What you need to rent housing. The procedure for officially registering the rental of an apartment - taxation, contract and important points. How much money to pay

The procedure for drawing up a lease agreement is as follows:

The process can take place either in the presence of an intermediary, for example, a real estate agent, or without it. Move-in takes place within the specified period after all documents have been correctly filled out and verified.

What papers are needed to rent out a home?

Certificate of ownership.
Proof of sale, gift or inheritance.
Certificate on the list of persons registered in the premises (taken from the housing maintenance office).
, notarized.
Passport.

Attention! If at least one of the above documents is not available, the tenant may face problems.

Possible problems

One of the registered tenants may come with the police and evict the tenant.
If there is no passport at the signing of the contract, then there is a danger that an unauthorized person who has the keys to the property will impersonate the owner.

The tenant provides identification - his own and other persons who will live in the apartment.

What needs to be signed?

. Mandatory items: deadline, address of residential premises, amount of payment per month. If the contract is concluded for a period of 1 year or more, its registration with Rosreestr is mandatory.
(read more about the property inventory act). The form includes a list of all pieces of furniture and household appliances and notes on their condition.
residential premises (how to correctly draw up an apartment rental acceptance certificate, read).
, if payment is made in cash, if the money goes to a bank account, then a receipt is not needed.

A receipt is an important argument in possible disputes, confirming the transfer of payment for residential premises.

To conclude a lease agreement, no one has the right to demand copies of documents.

A property inventory protects the tenant from theft and damage to property, because the deposit cannot include the cost of all items. Legal rental of an apartment with correct design Having all the documents means not only receiving additional income, but also protection from possible problems.

In our modern, dynamic world, renting residential premises has long become a common practice. Any procedure of this kind requires proper documentation and execution. The material in this article will help you understand the main features of an apartment rental agreement and the list of documents required for this procedure.

First, you need to understand the conceptual side of the issue. According to the Civil Code of the Russian Federation, an apartment rental agreement is concluded if the tenant is a legal entity (Chapter 34 of the Civil Code of the Russian Federation). If an apartment is rented out for use to an individual for a fee, then in this case an agreement on the rental of residential premises must be concluded (Chapter 35 of the Civil Code of the Russian Federation). As we can see, in these situations, an agreement is concluded with different entities, which is regulated by separate chapters of legislation. Therefore, it is necessary to clearly distinguish between these two terms and, if necessary, draw up the required type of contract.

To conclude a lease or lease agreement, the landlord/tenant, for his part, must provide the following list of documents:

passport or other document capable of verifying the identity of the tenant/landlord;
documents that prove the ownership rights of the landlord/tenant to this living space (this category includes a certificate of ownership of residential premises, of inheritance, of privatization, a legally certified contract of sale and purchase, of the division of inherited property, of lifelong maintenance, deed of gift, judicial decision on recognition of property rights, settlement agreement, etc.);
extract from the Unified State Register;
registration certificate of the residential premises;
a document confirming that there is no debt to pay for utilities;
if for any reason the agreement is not concluded by the owner of the apartment, it is necessary to have a notarized document - a power of attorney, in which, among the powers of the authorized person, the right to sign such documents is recorded;
if there are several owners, it is necessary to have a notarized consent of all owners of the residential premises or their authorized representatives;
if the owner of the property is a subject whose age has not reached 18 years (the age of majority), it is mandatory to have special permitting documents from the relevant trusteeship and guardianship authorities.

List of additional documentation for a sublease agreement

In addition to the actual rental, there is such a form of renting out an apartment as subletting. In this case, the tenant has the right to transfer housing for use to third parties. That is, the employer acts as a lessor. If an agreement on sublease of living space is concluded, the following additional documents are required:

documents confirming the right of the employer to enter into a sublease agreement (as a rule, this is stated in the main tenancy agreement);
original and duplicate of the employment agreement;
consent in writing from persons living in the apartment according to the rental agreement (if any).

List of documents from the tenant/tenant

List for organizations and individual entrepreneurs necessary documents is different.

List of required documents for organizations created in the form of a joint stock company or limited liability company:

a notarized document (power of attorney) confirming the right of an authorized legal entity to enter into such agreements on behalf of this legal entity;
passport of an authorized legal entity;
original or notarized copy of documents that confirm the legal capacity of the legal entity (charter of the organization, the current version of the charter, decision on the appointment/election of a manager, as well as the following certificates: on state registration of the legal entity, on making an appropriate entry in the Unified State Register of Legal Entities, on registration for tax reporting);
necessary financial details of a legal entity;

All copies of title documents must contain the tenant's seal and the signature of his manager.

