves as confirmation of ownership of residential premises (for example, provide you with an agreement fixing the purchase and sale).
3. Identification.
4. If the landlord is a representative of the owner of the premises, they must be provided with a power of attorney certified by a notary. This document confirms the right to manage.

It is necessary to ensure that there are no debts - that all utility bills are paid. All meters, receipts and payments must be verified before concluding a contract.

Consent of each owner of the premises

If the apartment has not one, but several owners(in other words, it is shared ownership), everyone's consent is required for renting (they must all be over 14 years old). This agreement must be signed by all apartment owners (or any other individual who has a notarized power of attorney from them).

If you need to rent a room in a communal living space, you will need the consent of each neighbor. The decision on this issue remains with the landlord. They must also be provided with a document stating the procedure for using this living space - in other words, in which room this or that owner is located. This will allow you to avoid unnecessary conflicts and unwanted clashes.

How to rent an apartment correctly

If the document is drawn up correctly and has legal force, it should include:

• Full name and personal data of the property owner and tenant;
• The amount that the tenant will pay each month;
• Situations under which the rent for residential premises may be changed;
• How many times can the owner visit the property to check it? All conditions for inspections are also stated here.
• Information about persons who may live with the tenant.
• Time period – when and for how long the property is rented.
• Conditions for termination of the contract.
• The contract must describe the housing in detail: it must reflect its address, area and number of rooms, floor, and so on.

Despite this, any agreement is individual - a standard form of completion in legislation Russian Federation absent.

It is on the day when the contract is concluded that the tenant must ask the owner to provide an extract from his personal account. With the help of this document, the tenant will find out whether all utility bills have been paid (whether the apartment owner has any debts). He will also receive information about which people are registered at the housing address.

The apartment should not have debts and registered citizens - individuals.

Important point: pay attention to the rights and obligations - not only of the tenant, but also of the landlord. Let’s say it’s worth determining a schedule of inspection visits to a rented residential property by its owner.

Rent

The key issue is the amount of rent. The following information is required:

• Who is responsible for paying utility bills?
• Who is responsible for paying for the Internet, telephone communications and other services?

Any transfer of funds must be documented using a receipt. There is an opinion that by demanding this document, a person expresses his distrust of the other side of the legal relationship. Although this is a completely normal situation - after all, you do not know what the other person is like.

The agreement comes into force only after both parties sign the acceptance certificate for the apartment. This document must reflect the following information: the tenant was given housing for use and he accepted it, without any complaints. After this, the tenant bears all responsibility for the premises. He must monitor the safety of the apartment and the property in it.

Important point: if housing is rented for a year or more, the signed agreement must necessarily go through the registration process with Rosreestr.

And although the owner of the apartment must take upon himself the decision of this issue, any responsible tenant is also obliged to ensure that this formality is fulfilled.

The apartment cannot be sold or mortgaged until the expiration of the lease agreement. If the apartment is rented for a short time, you do not need to register anything.

A contract is a legal document. It is for this reason that any changed lease terms must be formalized using a special additional agreement. Very often, the owner of the residential premises and the tenant sign an agreement to extend the lease of the apartment, maintaining all the basic conditions.

It is worth saying that the deed of transfer must include an inventory of all property located in the residential premises (that which is transferred for use along with the apartment itself).

What is called an inventory of property

The inventory of property is called an appendix to the lease agreement. The inventory reflects the property transferred to the client for a certain time period.

The owner of the apartment has the right to include in the inventory: all furniture, electronic equipment, kitchen utensils, and so on. If the tenant loses or damages something (not reflected in the property inventory), it will not be possible to return the item to the owner of the property.

Rent contract

How is the document compiled?

As a rule, the inventory of property when renting housing (apartment premises) is filled out according to standards.

What details must be included in the act?

1. The document must have a name. It can be anything.
2. After this, it is worth registering where and when this document was drawn up.
3. Information about the parties entering into the agreement must be reflected. The details of not only the landlord, but also the tenant are described.
4. And lastly, they provide a link to the lease agreement.
5. After reflecting and recording all the above information, the parties specify the following point: the lessor transfers for temporary use not only the residential premises, but also the property located in it - the tenant must accept all this property.
6. Next, all property located in the housing is listed.
7. At the end of the document, both parties put their signatures.

