What do you call someone who cheats when renting out an apartment? Dangerous rental. How to rent an apartment without the risk of being deceived. After the conclusion of the contract

Fresh renovation, cleanliness, a smiling and friendly owner and, most importantly, a very attractive price - all this is by no means a reason for a tenant looking for housing to immediately move into an apartment, much less pay a deposit three months in advance. The RIA Real Estate website has collected five expert tips that will allow you to learn about the intricacies of renting and not be left with your nose, and what’s more, on the street.

Check the documents for the apartment

There are several types of fraudulent activities on the part of landlords that all those who are looking for rental housing should remember.

For example, says Maria Baskova, head of the rental department of the ABC Zhilya company, in rental relations there is such a thing as subleasing of housing - when the tenant rents out the apartment to third parties, of course, without informing the owner. According to the agency's interlocutor, in this case the fraudster rents an apartment by the day, say, for seven days. During this time, he manages to resell it to several employers at a price significantly lower than the market price, but, having received an advance payment for several months, disappears. Failed apartment tenants are left without money and without housing.

The means of “self-defense” in this case are quite banal and simple. In order not to fall for a scammer, before paying money, make sure that the apartment belongs to the owner, insists Vadim Cherdantsev, senior lawyer of the Land. Real Estate. Construction practice of the Cliff law firm. "Such information can be obtained on the basis of an extract from the Unified State Register of Rights to Real Estate. To obtain it, you need to submit a corresponding request to the territorial division of the Office of the Federal Service for State Registration, Cadastre and Cartography or (Rosreestr), pay 200 rubles of state duty and wait only 5 days. In Moscow, you can also contact a multifunctional center; any citizen can request an extract,” explains the lawyer.

When renting an apartment, the tenant also has the right to demand a passport from the owner, and, after checking the documents for the apartment, enter into a rental agreement with the owner of the apartment, which must specify the main wishes, requirements and responsibilities of the parties, adds Baskova. And, of course, you only need to give money against a receipt, she emphasizes.

How to properly draw up a rental agreement. Advice >>>

Specify the rental period in the contract

"In the spring-summer period, with the appearance of seasonal apartments on the rental market, there are owners who give out the rental of their seasonal apartment for an apartment that is rented for long term. As a result, the tenant is forced to look for housing again in a few months and move,” Baskova gives another example of a tenant being deceived.

In order to avoid such an unpleasant situation, you must immediately insist on concluding a written contract indicating the terms of employment.

By the way, Cherdantsev notes, if the term is not reflected in the rental agreement, it is considered to be concluded for five years. After the conclusion of the contract, the owner will no longer be able to simply kick out the tenant and terminate the contract. In case of any disagreement between the parties, the contract is terminated only in court, the lawyer clarifies.

Don't go to view an apartment alone

Be friendly, but keep your distance from the owner

As for the behavior of the employer, according to Baskova, there is no need to invent anything or specially adapt to the landlord, the main thing is to be calm and friendly. “Never react violently to possible changes in the price or rental terms; if you structure the conversation correctly and calmly, the result, as a rule, will be in your favor,” Baskova is convinced.

Gutsu advises the employer to treat rented apartment, as if it were your own, don’t be afraid to nail down a shelf or call a plumber again. But what exactly is not needed, in her opinion, is excessive attention, tea parties and gifts to the owner of the apartment. As in any business, in rental relations it is important to show yourself as responsible, diligent, with a good memory, but at the same time “keep your distance,” the realtor notes.

Every person who has at least once faced the need to rent an apartment, especially in big city, I probably realized how saturated the rental and rental housing market is with unscrupulous people. To put it simply, they are scammers. Every year they become more and more cunning, using new deception schemes. How to avoid becoming a victim of apartment scams?

What should you pay attention to when renting or renting an apartment? So, what techniques, cunning and not so, are most often used today to deceive a gullible tenant.

Sections of the article:

Cheapest housing

This deception scheme uses low rental prices as bait. That is, an advertisement is given that offers a “ridiculous” price, usually 50% or more below the market price.

By calling the specified number, the client finds out that this particular apartment has just been rented out, but there is another wonderful offer.