List of required documentation for an individual entrepreneur:

document confirming the identity of the tenant (passport);
notarized copies of certificates that confirm the legal capacity of the tenant (on state registration of an individual as an individual entrepreneur, issued by the registration authority of the Federal Tax Service of the Russian Federation; on his registration with tax authorities);
extract from the Unified State Register of Individual Entrepreneurs;
bank details with a stamp (if available) and signature of the individual entrepreneur.

The advantages of renting out an apartment to legal entities include:

as a rule, higher payment reliability;
the location of the legal entity is obviously established and known;
Collection of hypothetical debt and/or damage caused to the apartment is easier.

List of necessary documentation for renting housing by an individual:

passport or other document capable of verifying the identity of the employer (both a copy and the original);
a photocopy of the passport(s) or birth certificates of all citizens who intend to live in the rented apartment;
employer contact information.

Registration of an apartment rental agreement

The Civil Code of the Russian Federation establishes that the lease/lease agreement for an apartment must be concluded in writing. Very often (this mainly concerns hiring) landlords make a big mistake by renting out an apartment only by verbal agreement. This approach makes the renter extremely vulnerable because... in this case, it will be very problematic to collect the debt from the unscrupulous tenant or force compensation for damage.

Mandatory clauses of the lease agreement:

a description of the residential premises that are for rent (if only one room is rented, then a plan for its location in the apartment must be attached);
actual address of the residential premises;
rental period of the dwelling (if the terms are not specified, then the lease is considered indefinite, and the lease is considered to be concluded for a maximum period of five years);
the amount of monthly rental payments, an indication of the timing of a possible revision of the amount paid;
information about the owner(s) of the apartment;
conditions for termination/early termination of the agreement;
indication of the terms of delivery of the apartment after termination of the contract;
fixation of the rights and obligations of the subjects of the transaction;
procedure and terms of payment for housing and communal services;
listing of persons intending to live in the rented apartment;
inventory of property transferred for use to the tenant/tenant;
indication of passport data and details of both parties.

The tenant/tenant has the right of first refusal to re-sign the agreement for the next term if he strictly complies with the terms of the agreement, accepts the clauses of the proposed transaction and if he knowingly, before the end of the current agreement, notified the lessor of his intentions

According to the norms of the existing legislation of the agreement on apartment rental are subject to mandatory state registration if they were concluded for a period of one year or more. The transaction acquires the status of being concluded from the date of state registration.

State registration is not provided for a rental agreement.

Documents to be submitted for registration of an apartment lease agreement:

passports and copies;
original and copy of the cadastral and technical passport of the apartment, certified by the authority that issued this documentation;
order of the executive authorities regarding the transfer of an apartment for rent to a legal entity.

Registration documents for legal entities:

constituent documentation;
documents confirming the entry of information of legal entities into the Unified State Register of Legal Entities;
documents and copies indicating that a legal entity is registered as a taxpayer, indicating its TIN (i.e. taxpayer identification number).

The state fee for registering a lease agreement is charged from legal entities in the amount of 15 thousand rubles. After submitting all the necessary documentation, registration is completed within about a month.

Concluding a rental agreement for housing and registering it is a serious procedure that must be approached carefully and responsibly. In order not to run into “blank spots” in this matter and to avoid unnecessary misunderstandings, and possibly conflict, between the parties to the agreement, it would be quite appropriate to seek advice from qualified specialists (a lawyer or a realtor). They will be able to help you get around the “sharp corners” and draw up a competent agreement.

Distinctive features of an apartment lease agreement:

concluded with legal entities;
the tenant can use the apartment exclusively as residential premises;
the maximum term of imprisonment is unlimited;
the lease, at the initiative of the lessor, can be terminated prematurely out of court on the grounds provided for in the contract.

Distinctive features of a tenancy agreement:

is concluded with individuals;
does not require state registration;
maximum term of imprisonment - 5 years;
tenancy at the initiative of the lessor can be prematurely terminated only in accordance with judicial procedure on limited grounds;

Video

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 enough a rare event, 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’s office and find out whether this citizen has received a power of attorney.

Proper execution of a power of attorney for the sale of an apartment will play a significant role in the success of the transaction. For all 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, stamp 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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06.02.19 61 176 29

And don’t give money to scammers

For three years I helped people rent apartments and now I know several thousand rental stories.

