Documents for renting out an apartment. Instructions: how to properly rent out an apartment, sample rental agreement, termination, tax. Receipts for payment of utilities

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 debt for utility bills (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 of an 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're talking about about a 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.

Even at the stage of housing selection, a potential tenant should weed out all those renting without official registration.

If the owner decides to rent out the apartment and save on taxes, having deceived the state, it is likely that in the future he will decide to make money from his tenant in a similar way.

First of all, a future employer should look at citizen's passport, from whom he is going to rent housing.

It is hardly possible for a non-professional to spot a fake by eye, but the document itself must be with the owner, and not somewhere else, for example, at the embassy on a visa.

It won't fit either photocopy separate pages.

Power of attorney

A situation is possible when an apartment is rented out by an intermediary acting on behalf of the owner.

Such a document should have notary record that all information contained in it is true.

The power of attorney must indicate the specific powers of the person, including the right to lease the named property.

Also make sure that document validity period not over. Be sure to make a copy of the power of attorney.

Title papers

In addition, the owner must confirm his rights to the apartment by showing the tenant the title document.

It could be purchase and sale agreement, certificate of inheritance, as well as other document.

In any case, you will have to contact Rosreestr to make sure that the information provided is up-to-date, because today you can sell real estate in one day.

Have the registrar issue the future tenant with a certificate regarding who owns the property.

This will solve all the questions.

When renting housing located in , it is necessary to require permission from the local administration in addition to.

What is required from the tenant?

What documents must be required from the tenant to rent out an apartment? The tenant is required only passport.

There is no need to copy passport pages, because all information from these documents will be indicated in the rental agreement.

What needs to be done?

When concluding a transaction, a number of important papers must be completed.

Agreement

The basis for the apartment rental relationship is agreement. Although the form of this document is not legally established, there are still certain

The contract must necessarily indicate the period for which it is concluded, the address of the apartment, the cost of one month of accommodation, the procedure for terminating and extending the rental relationship. More detailed information You can read about the grounds and conditions for concluding such an agreement.

When is the lease agreement expiration date? exceeds 1 year, then its necessary. And the tenant should keep an eye on this, because the apartment owner’s problems with tax payments may affect his property and, accordingly, the tenant. Perfect option– availability from the owner.

Inventory of property

In addition to the contract, it must be drawn up, which will be an integral part of the agreement.

In this document, the owner of the property lists all pieces of furniture, interior decoration, household appliances and other things that transferred for use along with the premises.

The tenant must ensure that the inventory includes information regarding the current condition of these things: external damage, malfunctions, other defects.

Otherwise, the owner can then demand compensation for deficiencies not specified in the inventory. Landlord's bank account, no need to draw up a receipt.

All papers listed in this section must be executed in two copies: one for the owner of the property, the other for the tenant.

Copies won't be enough.

As you can see, renting a home is not as complicated as it might seem at first glance.

Using the information in this section, you can easily arrange rental housing on one's own, without involving third-party lawyers for a fee.

Instructions

Additional income in the form of payments for rented property is never superfluous. Many property owners tend not to enter into a lease agreement in order to avoid paying income taxes individuals. This practice may only be acceptable with a tenant who is your good friend, or at least a friend of your friends. With a stranger, such cooperation can be costly.

The lease agreement not only guarantees you timely payment and safety of the transferred property, but also is the basis for going to court if a dispute arises between the parties during the lease relationship. The agreement allows the parties to consolidate their rights and obligations, which disciplines both the owner of the apartment and its tenant. As a rule, if an apartment is rented for a long period, then during the rental relationship many disagreements may arise about who should pay for repairs in the apartment, who should bear the costs of utility bills, and who should compensate for damage caused to third parties.

You can rent or rent an apartment either independently or through a real estate agency. If the transaction is accompanied by a real estate specialist, then the owner of the apartment and the tenant must sign an already prepared lease agreement. As a rule, the participation of a realtor costs the parties to the contract at least the cost of a month's rent. In principle, you can avoid the costs of a realtor, but to do this you need to have a minimal understanding of the composition of the package of documents for a transaction related to the rental of real estate.