Nuances of preparing an inventory of property

It all depends on the apartment being transferred, on what exactly remains in it. In some situations, certain difficulties may arise. For example, if we are talking about renting an empty apartment. In such a situation, there will be almost nothing to include in this document when renting an apartment. Only water meters, plumbing fixtures, and others located in the building will be described.

It is worth noting that today citizens often rent out an apartment that is completely ready to move in (that is, with all the necessary equipment - even forks and spoons). This leads to the fact that the inventory of property may take more than one or two sheets.

The most important thing in such situations is not to ignore established rules, to register and reflect any item available in the home. In addition, there is an option to record the condition of the entire property in a photo or video. These images can later be attached to the rental agreement. A property inventory is a complex legal document that can protect the interests of the lessor in the event of disputes.

Rules for renting an apartment for a long time

Be sure to check whether the owner of the apartment has the right to rent it out. Carefully review all documentation provided to you.

What questions to ask when renting an apartment

It is necessary to clarify at what address the owner of the premises lives. Check his personal data (phone number, address provided to you).

Check under what conditions the Internet is connected to the residential premises (if it has already been installed, check who will pay for it and how).

When inspecting the rental apartment, check the condition of the plumbing and electrical wiring. An important point: if only a few devices are connected (we are talking about an electric kettle, laptop, washing machine), the plugs should not be knocked out. It is also worth making sure that there are no ants, cockroaches, etc. in the rented apartment.

If the inspection process reveals any specific problems, ask the owner of the premises who will pay for the repair work.
If you rent a room that does not have a lock (or we are talking about paying for one sleeping place), no deposit is required.

Residential windows must be in good condition. Otherwise in winter time year, the apartment will be excessively cold, and in hot weather it will be difficult for the air conditioner to perform its functions.

Be sure to note down the emergency numbers to call in case of any emergency. A copy of the lease agreement must contain a note indicating the monthly rental payment. The owner of the residential premises must put his personal signature.

Property in a rented apartment

Clarify the issue with appliances and furniture - will you be able to use the owner’s furniture or will you need to transport your own. Since the market price for renting premises is always unstable, you should not sign a lease agreement for a long time beyond a certain price. Of course, this is just advice, the decision is still yours in any case, but if prices suddenly fall, you can always find more cheap option rent (or ask the apartment owner to give you a discount).

When executing a lease agreement, the owner of the premises must give you all the keys. They definitely need to be checked. And don't forget: no one has the right to demand money from you for the keys. This will be an illegal requirement, which you are not obligated to comply with.

As a rule, a lease agreement is concluded for exactly one year. This is beneficial to the owner of the premises, since such an agreement is considered to be concluded for a short period. Thus, the tenant will not be able to allow other tenants to live with him without notifying the owner. If you want to extend the contract, simply sign the necessary agreement. This must be done 30 days before the temporary period of the residential lease agreement expires.

Establish contact with the owner of the rental property and neighbors, this will help you avoid many problems.

Rental period

This is a common misconception among tenants - the landlord has the right to kick them out of the apartment at any time. In reality, everything is not so simple; the landlord cannot kick out the tenant before the time period of the contract expires.

Another important point: If you signed an agreement to rent an apartment for a long period (more than a year), the tenant has the right before other persons to extend the concluded agreement. And if the landlord simply begins to refer to the fact that he did not like the person and wants to move other tenants in, this will not become a serious reason at all (of course, if the tenant has not committed anything illegal). Eviction in such a situation is only possible through legal proceedings. The court will consider whether there are violations of the legislative norms of the Russian Federation, or violations of the lease agreement. That is:

1. If a person does not pay rent for a residential premises.
2. If you allowed strangers (not included in the contract) to live in the apartment.
3. If the tenant has damaged the living space (or if it has become impossible to live in it).

But in practice, such situations do not occur very often.