Maria Yakovleva

protects people from scammers

It happened that my clients found an apartment, agreed to move, but instead lost money and were left homeless. I’ll tell you about the six most common schemes to defraud employers and explain which documents to check and what to pay attention to.

Fraud Option

Fake apartments from news agencies

There are agencies in the real estate market that sell only information, which is why they are called information agencies. They provide false information about apartments, take a commission from the client and do not guarantee occupancy.

Advertisements from such agencies often come across people who have just arrived in a foreign city and want to quickly rent an apartment. I noticed that even the offices of such agencies are often located near train stations and popular hostels.

To do this, the potential employer is invited to a decent office, most often in the city center. Managers are well trained and come across as professionals. The future employer is provided with licenses and documents and shown many fake awards, diplomas and certificates.

After meeting, they offer to sign an agreement and pay a commission. Under this agreement, the agency provides the addresses of the apartments for rent and the telephone numbers of their owners. The manager shows photographs of attractive options - luxury apartments at a reduced price.

Then the manager gives out information, offers to call the fake owner and go to view the apartment without an agent. There are several options for further developments. The owner says that the apartment is rented, or does not answer the phone, the phone number turns out to be inactive, or it turns out that the apartment at that address is not for rent or does not exist.

If you return to the agency, the manager will present an information contract. There is no clause in it that the information must be up-to-date, and the agency undertakes to find an apartment. The client was provided with information, but the agency is not responsible for its quality. It may happen that there will no longer be an office, because news agencies in most cases are fly-by-night companies.

How to protect yourself. If you realize that an ad on the site was posted by a news agency, do not call them, but complain to the support service. Specialists from large websites know how to recognize news agencies. They will additionally check the user and all his ads and block if they find violations.

If you call and understand that you are dealing with an agency, do not come to the office. You’ll waste your time, but you won’t rent an apartment. If you only recognize a news agency on the spot, run away from there. And don't forget about the basic rules:

Read the contract carefully and do not pay money at the office. In good agencies, they will first show you the apartment, offer to check the documents, sign a rental agreement, a transfer and acceptance certificate, and only then ask you to make an advance payment.
Expensive apartments and quality services cannot be cheap. News agencies lure people precisely because their services are cheap: they set prices 2-3 times lower than honest agents.

For example, in St. Petersburg the most popular type of apartment is one-room apartments with average quality renovations near the metro for about 20 thousand rubles. If you find an agent with a 50% commission, pay 10 thousand rubles for the search. News agencies charge less for their services - usually 10-20% of rent per month, that is, 2-4 thousand rubles.

Fraud Option

Black realtors and other people's apartments

A person has the right to rent out only his own apartment and confirms this with a certificate of registration of rights or an extract from the Unified State Register of Real Estate (USRN) and a title document, such as a purchase and sale agreement. To rent out someone else's apartment, even a close relative, you need a notarized power of attorney.

Fraudsters play on people's trust. They rent an apartment, falsify documents and rent it out to several people. This scheme was widespread in the 90s due to black realtors, but is now less common.

Deception scheme. First, the scammer rents an apartment and prepares for future deception. He chooses owners who rarely appear in the apartment: they work a lot, travel or live abroad. Then the “landlord” falsifies all the documents that the tenants check - a passport, a certificate of registration of the right to an apartment and a title document - and offers the apartment at a reduced price. This way there is a greater chance of quickly finding willing people.

The scammer takes calls and schedules viewings for different time so that employers do not interfere with each other. He shows everyone fake documents, talks about the advantages of the apartment and behaves like a real, conscientious owner. Finally, he signs several rental agreements, takes rent from each employer and disappears.

The tenant comes to “his” apartment and sees a crowd of other people. Everyone has a fake rental agreement, and everyone is sure that it was he who rented the apartment. After disputes and clarifications, everyone understands that they have run into a scammer. Perhaps all the tenants will meet at the door, because the scammer will have time to change the locks so that no one gets into the apartment. In any case, they do not have rights to the apartment, since the rental agreement was concluded with a person who does not own the apartment.

How to protect yourself. Check documents slowly and thoughtfully. If the landlord is rushing you, don’t give in: ask questions, read the rental agreement. The scammer is in a stressful situation, so he will rush. It is important for him that the potential employer does not notice the counterfeits and quickly gives the money: he has several more similar victims in line.