And the real market price is called, in the hope that the person will not want to look for anything else, but will take advantage of what is offered.

This is the simplest and most harmless variation that can only take up a potential client’s time. But the next one is already luring real money.

Dummy databases

This type of apartment scam can be divided into telephone and real:

Renting with fake documents

Considering the level of modern technology, producing counterfeit documents is not very difficult, and there are plenty of such “specialists” on the fraudulent market. By acting according to this scheme, you can enter into an agreement with the owner and rent out housing using forged documents through dummies.

The tenant pays a deposit, moves in, and some time later an indignant owner appears, who was allegedly away. He declares that he does not know the persons who entered into an agreement for his apartment, and puts the tenant out on the street, naturally, without returning any money.

Sublease

This scheme is similar to the previous one, but real owner apartments are not involved here. This type of deception has long been known and is very widespread. The fraudster rents an apartment, forges documents for it and his own passport, and rents it out to several people at an attractive price.

A deposit or advance payment is required from each potential tenant. Then the “owner” asks to wait a couple of days to put the apartment in order, remove his things, etc.

News agencies

This is a more modern type of fraud. Such agencies provide potential tenants with a list of apartments at prices below market prices, with addresses, telephone numbers, descriptions and photographs of housing.

When the client chooses the appropriate option, he is offered to sign a contract without preliminary review. Thinking that this is an apartment rental agreement, a gullible person signs the document without reading it and goes to the specified address.

Not finding even the house in which the apartment was supposedly for rent on this street, the indignant client returns to the agency.

They apologize to him for the “overlay” that occurred and select another option. Arriving there, the client finds out that the apartment has just been rented out or something like that.

The agency politely explains to him that, having paid several thousand rubles, he entered into an agreement only for the provision of information services (if you read the agreement, this is what it turns out to be), and these information services are provided to him. The contract has not been violated, it is almost impossible to make claims against the agency.

False agents

Sometimes scammers use the names of reputable real estate agencies to carry out their business.

Usually it happens like this: someone calls a potential client by phone, introducing himself as an employee of the company and offering favorable price for good housing, with a minimum interest rate for intermediary.

Or first an advertisement is given on behalf of the company with a similar offer and a specified telephone number.

By calling the number, the client learns that to receive this wonderful apartment option in all respects, you just need to make an advance payment to the specified account. And overly gullible citizens really pay!

When they discover that no services will be provided to them, they start calling the office of the real company. Of course, it turns out that they do not have any agent with that name, and the advertisement was not given either.

This is how notorious scammers behave, for whom deceiving potential tenants is a profitable business. But real apartment owners can also behave dishonestly. Here are some of the most popular “divorce” options.

Early eviction

A fairly common occurrence is when the owners of an apartment, having rented it out, begin to deliberately create unbearable conditions for residents and make far-fetched claims.

The goal is simple - to evict the tenant without returning the security deposit, and often rent. There is a circle of people who have turned this vicious practice into a source of permanent income.

You can also ignore the actual rental period. For example, rent out an apartment for 2-3 months, and tell the tenant that it’s for a long term.

The usual monthly rate for long-term hiring is approximately 15-20% higher. Thus, after several months, the owner has an urgent need to vacate the apartment, and the difference in payment ends up in his pocket.

"Related" change

It happens that without the consent of the other residents, an apartment located in shared ownership. Which, naturally, becomes clear after the deposit has been paid and the contract has been concluded. As a result, the contract is declared invalid, and the unlucky tenant is evicted. Sometimes such situations are random, but most often they are provoked by the homeowners themselves.

The next version of deception: the apartment is rented out by close relatives.

The explanation goes something like this:“My brother inherited an apartment, now it is empty, but it could generate income.

Since he has no time to do this, I rent out the apartment. But there is no power of attorney, because they simply did not have time to issue it, etc. and so on.". Then the brother, the former one, naturally “is completely unaware,” returns from vacation, and the tenant has to move out. And the relative who rented the apartment is, of course, on a long trip at this moment; it is unknown when he will return; his phone is not answered.

Variations of “related delivery” can be very different:

husband for wife,
son for father
granddaughter for an old grandmother, etc.