Compensation for damage

Before the end of the contract, the tenant and the landlord must jointly check all property using an inventory. The tenant is obliged to return all items in proper condition. In the event of damage to an item, the issue is resolved in various ways. Of course, it is best to find a compromise solution (for example, if the refrigerator breaks down, the tenant can pay for its repair or reimburse the cost). But if the tenant is not to blame for the breakdown, the matter has reached court proceedings, the evidence will be the concluded lease agreement for the apartment. It must be signed by both parties to the legal relationship.

And the last thing: Always read what you sign when renting an apartment! Even if you have followed every step of the landlord, be sure to read everything written at the end! Only after this should you put your signature on the contract! If you do not have sufficient knowledge in this area, it is best to seek help from a specialist. A professional lawyer will explain all the nuances to you and help you avoid mistakes when concluding an apartment lease agreement!

The rental of apartments and other premises is regulated by the Civil Code of the Russian Federation.

Do you own a vacant apartment that no one lives in? 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 out an apartment and what is needed for this? You will find answers to these questions in this article!

Let's consider the advantages of legally renting out an apartment

1. Conclusion of an agreement. This will help you avoid many unexpected expenses and can even save you from big problems. We all know that employers are different. Some are very clean, honest and neat. Others are careless and irresponsible, and there are even scammers. It is the last category of people that can cause you a lot of problems. Therefore, take a close look at the personality of the employer. There are cases when tenants remove property and equipment from the apartment, damage repairs and furniture. To prevent this from happening, it is necessary to conclude an apartment rental agreement between individuals. It must be accompanied by a detailed inventory of the property that is located in it at the time of delivery of the apartment, and a description of any 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 the employer’s passport details in this document!

2. No additional costs. Who should pay utility bills? Phone bills? Internet? Did you write this down in the contract? If not, then you will have to deal with your employers after the fact. Please note that not all of them are willing to pay these costs if you have not discussed this in advance. Your tenants could budget the amount you agreed on and save it from their paychecks. And when a kilometer-long telephone or utility bill arrives, 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. Impossibility of scam. You rented out an apartment to a girl student, and 15 workers live there? If you decide to officially rent out an apartment, then you will not face such a situation. Otherwise, anything is possible!

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

We've sorted out the advantages. It's time to move on to 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 you have. Perhaps something is not working and needs to be replaced. So that later there will be 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 additional. Because the more equipped the apartment is, the more expensive it can be rented out, which means the income from renting out the apartment will be greater.
• If the apartment has not been renovated for a long time, do it. You don't have 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 shorted wiring and burst pipes. 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 that has been damaged by a fire or flood. This means you will lose income from renting out the apartment. And also the money you will 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 indicate the responsible persons!
• Take all your valuables. Do the cleaning to make the apartment look clean and comfortable. Nowadays there is a very high demand for cozy apartments.
• Prepare all the necessary documents, and also eliminate utility debts, if you have any.

Step 2: study the real estate market

The apartment is ready to receive new residents. But what price should I set? The task is not easy for those who do not know what to rely on. But we will tell you!

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

Step 3: Finding an Employer

There are two options:

• You can rent out an apartment without intermediaries. In this case, you will have to independently search for a tenant, answer all calls regarding the apartment rental, and, as a rule, there are many of them.
• The second option is to rent out 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 are the benefits of renting apartments through intermediaries? The advantages of this method are that you save your time on finding clients and talking with them. There is one minus, but a significant one. You will have to wait a long time, since not all potential tenants are willing to pay a considerable commission to realtors, as a rule. If you still decide to rent out an apartment without intermediaries, then place an advertisement in the newspaper about renting out an apartment on your page in social network, on popular Internet sites. Be sure to include high-quality photographs of the premises. In the advertisement, indicate that you want to rent out the apartment for a long term. 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 can look at the apartment and understand whether it is suitable for them or not. You should also evaluate future landlords and understand whether you want to rent an apartment to these people, or whether it is better to look for others.

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

If you have definitely decided to rent out 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 rental agreement and write down all the nuances. The contract is your “safety cushion”. Because it states your rights and responsibilities as a tenant. That is, if anything happens to your property, you will not have to spend personal savings on restoring the original furnishings of the apartment. Because it is the employer who will compensate for the damage and bear all costs if the damage occurred through his fault.

What points are important to include in the contract?