From the documents, check the certificate of registration of title, if the apartment was purchased before July 15, 2016, or an extract from the Unified State Register of Real Estate, if after this date. You should also look at the title documents - most often this is a purchase and sale agreement or an agreement for shared participation in construction for new buildings - and the passports of all owners.

How to distinguish sublease from fraud

Subletting is a normal, legal practice in the real estate world. The tenant rents an apartment from the landlord with the right to sublease. After which he rents it out to other people and enters into contracts with them. This scheme is more common in the market daily rental, less - for long-term.

You can distinguish sublease from fraud by checking documents. Look at your passport, title documents and registration certificate or extract from the Unified State Register of Real Estate. This way you will understand who the owner of the apartment is.

If this is a sublease, the contract will definitely have a clause stating that the owner is not against subletting his apartment. It may look like this: “The Landlord does not object to the Tenant subletting residential premises at the address: Moscow, st. Obraztsova, 8a, apt. 80, from January 1, 2019 to January 8, 2019.”

The owner’s consent is also formalized in the form of an appendix, agreement, letter or any other written document and supplements the contract.

Fraud Option

Renting without the consent of the apartment owner

If an apartment is owned by several owners, each of them must give their consent to renting out the apartment. Their passport details and consent are indicated in the rental agreement.

One owner cannot decide for the others and rent out the entire apartment. This is illegal. Therefore, if this happened, then it is either inattention or a pre-conceived fraudulent scheme.

Deception scheme. An apartment belongs, for example, to two owners in equal shares. The contract is concluded by one of them - he enters his passport data and signs. That is, the tenant receives his consent to rent an apartment. Since there are two owners, by law both must give consent, even if one of them decided to rent out only his share.

When the second owner finds out that the apartment was rented out without his consent, he can go to the police and court and challenge the deal. The rental agreement will be declared invalid, and the tenant will have to look for another apartment.

How to protect yourself. Check title documents: certificate of registration of rights or extract from the Unified State Register of Real Estate. If you see several owners in the certificate or extract, include them all in the rental agreement. Each owner must be present when the contract is signed. Check everyone’s passport, enter the data in the contract and be sure to make sure that everyone signs the contract.

If not all owners can be present at the signing of the agreement, one of them - the one with whom you are entering into an agreement - must confirm in writing that the remaining owners are not against the transaction. This is done in the form of a clause in the contract or an appendix.

Such consent does not ensure complete security. There have been cases when it turned out that the other owner was categorically against renting out the apartment, and, despite the guarantees, the contract was declared invalid. That's why the best option- a rental agreement with all owners or a notarized power of attorney from absent owners for the right to sign the agreement.

Is it possible to agree verbally if you rent an apartment from friends?

No, renting an apartment must be stated in the contract. If you are actually renting an apartment and paying money for it, and not just staying for a while, sign an agreement.

Relations between relatives can deteriorate, and without the protection of a contract, you risk being left without money and housing.

Fraud Option

Changing locks by owner

The employer has the rights to rented apartment, only when he and the landlord signed the rental agreement and the acceptance certificate. If they agreed verbally and the owner promised to rent out the apartment, and the tenant gave him money for it, the rights to the apartment still remain with the owner. He can do whatever he wants in it, for example, change the locks on the front door.

The lock replacement scam scheme is aimed mainly at gullible people who do not understand the importance of contracts, receipts and other papers. In the world of real estate, only written agreements work.

Deception scheme. Most often, a rental agreement is not concluded: the landlord simply hands over the keys and takes either the entire monthly rental amount or a deposit. Doesn't give any receipts. Then he asks not to come into the apartment for a couple of days under the pretext that he needs to finish minor repairs or pick up things.

When the tenant arrives at the apartment, the key does not fit the lock. The owner needed these few days to change the locks. The deceived tenant will not be able to somehow confirm the fact of the agreement with the owner, because there is no rental agreement and no receipt for the deposit.

How to protect yourself. Always enter into a rental agreement, draw up a transfer and acceptance certificate and record the transfer of money. If you pay a deposit, ask the owner for a receipt, at least handwritten on a plain piece of paper.

But it will be better if you print out the form in advance and fill it out with the owner.

When you transfer the deposit for an apartment to the owner, write this down in the annex to the mutual settlement agreement. If the owner comes to you every month for money, make a new entry in both copies of the contract. If you do not see the owner and transfer money to him on the card, keep the receipts.