The lease agreement is of a paid nature, i.e. the owner of the apartment transfers the right of use, and the tenant, for a price specified in the contract, receives temporary possession and use of the property. The lease agreement is concluded in writing and is subject to mandatory state registration if the agreement term exceeds one year. If the apartment is rented by a representative under a power of attorney, then the power of attorney must be notarized and contain the powers of the attorney and the characteristics of the property being leased. Information about the attorney's right to receive rental payments is also provided.

To conclude a lease agreement, the owner of the apartment (lessor) must submit: an identification document, documents confirming ownership, title documents (on the basis of which the lessor acquired ownership) - a purchase and sale agreement, privatization documents, a certificate of inheritance, etc. etc., as well as a title document – a certificate of ownership. If the apartment is the joint property of the spouses, then in order to avoid controversial situations in the future, you can ask for the consent of the second spouse to transfer the apartment for rent (this can be done in simple written form). The tenant only needs an identification document.

Renting an apartment is a whole science, and when you first come across the search for housing, there is a high risk of falling into the hands of scammers. So, what to look for, what documents to check, and what to look out for when renting an apartment.

Study prices on the rental housing market

Have you found an advertisement offering an apartment for 25 thousand rubles in the center of Moscow with a good renovation? Forget about her, she doesn't exist. You call the number provided and they will most likely say that it has already been rented out, but you can consider another great option. This will be a more expensive apartment stated price and much worse. This is how unscrupulous realtors lure clients.

To understand which rental price is adequate and which is suspiciously cheap, you need to study the market. Analyze rental advertisements in the area you are interested in, call the indicated numbers to check the reality of the apartments, and after a few hours you will already understand that for 25-30 thousand rubles within Garden Ring You won’t be able to shoot anything decent, but in residential areas it’s possible.

Don't fall for scammers' tricks

In 95% of cases, you will still have to deal with a realtor. Even if you are looking for housing on your own, the agent will almost certainly be from the owner. There are scammers who, posing as realtors, offer to look at an apartment for money (the apartment is simply gorgeous and you will definitely want to rent it) or they offer you to buy a database of owners who rent out apartments (then you can conclude an agreement directly and do not have to pay a commission to the realtor). Of course, this is all a hoax.

Also, you should not cooperate with agents who show you fake photographs, but in reality the apartments are completely different. If he is dishonest in this matter, he can deceive in another.

Check the owner's documents

When you like an apartment and you already think that you have found the right one, be sure to ask for documents. You need to check the certificate of ownership of the apartment, passport and receipts for payment of utility bills.

- Certificate of ownership

What to look for? Firstly, the information in this document and in the passport must match. Secondly, this way you will make sure that this is really the owner of the property. Anyone can show an apartment - a realtor, a neighbor, a relative, but you only need to sign an agreement with the owner, or with a person who has a notarized power of attorney from the owner. Otherwise, the next day after you celebrate the housewarming, it will come real owner apartment and will simply kick you out. And you will lose all the money you have already paid.

Also pay attention to the number of owners. If there are several of them, then it is necessary to require written consent from all owners to rent out the apartment. The consequence will be approximately the same - for example, the ex-wife will come, say that no one asked her, and give one day to evict. This is almost certainly a conspiracy between them, because they will get all your money.

- Receipts for payment of utilities

In your receipts, look at information about debts for previous months. If it is, then demand that the debt be repaid. At some point, either the owner will want to attribute this amount to you, or, if we are talking about a large debt, utility companies will begin to threaten to turn off their services to you.

Carefully inspect the apartment

This is one more step before concluding a contract. You need to check everything in the apartment - whether the household appliances are working, whether the faucet is leaking, whether the legs of the sofa or the armrests of the chair are broken. All information about the condition of the apartment must be written down in the property acceptance certificate. Often, in a hurry, realtors or the owners themselves write the standard wording “in satisfactory condition” or “in good condition.” It is better to record everything meticulously, so that later you are not required to reimburse the cost of the initially scratched laminate.