1. Last name, first name and patronymic of the employer.

2. His registration address 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 controversial issues.

7. You must carefully fill in the address of the property to be hired. It is better to write it off from the certificate of registration of rights.

8. Your passport details, registration address.

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

10. Also indicate Contact phone numbers so that there can be an instant connection between you and the tenant. Because situations are different.

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

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

13. It is important to provide on what basis the 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 integrity 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 Federal Migration Service and check the document for authenticity. Anyone with access to the Internet can do this. For free!

You can also check the tenant on the bailiffs website 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 an agreement in the name of another person by taking possession of his documents. Be carefull!

If you still have doubts, then you can ask the future tenant for a copy of the income certificate 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 any other people will live with him, then it is important to indicate their passport details, as well as full name. Be sure to take a copy of their passports.

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

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

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

Let's consider the least expensive option that does not require additional costs. Proceed according to the algorithm given above, but remember that the agreement 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 sign an agreement, you can use option 2 for renting out the apartment. How to officially rent out an apartment in this case?

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

Please note that such a power of attorney is not done for free! You will have to pay. And as a rule, a fairly 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 out an apartment in this case? First, you need to obtain permission from the bank for such actions. If it is received, then act according to the algorithm. In this case, no difficulties will arise.

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

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

Taxes paid by the owner of a rented apartment

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

What to do if you own several apartments intended for rent?

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

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

What documents are needed to rent out 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 an agreement if you signed one with him.

How to collect money from tenants?

• The easiest way is cash payment and handing over money. But he is not the most reliable. Because you may make a mistake when recalculating funds. Sometimes there is counterfeit money 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. Agree with your tenants to transfer rent money to your account on a certain date. It is very comfortable. You can always take a bank statement and resolve controversial issues regarding finances if any arise. In addition, you will reduce the errors that can occur when paying in cash.

Helpful Tips:

• Insure the apartment and the property in it before renting! This does not require a large investment, but it can save you from many troubles and additional expenses 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 your tax due date. You must do this before April 1 of the next calendar year. Otherwise you will have 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!

In a difficult economic situation, this is a fairly common practice among citizens who, for some reason, are unable to purchase their own apartment.

The demand for rented apartments increases every year, which creates favorable conditions for scammers. That is why the search for a vacant apartment should be done through a reputable advertiser who has been on the market for many years.

It is equally important to check the relevant documents with the potential landlord to ensure you avoid meeting with scammers. Those involved in renting out apartments are also concerned about who exactly is renting their living space. Facing a willful defaulter is also a fairly real prospect, against which property owners want to insure themselves.

Verifying the landlord's honesty is one of the most important conditions for obtaining housing.

The tenant must pay close attention to the following documents:

• At the first meeting, it is advisable to look at the passport - this is the main document for every citizen of the Russian Federation.
• You need to open the document on the registration page and check the data entered there.
• Usually the owners have registration at the same address where the housing is located.
• Lack of registration is quite a rare occurrence, but sometimes it happens that the owner is absolutely honest with the employer.
• He just didn’t have time to register. In this case, you can ask the neighbors about the owner’s identity.
• This is not a very effective check, however, it is better than not having any control over the situation.

Next comes a check of ownership and title documents.

This information is much more important than passport registration.

If a copy is presented, this is a reason to be wary. The passport data is verified in the state registration document. They must match the data reflected in the person’s passport. In very rare cases, instead of a certificate, a court decision or a document issued to the heir of the deceased may be presented.

At the next stage, you need to contact the local branch of the Russian Register of Real Estate and request a certificate confirming the owner’s rights to this apartment or other housing.

The extract costs about 200 rubles. It is issued within five days to any citizen who submits a corresponding written request. The certificate verifies the name of the owner.

The document also reveals whether there are other owners, whether the property is under collateral, and whether there are any court injunctions on its rental. If there are several owners, you will have to enlist the support of each of them - and this means additional time and a high probability of receiving a refusal.

You need to be aware that without the written consent of at least one owner, the tenant can be evicted from the apartment at any time, and on completely legal grounds.

Businesses are not always run by the owner himself.