Fraud Option

Generosity Promotions

This scheme was invented for solvent people who count their money and want to save money. If the tenant agrees to rent an apartment at the stated price - or, conversely, does not agree - he is offered a discount, but is asked to pay several months in advance.

Deception scheme. Fraudsters put pressure on greed: they argue that the apartment will cost much less. For example, housing costs 25,000 rubles per month, but if you pay 120,000 rubles in advance six months in advance, it will cost 20,000 rubles per month. This is a significant saving, which is why many employers agree. Perhaps this is an honest offer from the owner and there will be no deception. But it happens that the landlord kicks the tenant out of the apartment ahead of schedule or suddenly replaces the locks, and keeps the money for himself.

How to protect yourself. It is better to pay only one month's rent in advance. The owner can kick out, change the locks or sell the apartment, and the tenant can change his mind and move to another property. In such cases, it will be difficult to collect money from the owner.

Fraud Option

Assignment of prepayment

In the real estate market, advance payment is made as an advance payment, deposit or security deposit. But prepayment is also one of the most common fraud schemes. She is being pulled out of her employers. different ways, and when they receive it, they stop communicating.

Differences between advance, deposit and pledge

A deposit is the most stringent type of security payments. If the tenant gave a deposit and then changed his mind about signing the rental agreement, the deposit remains with the apartment owner. If the owner refuses the deal, he returns the deposit in double amount.

A deposit, or security deposit, is an amount that the tenant gives to the landlord in case of violations. If the tenant violates the contract or causes damage to the apartment, the security payment goes towards repaying the damage.

An advance is a payment that will be counted towards subsequent payments for the apartment if everything goes according to plan. If something went wrong and the contract could not be signed, the landlord is obliged to return the advance.

Deception scheme. The tenant calls about an advertisement for renting an apartment. They tell him that the apartment is available and come up with a reason why he needs to transfer the advance payment. The reasons may be different. The three most common:

High demand. To prevent the apartment from being taken away, they ask you to send an advance payment to the card of the owner or realtor, and then come and sign an agreement.
The owner has a long way to go. Therefore, the client is asked to confirm his intention to rent an apartment and transfer the prepayment to the card.
Mandatory prepayment before concluding a contract. This is the owner’s condition, otherwise he will not rent out the apartment. More often they ask not for the full amount, but for an advance, 2-5 thousand rubles.

How to protect yourself. Do not transfer the advance payment. Pay money only after you look at the apartment and sign the rental agreement and the acceptance certificate. Remember that gorgeous photos of the apartment and low price- this is not a gift of fate, but a reason to check the apartment, the owner and the contract several times.

Greetings from a Peruvian

This is an original version of the prepayment scam, which began in the car market and is now found in the rental and sale of residential real estate.

Essentially, the same beautiful apartment at a reduced price and an advance payment requirement. You only communicate with the owner by mail, since he is located in another country.

They write something like this to you:

Good afternoon

I will explain the reason for my sale of the apartment at a reduced price.

I lived in Russia for a long time, but since my children live in Peru, I decided to move. I do business here, but I still have an apartment in Moscow and I want to rent it out.

To conclude an agreement, I must fly to Moscow. But I am only ready to go to a real client who is serious. Therefore, transfer me a deposit of 10,000 rubles through the Money Gram fast money transfer system or the Contact system to confirm your intentions.

Send me a receipt for payment, but cover the control number. Without it, I will not be able to receive the transfer, you can check this with the bank. This way you will be confident in my honesty and tell me the number only after concluding the contract.

I do not intend to change the terms of renting my apartment and its price. Because of these conditions, I rent the apartment at a low price. If you don't agree, don't waste my time.

Fraudsters can be from any country, but more often from Cameroon and Peru, so the message will be misspelled and a little clumsy.

The bank will confirm that it is impossible to receive money without a control number. Then you will go, for example, to Western Union and send the transfer. Take a photo of the receipt, close the code and send it to the scammer.

He will accuse you of drawing the receipt in a graphics editor and will send you a link to a fake money transfer system website. There you must enter all the data about the transfer, including the control number. A final window will appear, a screenshot of which the scammer will require. After that, he will receive the money and stop communicating.

Do not respond to such a message, but rather take a screenshot and send it to the support service of the site where you found the ad.

What documents to check before renting

You need to check three documents: a passport, a certificate of registration of rights and/or an extract from the Unified State Register of Real Estate and a title document - most often a purchase and sale agreement.