Read the contract inside and out

It doesn’t matter whether a realtor concludes the contract or you took a standard one from the Internet, take the time to study it carefully. In the contract, you need to check the full name and passport details of the owner of the property, the address of the apartment, indicate the rental period and cost, the conditions for revising the rent, the conditions and procedure for early termination of the contract and penalties, and even the number of visits by the owner. So, if you forget about this point, the owner can easily come to you at least every day, supposedly to check. You are unlikely to stand this and decide to move out, which means that sanctions will be imposed on you for terminating the contract. Or, if you verbally say that you will live with a cat, but do not write this down in the contract, one day this could become the reason for your eviction. And do not forget about the most detailed inventory of the property in the annex to the contract - the acceptance certificate.

Assess the adequacy of the owner

Whatever one may say, in any case you will need to communicate with the owner. Let's say you transfer payment to a card, but... the tap breaks, a letter arrives in the mailbox, and the neighbors offer to chip in for the barrier. Yes, and the number of visits can be limited in the contract, but not the number of calls. Some grandmothers who rent apartments consider it their duty to worry too obsessively about the tenants. All this can be understood when meeting the owners and weighing whether you can come to terms with it.

Pay the first month, deposit, commission

You need to understand that when renting an apartment, you should immediately prepare three amounts - payment for the first month, a deposit and a commission to the realtor.

You pay a deposit to the owner, usually equal to the monthly rent payment. Some owners agree to split the payment over two months. A deposit is a kind of protection for the owner, because he can also be deceived. What if you take all the equipment and move out of the apartment or ruin all the furniture? The deposit is either returned at the end of the rental period (if nothing is damaged), or by agreement you can live last month towards this amount.

The commission goes to the realtor and you pay it. Usually, only when renting an expensive apartment does the owner pay the agent. The amount can be different - either 10% of the monthly rental cost or 100%.

Are you planning to rent your first apartment? Congratulations on your first step towards independent living! Renting an apartment is not as simple as it may seem. When concluding a contract with your landlord, there are many important details to consider so that you can enjoy life in your new home calmly and without unnecessary hassle and financial losses.

Our advice will also be useful to those who have already gotten into trouble when renting an apartment and would like to avoid troubles in the future.

Features of the lease agreement

Tenants should especially note the following points in the agreement:

term of the contract;

methods, amount and terms of payment;

conditions for payment of utility bills, electricity and telephone conversations;

an inventory of the property located in the apartment and its condition;

natural wear and tear of the interior and objects in the apartment.

When there is only one owner of a residential premises, this is quite convenient; it is he who will sign the rental agreement, and this procedure can also be performed by his authorized representative (in this case, his powers are certified by a notary). The situation becomes more complicated if there are several owners - such an apartment can be rented out only when everyone who has the right to a share of the property agrees to it, so it is simply impossible to rent out a residential premises without the consent of other owners. Ideally, the agreement should be certified by the signature of each owner or his official representative (let’s say that one of the owners is a minor child, in which case a parent will act on his behalf). But if one of them cannot be personally present at the signing of the contract, the one who is engaged in renting out the apartment can take from him a notarized power of attorney in his name. He can also present the consent of all other owners, which also needs to be notarized.

What to do if the landlord cannot present all necessary documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with the law may be declared invalid, and this will cause problems for the tenant.

And one more thing that we often forget: do not forget to think through your actions in advance, immediately decide what will be specified in the contract, and before putting your signature, be sure to read what you are signing.

Check the owner and documents for the apartment

The most important thing that inexperienced renters often forget is checking the landlord. Ask the owner to show you the passport; it is better to let it be the original and not a photocopy. Check every page; any mark not required by law will invalidate the passport.

Check the title deed. This is the main document that confirms ownership of real estate. Until 2000, a certificate of home ownership was issued, and from October 1, 2013, instead of a certificate of state registration of rights, an extract from the Unified State Register of Rights (USRE) may be issued.

Don't forget about title documents and other little things

Along with the certificate of registration of ownership and an extract from the Unified State Register, ask the seller to show the title documents for the apartment, that is, the documents by which the seller acquired ownership of the apartment.