Often he is replaced by a trusted person who has a notarized document. Such a power of attorney should be checked with particular care. You should clarify the validity period of the document and check for the presence of a notary’s signature. You can even call the notary office and find out whether you received this citizen power of attorney.

Proper execution of a power of attorney for the sale of an apartment will play a significant role in the success of the transaction. For all the information.

Tenant's documents

If an individual rents housing, their passport (its availability) is mainly checked.

But legal entities (organizations, LLC, JSC) can also deal with rental issues. They check the following documents:

• Power of attorney duly certified by a notary. It is important to find out who exactly this representative represents, and whether his power of attorney has expired.
• Documents confirming the legal capacity of the legal entity specified in the power of attorney. This may be the charter of this organization or society, a certificate of state registration, tax documents confirming the official status. It is important that the originals are provided!
• Details of this legal entity (address, telephone numbers, bank account).

It is important that all listed documents bear the signature of the manager and the wet seal of the organization.

The tenant can also be a person engaged in entrepreneurial activity.

In addition to his passport, they check:

• Documents confirming legal capacity - a certificate of state registration and a certificate of tax registration.
• Extract from the Unified Information and Settlement Center.
• Details (bank account, registration number, seal and signature).

As a rule, if a person has once dealt with rental issues, he will be able to cope with document verification on his own. For beginners in this business, it is better to use the services of a real estate specialist. Although the services of an intermediary will have to be paid additionally, this will help to avoid fatal mistakes and problems.

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When you decide to rent out an apartment or rent a home, you should carefully study all the intricacies of the procedure so that later there are no problems with the legal component of the transaction.

In this article, we will describe in detail what documents each participant in a rental agreement must provide, the procedure for registering the concluded agreement, and the dangers associated with fraud.

○ Renting an apartment and renting an apartment.

Renting and renting an apartment are two different concepts governed by separate codes.

• "1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
• 2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens (Article 671 of the Civil Code of the Russian Federation, hereinafter referred to as the Civil Code of the Russian Federation).”

Thus, the main difference between the two types of agreement is the status of the recipient of the service. A rental agreement can be concluded with an individual. In this case, the parties to the agreement are the landlord (the owner of the residential premises or his authorized representative) and the tenant.

Residential premises may be provided under a lease agreement if one of the parties to the transaction is a legal entity. The parties to the agreement are the landlord (providing housing) and the tenant (renting it).

○ What documents are needed from the lessor:

The lessor can be either an individual or a legal entity. In each case, the package of documents that must be provided to conclude a transaction is different.

✔ If the lessor is an individual.

When residential premises are rented out by a citizen, he must provide:

• Passport.
• A document certifying the right to own the living space (certificate of ownership, purchase and sale agreement or certificate of inheritance).
• Certificate of absence of arrears in payment of utility services (for this you need to take an extract from Rosreestr).
• Cadastral passport (taken from the Cadastral Chamber or Rosreestr).
• Written consent, certified by a notary, from all owners of the residential premises, if there is more than one.
• Written consent, notarized from the guardian, if the lessor is a minor or declared incompetent.
• A certified power of attorney if the contract is not concluded by the owner of the property.

When concluding an agreement, the lessor is required to:

• Acceptance and delivery certificate - this document will be the basis for the absence of legal disputes after the end of the agreement. It consists of recording the actual state of the transaction object, drawn up in two copies, signed by each participant in the transaction.
• The property inventory is an appendix to the act and contains a description of the exact number of things leased along with the premises (also signed by both parties to the transaction).
• Receipt for receipt of funds for renting premises (drawn up in free form, signed by each party).

✔ If the landlord is an individual entrepreneur.

In this case, the person renting the living space must provide:

• Passport.
• A document certifying the right to rent out real estate (certificate of ownership, primary lease agreement or purchase and sale agreement).
• Certificate of state registration individual as an individual entrepreneur (notarized copy).
• Certificate of registration with the Federal Tax Service (notarized copy).
• Extract from the Unified State Register of Individual Entrepreneurs (original document, date of issue no earlier than 7 days before the conclusion of the transaction).
• Bank account details (in the form of a document certified by the seal and signature of the individual entrepreneur).
• Order on the appointment of a person responsible for fire and electrical safety (a copy certified by the seal and signature of the individual entrepreneur indicating the contacts of the person responsible).