Passport of a citizen of the Russian Federation. It is necessary to verify the identity of the renters. To do this, check your passports. There is no need to check your military ID, driver's license and foreign passport, because their data is not included in other documents.

The passport data must be exactly the same as in all other documents. That is, the full name, series, number and all other data must match exactly. This will confirm that the person in the documents is the same person as in the passport and in front of you. Passport verification is the first and most important step.

Before renting an apartment, check whether the seller has a real passport. Here's what I recommend you pay attention to:

No corrections, stickers, crooked fonts.
There are all watermarks and imprints, fonts, as in your passport.
The passport series matches the place of issue. The first two digits of the series are the area code. For example, if a passport was issued in St. Petersburg, the first two digits are 40, if in Moscow - 45. If the series starts with 40, and the passport was issued in Lipetsk, it is a fake. A list of city codes can be found on the “Your Passport” website.
The condition of the passport corresponds to the date of issue. If the passport looks new, but was received three years ago, this should alert you.

Also check whether the owner's name and surname have changed. If yes, ask the seller for a certificate from the registry office of marriage or divorce or change of name.

Title documents show who owns the apartment or part of it and on what basis and who can rent it out.

The type of title document depends on how the apartment came to be owned by the owner. If privatized, the title document will be an agreement on the transfer of ownership of the apartment. If you bought it - a purchase and sale agreement, and if you received it as an inheritance - a certificate of the right to inheritance by law or by will.

If the apartment is in a new building, the title document may be an agreement on shared participation in construction. Together with him, it is necessary to check the apartment acceptance certificate if the house has already been rented out.

Certificate of state registration of property rights confirms ownership of the apartment or part thereof. There will be no certificate in two cases:

If the owner registered ownership of the apartment from 1991 to 1996. In this case, it is necessary to check whether a mark on the state registration of the right is made on the title document, for example, on the purchase and sale agreement.
If ownership is registered after July 15, 2016. From this date, the certificate of registration of rights was canceled and replaced with an extract from the Unified State Register of Real Estate.

To check the certificate of ownership, check the supporting documents that are indicated in it with the real documents. The type, number and series must match. Also check the address, floor and area of the apartment.

Replaces the certificate of registration of ownership. It is needed to confirm ownership and a list of title documents, as well as check the presence of other owners. Check the data from the extract - address, supporting documents - with the title documents. Everything must match.

What else to pay attention to

Owner behavior. If he is in a hurry, nervous, threatening to rent out the apartment to others if you don’t make a decision right now, be wary. Assess his adequacy visually: look at him first of all as a person. You need to see him every month, resolve issues, perhaps ask for help, so rent an apartment from a person who is at least not disgusting to you.

Apartment rental price. There are no perfect options at a low price. A renovated and furnished apartment five minutes from the metro cannot cost a penny. There's always a reason for the price and it's probably a scam.

Documentation. Forgery of documents is an expensive procedure. Therefore, scammers often use an economical option: they forge documents themselves or lie about why they are not there. Do not rent an apartment until you see the original documents.

How much money to pay

Rental amount pay only for one month. If the owner offers to pay six months in advance, refuse.

Pledge- this is an amount that reassures the owner in case of damage to his property. For example, if a tenant breaks a window and decides to move out, the owner will take part of the money from the deposit, fix the window, and return the rest. A full refund of the deposit can be demanded from the owner only if the tenant returns the apartment in the same condition as he rented it.

The amount of the deposit is determined by the owner. There are three most common collateral schemes:

deposit equal to 100% of the apartment's rental price for the month, in one payment;
a deposit equal to 100% of the rental price of the apartment for a month, in two payments, that is, divided into two months;
double deposit equal to 200% of the apartment's rental price for the month, in one payment - mainly for business and elite class properties.

That is, when concluding a contract, you pay either the entire amount of the deposit or part of it as agreed with the owner.

Remember if you are going to rent a house

If you are asked to come to the office and sign an agreement before showing the apartment, do not agree.
Check the documents before signing the contract. Look at the owners’ passports, a certificate of registration of title or an extract from the Unified State Register of Real Estate and a title document, such as a purchase and sale agreement.
Always enter into a rental agreement and sign the acceptance certificate for the apartment.
Pay only one month's rent in advance.
Pay money only when you see the apartment and the owner in person, check the documents, sign the rental agreement and the acceptance certificate. And don’t forget to indicate monthly payments on the settlement form.

