How to rent out an apartment correctly: the best tips. Specific rental: how to rent or rent out a non-standard apartment How to rent an apartment

The legislation clearly defines circle of persons who have the right to rent out real estate:

According to Art. 30 of the Housing Code of the Russian Federation, the owner has the right to provide premises belonging to him for temporary use on the basis of a rental or lease agreement.
In accordance with Art. 67 of the Housing Code of the Russian Federation, the tenant of residential premises under a social tenancy agreement also has the right to rent out housing. However, at this point one cannot do without a small clarification.
He can sublet the apartment, but on the condition that the real owner of the apartment has given consent to this.

Is it possible for a person who is not the owner or tenant of the premises to rent it?

Maybe if it is the legal representative of the owner with whom the notarized power of attorney was concluded.

Methods

There are two ways to rent out housing:

on one's own;
through an intermediary.

What's the best way to submit? Let us briefly consider the transaction procedure for both options.

Personally

What you need to do to rent out your property yourself:

Determine the cost of rent. To do this, you will have to collect data on prices for similar apartments in your region, compare competitors’ offers and establish reasonable price, taking into account the location of the object, its condition and characteristics.
Take a photo of the apartment. High-quality photographs will help employers quickly decide whether this option is suitable for them or not.
Create an ad. The rental offer must describe the characteristics and benefits of the property.
Publish a job offer on specialized bulletin boards on the Internet or in printed edition. Publication on many resources is paid. It is important to choose only those sites or newspapers that actually produce results.
Receive calls from potential employers, immediately discussing details and living conditions.
Arrange meetings. After the call, it is advisable to schedule a viewing of the property within 1-2 days, so that the potential employer does not have time to find another option.
Present the apartment.
Draw up a rental agreement and other accompanying documents. The agreement must specify detailed living conditions so that problems with the tenant do not arise later.
Conclude an agreement, discussing all the nuances of accommodation, rights and obligations of the parties. After signing the papers, take payment for the first month and hand over the keys to the tenant.

Through the company

What does the procedure for renting out an apartment look like if the owner seeks the services of an intermediary?

To ensure the safety of your own property, you should contact trusted real estate agencies that have already proven themselves in the rental market.

An agreement must be concluded with the agency for the provision of services.

For apartment owners, the intermediary service will be free, since the commission is paid by the tenant. However, in some cases the owner also pays. For example, if he urgently needs to rent out housing (the funds paid will be used for additional advertising of the apartment), or if luxury real estate is rented, for which it is not so easy to find a tenant.

The agent assumes responsibility for placing advertisements, contacting potential residents and preparing documentation. The owner only appears at the showing, makes a decision on choosing one or another tenant and signs the lease agreement.

Which option is more profitable?

Before deciding on one way or another of renting out your home, you should evaluate the pros and cons of both options.

Advantages and disadvantages

Positive aspects of renting housing without an intermediary:

Ability to quickly find a tenant. Since tenants have to pay a commission to the agency, many of them are fundamentally looking for an apartment from the owner. Offers to rent from the owner are popular, so you can find a tenant in a couple of days.
Opportunity to rent out living space more profitably. Many unscrupulous agents, when inspecting an apartment, deliberately reduce the cost of rent in order to quickly conclude a deal and receive a commission. If the property is rented out by the owner, then, first of all, they calculate their personal benefit.

Minuses:

What is better and what are the pitfalls?

Why do owners prefer to work with realtors? Advantages of renting an apartment through an intermediary:

The agent takes on all the work of finding a client, presenting housing and completing documentation. The owner of the apartment thereby saves time.
The realtor is interested in the quick delivery of housing, since he receives commissions from the tenant only after the transaction is concluded.
The specialist provides free advice to the owner on the issues of drawing up living conditions in the apartment and other nuances relating to the relationship between the tenant and the landlord.
The apartment owner can contact several agencies at once to speed up the search for a tenant.
Using the services of an intermediary is convenient especially for those owners who rent out real estate in a region where they do not live. Having issued a power of attorney for a specialist, you don’t have to worry about the absence of employers.

Disadvantages of renting housing through a realtor, pitfalls of such rentals:

There is no guarantee that by contacting an agency, the owner will find a tenant faster. Not all residents are willing to pay a commission to an intermediary.
Some agents, especially private ones, offer to sign a standard rental agreement, which the owner himself can download on the Internet. In this case, there is no need to talk about an individual approach to completing a transaction.
There is a risk of running into fraudulent realtors who will take money from the owner for services not provided and disappear.

IMPORTANT! It should be understood that the agent provides only services for finding tenants and completing the transaction. The relationship between the owner and the tenant after the conclusion of the contract no longer concerns him.

Resolving conflicts between the parties is not within the competence of the realtor, so the owner will have to deal with it himself.