Also, when concluding a transaction, you should prepare:

• Certificate of acceptance and transfer of real estate (document in two copies, signed by the parties and with the seal of the individual entrepreneur).
• Inventory of property - a detailed listing of all items located on the living space that are transferred for temporary use with a mandatory indication of their quantity (2 copies, signatures of the parties and the seal of the individual entrepreneur).
• Receipt – serving as evidence of the individual entrepreneur’s receipt of financial resources for rent in the specified amount (drawn up in a free form and signed by the parties).

✔ If the lessor is LLC.

When living space is leased by a legal entity, regardless of the legal form, the lessor must prepare:

• Document of title for the property being rented out (primary lease/rental agreement, certificate of ownership).
• Certificate of absence of arrears in payment of utility services (for this you need to take an extract from Rosreestr or the Criminal Code).
• Certificate of state registration of a legal entity (notarized copy).
• Certificate of entering information about a registered legal entity into the Unified State Register of Legal Entities (a copy certified by a notary).
• Certificate of registration with the Federal Tax Service (copy certified by a notary).
• OKPO, OKATO, OKONH and other codes and classifications assigned to a legal entity (a copy certified by the seal of the LLC and the signature of its director).
• The current version of the Charter (a copy certified by a notary or the Federal Tax Service).
• Foundation agreement (if the number of founders is more than one) with all amendments and additions (if any), (copy certified by a notary or the Federal Tax Service).
• Certificate of registration of all changes in the LLC (extract from the Unified State Register of Legal Entities) (copy certified by a notary).
• Minutes of the general meeting (if there is only one founder, then the decision) on the appointment of the head of the LLC (a copy certified by the seal of the LLC and the signature of the director).
• Certificate of entry of information about the manager into the Unified State Register of Legal Entities (notarized copy).
• Order on the head's assumption of office (a copy certified by the seal of the public organization and the signature of the head).
• Extract from the Unified State Register of Legal Entities (original document, date of issue should not exceed 7 days before the conclusion of the transaction).
• Bank details (in the form of a document certified by the seal of the LLC and the signature of the manager).
• License for the right to carry out activities, if necessary, a copy certified by a notary.
• Power of attorney, if a transaction is concluded by a person not authorized for such actions by the organization’s Charter (the original document is certified by the head), the power of attorney must provide the right not only to conclude a lease agreement, but also an act of acceptance and delivery of housing.
• Passport of the head of the LLC indicating his contact phone number.
• Order on the appointment of the person responsible for electrical equipment and fire safety (copies certified by the seal of the LLC and the signature of the manager) indicating the contacts of the appointed person.

When concluding a transaction, you must also prepare:

• Acceptance certificate for premises (drawn up in 2 copies, signed by the tenant and the head of the LLC).
• Inventory of property transferred for temporary use (2 copies, signatures of the tenant and the head of the LLC).

○ What documents are required from the tenant?

To conclude a transaction, the tenant must provide only a document establishing his identity - a citizen’s passport. If we are talking about foreign citizen– a valid passport is required, which contains all the notes on arrival in the country or a residence permit. Sailors and military personnel must provide a sailor's passport or military ID, respectively.

○ Documents for a sublease agreement.

A sublease agreement involves the rental of living space by the tenant.

• “Under a residential sublease agreement, the tenant, with the consent of the landlord, transfers for a period of time part or all of the premises he has rented for the use of the subtenant. The subtenant does not acquire independent rights to use the residential premises. The tenant remains responsible to the landlord under the residential lease agreement (Clause 1 of Article 685 of the Civil Code of the Russian Federation).”

When concluding a sublease agreement, it is imperative that the housing area complies with the legislation (clause 2 of Article 685 of the Civil Code of the Russian Federation) and is at least 12 sq.m. per resident.

To conclude this agreement, it is necessary to obtain the written consent of the owner of the premises and all persons registered on it. The document must be notarized. When concluding an agreement, the landlord also presents an identification document (passport for individuals and registration certificate for legal entities). On the part of the employer - a valid passport.

It is also necessary to draw up an acceptance certificate for the premises and an inventory of things in 2 copies.