In this case, a performance can be staged with a telephone call to the brother (wife, grandmother, etc.), in which the figurehead replies that he, of course, gives his consent. In any case, the result for the tenant is the same: eviction with loss of money.

It would also be a good idea to draw up an apartment acceptance certificate in order to subsequently avoid mutual claims for loss or damage to property.

The landlord, like the tenant, bears his own risks when renting out an apartment, because the tenant can also turn out to be a fraudster: run away without paying or rob the owner.

In this case, you will have to file a statement with the police. Having a concluded agreement and the tenant’s passport details in hand will make this much easier.

If the opposite situation happened, and the tenant became a victim of fraud, contacting the police with a statement about the fact of fraud can sometimes also help, especially if you do this, as they say, “hot on the heels.”

1. “Money in the morning, chairs in the evening”

If, after viewing the ad, the thought flashed through your mind, “This is exactly what I’ve been looking for for so long!” We must act quickly so as not to be late!” - stop for a minute. Because of emotions, a person forgets about caution and easily parts with money. Consider a classic scam ad:

After the call, it turns out that the apartment has not yet been rented out (wow!), you can view it even today, but the commission (“some” 5000 rubles) must be paid immediately, because the demand for the apartment is sooo great, and here it is -he's about to leave!

And this is where it works: “Eh, it was - it wasn’t! Five thousand and I’m happy.” Of course, the office draws up the contract “according to all the rules”, with stamps, etc. Of course, the client, who is in a hurry and euphoria, does not have time to read the contract. And after payment it turns out that the apartment was rented out just a minute ago. "Did not have time!"

But never mind, there are other options. Only in reality it turns out that other options are nothing more than printing a bulletin board. And upon closer examination of the contract, it turns out that the “agency” provides only information services and is not obliged to show any apartments at all.

Conclusion:

Pay the commission only in the presence of the apartment owner, having signed an agreement with the owner and received the keys from him. Also, check that the keys fit the doors of the apartment you are in.
Don't trust ads that:
The price is greatly reduced
- the room is locked with things and will not be given up,
- the owner goes abroad, on a business trip, etc.,
- payment by transfers is offered,
- it is emphasized that “decent people” are needed (do you think anyone needs dishonest people?),
- a designer photo of a luxury apartment (such apartments cannot be cheap),
- “assistance in registration” is offered (this is how they look for new arrivals: it’s easier to deceive them),
- the phone number is indicated in letters or shown in the photo.
Do not rent rooms in “apartment-type hotels” - this is also a scam.

2. “Our barracks are very friendly! Will you be the twentieth?

This method of fraud is used when renting out beds. Often the tenants themselves are responsible for moving in, so they often move in without a contract, on trust. This “scam” works precisely on the client’s trust. Typical ad:

It would seem like a wonderful friendly company, and the apartment is conveniently located. Apartment showings usually take place during the day, when residents are at work. The scammers take the monthly payment, and in the evening all the neighbors return, not five, but twenty!

Conclusion:

If inspection of the apartment is possible only during the day, then most likely they want to cheat you.
When paying, ask for a receipt, which should indicate the passport details of the parties and the exact address apartments. Pay attention to whether the name of the person in the passport matches the name of the author of the ad.
It is highly advisable to conclude an agreement with the owner and pay him personally for the first month.
If they refuse to enter into an agreement with the owner, pay 1-2 days in advance, and pay the rest of the amount after final check-in. Don't pay for a whole month at once if you don't know who you're dealing with.
Do not rent a bed if the information does not match reality:
They show you a room that is not the one in the photo in the ad,
- another person comes to the meeting, and not the one in the photo in the ad,
- the distance from the metro is much greater than what was indicated in the advertisement, there are no promised shops near the house.
Do not trust advertisements that emphasize that the apartment is “almost perfect” in terms of location, interior, household appliances, etc.
Most often, barracks are set up in three-room apartments, less often in two-room apartments.