Renting housing through a real estate agency and conducting the transaction yourself have their advantages and disadvantages. If the owner himself decides to deal with this issue, then he should familiarize himself with all the legal subtleties of executing the transaction - from checking documents to drawing up a lease agreement. If the choice was made in favor of an intermediary, then it is advisable to choose a proven organization.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Time is money. This expression becomes especially relevant when you urgently need to rent out an apartment. In rather extreme rush conditions, owners often private real estate make many mistakes and mistakes, which ultimately cost too much, and the cost to them is not only money, but also damaged nerves. In addition, empty housing space requires constant payments, and therefore it must be rented out, at least in order to cover them.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!

Very often, owners leave apartments empty, simply because they do not know how and what to do, how to fill out the documentation correctly and, in the end, simply to avoid becoming a victim of ordinary scammers or unreliable tenants. Let's look at how to officially rent out an apartment, what it gives and how to arrange everything correctly.

Official rental of private housing is the most optimal and profitable transaction from a legal point of view. In addition, this method of renting out an apartment is the safest, first of all, for the owners themselves.

Advantages of legally renting an apartment

There is no need to be afraid that the tenant will do who knows what to her and will not run away without paying for accommodation and utilities. So in a simple way You can eliminate the possibility of fraud with your property.
Renting to friends or relatives by concluding an oral agreement “in words” is also not the best option. The only plus is that you will know the people who live in your apartment. But, if renting out an apartment for you is, first of all, getting a good passive income, then it is better to find unfamiliar tenants and finalize the deal at a decent price and in accordance with all the rules.
This method helps to foresee as much as possible all future expenses for the apartment, including even paying for telephone calls from residents. A formal lease agreement includes all payment items and responsibilities of both parties.
In addition, you can rest assured that there will be no problems with the tax authorities, and you will not be held accountable for concealing profits.

What documents are needed to formalize the contract?

Drawing up a rental agreement for an apartment does not require collecting a large package of documents and various certificates, as, for example, for purchasing it. The standard set includes such mandatory documents as:

A certificate of ownership of housing in the case or an agreement that confirms the right to its property (for example, it could be a purchase and sale agreement or a Donation agreement);
List of everyone registered in the apartment (extract from the personal account in the housing office);
Notarized consent to rent from all owners of the apartment, if there are several of them. In addition, they must be present during the conclusion of the contract. This fact can save you from various future problems that may arise from the intervention of the co-owners of the apartment if they do not agree with its rental.

The tenant must provide a passport.

Lease agreement: what is it for and what should be included in it?

An apartment rental agreement is an official document that confirms the legal lease of real estate and contains all the information about the transaction, its terms and conditions, as well as the guarantees and obligations of both parties. It is concluded between two parties: the landlord and the tenant. This is an important component of the question of how to properly rent out an apartment.

Today, two types of property rental agreements are practiced:

Lease agreement. It is concluded in cases where you rent out an apartment to an individual (Chapter 35 of the Civil Code of the Russian Federation). This type of agreement is not subject to mandatory registration, regardless of the duration of its term.
Lease contract. Necessary for concluding a transaction with legal entities (Chapter 34 of the Civil Code of the Russian Federation). It must be registered if it is concluded for a period of 1 year or more.

The importance of a formal rental agreement cannot be overstated. The obligatory presence of such a document will make your life tens of times easier and save a lot of money and nerves in the future. So it is important to pay maximum attention to it when decorating.

The absence of an agreement is an unjustified risk for the lessor and there are many reasons for this, for example:

You will not be able to “sue” debts if you are suddenly “lucky” with unreliable tenants who do not pay rent for accommodation and utility bills.
In addition, it will be impossible to compensate for damaged property or theft of personal belongings, which is quite common in practice.
It’s trite, but even the police will not accept your statement about problems with tenants if there is no official lease agreement that confirms the fact of renting out the property.
If the new residents flood their neighbors or cause them other damage, then you will certainly have to pay compensation.

What information must be recorded in the contract:

monthly rent amount,
payment terms, down to the date and time,
the use of personal property of the apartment owners, what and to what extent is permitted,
payment of all utility costs, size and amount, information about who will pay them - the tenant or the landlord, this will help avoid many conflict situations in the future,
mandatory exact time and verification procedure rented apartment and the property in it by the owners of the home,
information about the privatization of housing, its owners,
the number of future residents must be indicated,
the procedure for the return of funds in case of non-payment, as well as the procedure for compensating possible material losses to the lessor in cases of unlawful actions of tenants,
additional agreements that do not contradict the law, but are important for both parties.

As a mandatory annex to the agreement, there must be an act of acceptance and transfer of personal property of the apartment owner, which indicates the fact of transfer of the apartment and all property in it. Thanks to the use of such a document, all possible risks of damage to both the home and all your belongings during the residents’ stay are significantly reduced.