There are several types of such documents: certificate of ownership, gift agreement, purchase and sale agreement, certificate of inheritance, certificate of privatization. If the apartment belongs to a housing construction cooperative (HBC), ask the seller for a certificate of the paid share.

Do not confuse these documents with various certificates of legal registration, on inclusion in the register of owners, issued by the BTI, local property management committees and property funds, and other local government bodies. They cannot replace a certificate of ownership and an extract from the Unified State Register.

Be sure to check all documents provided to you for corrections, including date and registration number. Stamps and signatures must be legible.

In addition to the obvious things (the duration of the contract, the amount of rent, etc.), it makes sense to indicate, for example, the time at which the landlord can visit the apartment, as well as within what period he must notify the tenant about this. In addition, it is always useful, along with the contract, to draw up an act of acceptance and transfer of property indicating the defects, so that the landlord does not make you responsible for a broken TV, fallen-off doors on an old wall, or dented TV that were damaged long before you arrived in this apartment.

Utilities and pets

If, according to the contract, you pay for utilities, be sure to create a separate folder for all checks and receipts - it may come in handy in the event of a conflict. It is highly not recommended to have a pet without the consent of the landlord; some landlords react very negatively to cats and, even more so, to dogs in their living space. In some cases, this may even be a separate clause of the contract, but, in principle, it is possible to agree quite normally in words if you approach the issue correctly.

Receipt for receipt of payment

In addition, experts recommend that when paying rent, take a receipt from the owner of the apartment for receipt of money, so that if a conflict situation arises, you can present evidence that there were no violations on your part and you were not left in debt. The receipt must indicate the period for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed not only by you, but also by the owner of the rented apartment.

Repair and damage to property

There is such a thing as natural wear and tear of an apartment. You are not amorphous creatures moving through the air. If someone lives in an apartment, inevitable processes of obsolescence, wear and tear, erasure, etc. occur. However rent– this is income with inherent risks and costs. Therefore, you need to pay for damaged property, but not for normal wear and tear, unless this is specifically stated in the contract.

Don’t be embarrassed and discuss such points separately. In most cases, you don’t have to include them in the contract. Do this at least so that later you don’t have to make major repairs or reimburse the cost of those things that were broken or broken before moving in. As we have already mentioned, it is best to draw up an acceptance certificate that describes the apartment and its condition, and specifically indicate valuable items and equipment in order to avoid any possible misunderstandings in this regard.

Third party accommodation

Sometimes it happens that the landlord has an extremely negative attitude towards the fact that other people suddenly appear in the rented living space, even if it is a friend who suddenly arrived on a business trip or a girl/boyfriend he really likes. On the other hand, it also happens that the apartment owner himself may suddenly, in the form of an ultimatum, demand that the tenant agree to tolerate some relative or friend of the apartment owner for a night or two. It is clear that not everyone will like such attacks, so just in case, this can also be written down in the contract in advance.

Landlord visits

The contract must necessarily discuss the issue of possible visits. This will help resolve issues with verification. The usual practice is this: the landlord visits the apartment once a month, coming to collect the rent, having notified the tenant in advance by telephone about his visit.

Some people view a rented apartment as a means of making money, while others are too anxious and fearful and therefore decide that they have the right to visit it at any time and control the life of the tenant. According to the law, the person hiring has every right to demand that the owner of the apartment not come without warning, and especially when there is no one in the apartment.

Let's say you would like the landlord to visit the apartment no more than once a month, and he must notify you of this by phone and no later than three days before the date of the visit. Indicate this in the contract, and if the owner of the living space unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract, and that he is obliged to fulfill it.

How to terminate a contract

Sooner or later rented apartment I'll have to move out. How to terminate a contract correctly? The simplest option is to move out of the housing upon expiration of its validity period, when the tenant is obliged to vacate the living space he occupies by the time specified in the document.

If we are talking about early termination, then options are possible. For example, if the initiator of early termination is the owner, then you can indicate in the contract that in these circumstances he must at least partially reimburse the tenant for the amount he spent on searching for housing.

If money was paid in advance, the landlord will have to return it to the tenant. If the tenant himself wishes to terminate the contract early, then the deposit, of course, will remain with the owner of the residential premises.