3. Goodbye pledge!

This “scam” works when renting rooms. As you know, a deposit is paid only for an isolated room with a lock, because otherwise the room could be damaged by your roommates. It is this option that scammers use to “pocket” the deposit. Look at the ad:

So, the tenant pays a month’s rent and a deposit and moves into the room. And in the evening, 20 neighbors return to the apartment! At the end of the month the person has to move out, but the deposit is not returned to him. There can be many reasons for this: for example, torn wallpaper, a scratch on the cabinet, etc.

Conclusion:

4. Prepayment

Sometimes the owners are ready to rent out their home cheaper, but they ask for an advance payment for several months because they really need the money. Sometimes it's true.

Now imagine the situation that a month after you move in, the real owner appears and declares that the apartment was rented out using forged documents, and you have no right to rent the apartment.

Conclusion:
It only makes sense to pay several months in advance if you work through a trusted agency. In this case, it is dangerous to work directly with the owner, unless, of course, you are a real estate rental specialist.

And most importantly! Any fraud can be detected by two signs:

you are offered almost ideal conditions, but
There is a catch with payment: a large deposit, prepayment or lack of an agreement.

We wish you a successful housing search!

If you have free living space at your disposal, then the most reasonable solution for using it would be to rent it out to other people.

This is both an additional source of income for the owner and a way to cover monthly utility bills for housing.

According to the Civil Code of the Russian Federation, the legal right to rent out an apartment has, first of all,.

This right can be granted to any individual or legal entity authorized by the owner to enter into a rental agreement with people renting housing. This means that only those persons in whose name the owner of the apartment has drawn up the corresponding power of attorney certified by a notary.

No family relationship, even the closest, is a legal basis for disposing of property that is not one’s own.

In the same case, when the apartment is owned by several owners, and one of them wants to rent it out, he will have to take care of a notarized power of attorney from all co-owners of the apartment or their personal presence at the conclusion and signature of this document.

Preparing residential premises for delivery

The first question that most often worries a landlord is preparing the premises for rent.

This is necessary not only from the point of view of the cleanliness of the lessor who wants to produce good impression for tenants.

The main benefits of preparatory activities:

increase in rental cost of a rental apartment approx. by 15-50%;
reduction in the search time for a tenant by approximately up to 1-2 weeks.

There are even cleaning companies that offer services to properly prepare residential premises for rental. They are developing entire complexes of similar events.

However, after reading the list of actions below, you can be convinced that this can be done by one person without special training.

putting the documents for the apartment in order and paying off all utility debts;
preparation of the hallway (redecoration);
preparation of living rooms: updating wallpaper, ceiling, floor covering (if repair work has not been carried out for a long time);
testing and repair of plumbing (if necessary);
general cleaning of the apartment;
transportation of personal, valuable or memorable items and documents from the apartment;
furniture, equipment with household appliances (TV, refrigerator and washing machine);
washing of household appliances;
preparation of elevators and front doors;
removal of odors and subsequent aroma design;
interior design (fragmentary).

It happens that the whole range of measures cannot be completed for some reason (furnishing, equipping with household appliances). But the points relating to the legality, cleanliness and attractiveness of the apartment during its first inspection must be carried out.

Drawing up an inventory of property in the apartment

In order for the landlord to protect himself in the event of intentional or accidental damage by the tenant to furniture, household appliances and other things left in the apartment, it is necessary to draw up a sample inventory of apartment property, which must be attached to the residential lease agreement.

It can be documented directly in the text of the agreement or in an annex to the agreement.

The inventory of property should be as complete as possible, that is, it should reflect not only the number of all things left to the tenant for use, but also all item characteristics: appearance, year, model, degree of performance, defects, scratches, wear, if any.

A well-drawn inventory, attached to the same agreement, will guarantee the safety of the property and make it possible to assess its condition after the tenants move out.

Search for a tenant

After preparing the property for rent and drawing up an inventory, the stage of finding a tenant begins. If you do this yourself, you need to advertise on special sites on the Internet, as well as press announcements.

You can also ask for help at any real estate agency(free of charge or for some payment).

At the moment when you have already found a suitable tenant who is ready to cooperate with you, you should verbally discuss all the most important aspects with him in order to come to an agreement. Only in this case can you move on to the next stage - paperwork.