We worked on the material

Author - Maria Yakovleva, editor - Elena Evstratova, production editor - Marina Safonova, photo editor - Maxim Koposov, information designer - Zhenya Sofronov, illustrator - Anton Kalashnikov, responsible - Anna Lesnykh, proofreader - Alexander Salita, layout designer - Evgenia Izotova

If you own an unused apartment or room, then you can use it to provide yourself with passive income. Many tenants rent out their properties informally to evade taxes. However, this method has many disadvantages. It is much better and safer to rent out real estate in accordance with the current legislation of our country.

The main advantages of legal rental housing are as follows.

Concluded agreement. Its presence allows you to protect yourself from many problems and unexpected cash expenses. Everyone understands that there are different tenants. Of course, most of them are honest and accurate, but there are also irresponsible and even scammers. It is the last category that can bring many problems. The existing agreement will allow us to avoid this.
No additional costs. The contract specifies a clause on the procedure for paying payments for housing and communal services, the Internet, etc. In this case, you guarantee yourself the absence of accumulated debts.
The impossibility of a scam. When officially renting out an apartment, the number of residents is specified in the agreement. This ensures that no other persons will live in your apartment.
Compliance with laws. According to the legislation of our state, the landlord is obliged to pay tax on the profit received for renting out the apartment. Official rental of living space will allow you to avoid liability for violating these laws.

Classification of lease agreements

Real estate rental agreements are divided into two main types: rental agreement or rental agreement. The first type is used exclusively for renting an apartment by individuals for living. The second is when real estate is provided for temporary use to legal entities.
In the Civil Code Russian Federation All conditions and requirements for concluding the agreements described above are clearly stated. detailed information The lease agreement is described in Chapter 35, and the lease agreement is described in Chapter 34.

To conclude an apartment rental agreement, you need the consent of all owners (if there are several of them). The agreement can be signed by everyone at once, or by one of the owners with a power of attorney from the others. Be sure to check the landlord

Unique features of each type

As already mentioned, a lease agreement can only be concluded with individuals. Its main features are as follows:

can be concluded exclusively when renting out residential premises for temporary use;
there is no limit on the maximum and minimum validity period;
the lessor has the right to terminate it without going to court.

A rental agreement can be concluded with legal entities and individual entrepreneurs. Its unique features look like this:

the process of its conclusion does not have to be registered at the state level;
the maximum duration of the rental agreement cannot exceed five years;
premature termination by the lessor is possible only through going to court.

What clauses must be present in the contract?

Both types of agreements described above have full legal force. Therefore, like any other document, they must necessarily contain certain provisions.

The monthly cost of renting the premises.
Deadlines for making payments, down to the day.
Permissions for the use of property located in the apartment.
Information on the procedure for paying expenses for housing and communal services, etc. Information about who will pay the mentioned expenses must be provided.
The exact time and day of each month on which the general condition of the apartment will be checked.
Basic information about the owner of the living space and the fact of its privatization.
Number of future residents.
Return algorithm Money in case of non-payment of the monthly payment, early termination, etc.
Additional parameters that do not contradict the legislation of our state (deposit, repairs at the expense of rent, etc.).

In addition to concluding an agreement for the rental of real estate for temporary use, the lessor is also required to draw up an act of acceptance and transfer of personal property. It must include an inventory of furniture, equipment, etc. in the apartment.

If a tenant rents housing through a private realtor or agency, he must be prepared to pay a commission of 100% of the rental price, less often - 50%. When renting an apartment, registration is required.

Documents required for concluding a lease agreement

Representatives of both parties must provide documents to rent out the apartment. The first (lessor) must have with him:

a document confirming ownership of the property;
an extract from the personal account received from the housing office, which must contain information about all registered persons in the apartment;
if the living space is in common ownership, it is necessary to provide notarized consent of other owners to rent out the property;
in situations where the contract is concluded not with the owner, but with his representative, an additional document will be required confirming these powers.

In turn, the apartment tenant is obliged to provide:

passport;
a document informing about the place of registration;
originals and copies of identification documents of all persons who will live in the apartment.

Thus, you already know what documents to check when renting an apartment (renting out an apartment). This will allow you to protect yourself from many force majeure circumstances, criminal liability for tax evasion, fraud, etc. Concluding a rental or lease agreement is the key to a successful transaction between the owner and the tenant.

If you have questions about preparing documents for renting housing, ask our specialists