Drawing up an agreement with the tenant

If your tenant is an individual, then you need to enter into an agreement with him apartment rental agreement (residential premises). If the apartment is transferred to a legal entity, then the document will be classified as lease contract.

When composing the text of the document, you can use the template of a standard agreement, which spells out all the responsibilities of both parties, and also add those clauses that the lessor deems appropriate.

TO main responsibilities The tenant may include the following:

current repair of all defects, breakdowns that appeared during the period of use of the apartment or compensation for losses at your own expense;
ensuring the safety of the apartment;
independent replacement of furniture and household appliances as they wear out;
payment of payment on the agreed date of the month.

Additionally The tenant's responsibilities may include, for example:

maintaining the living space in appropriate condition;
self-payment utilities;
carrying out routine repairs of all defects and breakdowns that appeared during the period of use of the housing.

Other conditions must also be reflected:

When drawing up an agreement, you should always remember that if the document is incorrectly drawn up, not only the lessor’s money and property, but also the apartment itself will be at risk.

Inspections of the apartment after handing it over to the tenant

Competent owners know that even behind the mask of decent people, skilled scammers can hide, so there is a practice tenant control checks.

It is thanks to such unexpected visits of an inspection person that it is possible to identify in a timely manner the dishonesty or fraudulent intentions of employers. Of course, to do this unexpectedly, This clause should be written down in the contract.

If he is not registered, then the owner must arrange his arrival in advance so as not to cause inconvenience to the tenant. The check is carried out usually once a month or less.

There is another way to keep an eye on the apartment behind the scenes - asking your neighbors to keep an eye on the tenants.

Temporary registration of tenants

Citizens who came from other cities for a period more than 90 days, according to the Civil Code of the Russian Federation, must go through the registration procedure. If they do not have a living space where they can, it is possible at their location.

If the tenant of the apartment has not registered within the specified period of residence, then state authorities impose fine for both the owner of the living space and the tenant.

The period of temporary registration is not limited by law, and it is canceled automatically upon the deadline specified during registration.

At the same time, in order to protect yourself as much as possible from unscrupulous tenants, it is recommended to set a registration period not more than for 6 months. After the expiration of the period, if an extension is necessary, this procedure will need to be repeated.

Landlord income tax

Renting out an apartment falls under Art. 23 Tax Code of the Russian Federation, where it is stated that any individual who receives any income must pay the appropriate tax.

Periodic leasing of any housing with constant receipt of rent is equivalent to entrepreneurial activity.

The tax rate that the owner is required to pay is 13-30% and depends on the taxpayer status:

Anyone who wants to reduce their tax rate needs to register an individual entrepreneur. Then deductions to tax office will only amount to 6% of income.

In case of non-payment of taxes for renting out an apartment, the owner will have problems with the law:

Those who risk renting out an apartment illegally, without paying income tax, should remember that in addition to collecting the entire hidden amount, an additional penalty may be imposed on the illegal tenant. a fine of 20-40% of the non-payment amount.
If the amount of non-payment of taxes exceeds 600 thousand rubles, the owner of the property may also be brought to criminal liability under Art. 198 of the Criminal Code of the Russian Federation. The maximum penalty in this case may be imprisonment for up to 1 year.

Early termination of the lease agreement

Mandatory condition of the lease - the contract must be drawn up for a certain period.

However, depending on the situation, the rental agreement can be terminated early. The conditions for this are usually prescribed in advance in the contract itself. Otherwise, you should act based on the letter of the law - the Civil Code of the Russian Federation.

The tenant (individual) may unilaterally terminate the contractual relationship without specifying the circumstances. The main condition is that you must communicate your decision give the landlord at least three months' notice.

The lessor himself has the right to terminate the agreement only if the tenant fails to comply with the terms of the agreement:

failure to pay rent;
improper use of the apartment;
worsening of her condition.

Video: How to successfully rent out your apartment?

In the story, a professional realtor gives advice on what you need to pay attention to when preparing an apartment for renting, how to select decent tenants, how to legally correctly draw up a rental agreement for residential premises, and an inventory of the property transferred with the apartment.