Of course, even if an agreement is concluded, both parties have certain risks. The tenant has the right to know and must be sure that you have the official right to rent out housing, and also that there are no unpleasant problems with the apartment, that all utility bills have been paid and there are no debts. All this information is honestly negotiated in advance, after which it is mandatory to indicate it in the contract upon conclusion. The tenant must confirm that he is familiar with the information about the housing and has no complaints.

As an additional important information, the contract may contain data confirming the solvency of the tenants (for example, a certificate from the place of employment, which indicates the names and telephone numbers of contact persons who can confirm the information provided by the tenant).

A separate paragraph indicates that this apartment is not rented to anyone else, that it is “clean”. You should not limit yourself to certain standard phrases; it is important to indicate in as much detail as possible all the information about the housing and the property in it, as well as all oral agreements with the tenant. In this case, both parties to the transaction will be able to avoid possible unpleasant consequences, or protect their rights in cases of unlawful actions of the other party.

Transferring money to pay rent

The final and most important stage of the transaction is the transfer of money. It is important to take it as seriously as possible. Today there are several ways to carry out this procedure:

From hand to hand- the easiest and fastest way. But it may not always be convenient for both parties, since it is necessary to find time to carry out this process. Often, neither side can sacrifice this kind of time, especially if this happens during the day. This is explained simply - often during the day people are at their workplaces. If funds are transferred in cash, be sure to conclude an act of acceptance and transfer of money or write a receipt with the specified amount, date, payment period and signature.
Using various non-cash accounts, for which, within a certain period of time, residents transfer rent for housing. In this case, it is important for the tenant to keep all receipts.

Absolutely all payment manipulations are carried out on the basis of a concluded agreement and cannot be changed unilaterally. Both parties must follow the pre-agreed terms of the deal. If this is a transfer of money from hand to hand or to authorized persons, then it is necessary to provide documents that confirm the existence of a power of attorney. Transferring funds through banking institutions by crediting to an account simplifies the entire process several times. Moreover, the fact of transfer of money, if all receipts are saved, is almost impossible to challenge or deny.

There are no trifles in such an important matter. Any little thing can play a cruel joke on you and be very expensive. This means that personal reinsurance is always much better and more expedient than trusting strangers.

How to properly pay state taxes for renting real estate?

If you are interested in how to officially rent out an apartment, then you should also know about paying taxes. In practice in Russia they use different ways renting out apartments and they are not always supported by law. Renting housing property without paying taxes is a reality, not a fiction. According to statistics, about 60% of owners who independently rent their homes do not pay taxes to the state. As a rule, this option is fraught with unpleasant consequences and problems with the relevant government agencies.

Most often, a banal situation occurs - it is the neighbors of such tenants who expose dishonest “dealers”; this usually happens when the housing is rented by someone unknown and in the event of hooligan behavior at night. Naturally, neighbors begin to complain and unofficial rent with non-payment of taxes comes to light.

There is a way to rent out an apartment officially and not pay taxes by turning to intermediaries represented by real estate agencies. But in this case, the lion's share of the profit goes to them. It is more profitable to do everything yourself and according to the law. But how?

According to the law, real estate can be leased by persons who are engaged in private entrepreneurial activities, as well as by persons without registration as an entrepreneur (according to the norms of the Tax Code).

In this case, the object of taxation is determined by calculating the rent, which is specified in advance in the official agreement between the landlord and the tenant of the living space. Property rental tax is provided at a mandatory rate 13% of the income received from the rental of property. This income is usually the amount specified in advance in the official contract and paid to the owner.

In some cases, the interest rate is 17% of the excess amount, taking into account all previously provided taxes: if the total amount of income received by the taxpayer for the last reporting month exceeds the minimum wage by ten times.

How does this process work in practice?

The owner of the apartment, who is also the lessor, independently submits a tax return at the end of the year individual(Form 3-NDFL). This declaration is submitted to the authorities tax office at the place of direct implementation of business activities. In another case, the completed declaration is submitted at the location of the property.

After some time, a receipt arrives in the mailbox that needs to be paid. The deadline for filing a return and paying taxes for the past year is April 30 of the new year.

For activities related to the rental of real estate, you can register a private enterprise. This will significantly simplify the entire scheme for paying income taxes. To do this, it is necessary to register a business entity - an individual or individual entrepreneur. The easiest way is to register an individual entrepreneur and pay 6% on profits under a simplified taxation system.

Possible difficulties when completing a transaction

Real estate lease transactions do not always go smoothly and quickly. In order not to learn from your bitter experience, you can simply take note of the typical mistakes that are very often made when designing:

When concluding a contract, it is better to specify the lease term immediately. And if it exceeds 12 months, then it must be registered with the Federal Registration Service. In this case, the amount of state duty is paid by the tenant, and the lease agreement is registered in the name of its owner. Such an agreement acquires full legal force and can act as an official document in cases of resolving various controversial and conflict situations.
To avoid various unpleasant situations in the process of renting out housing, it is important to independently control the entire process. In addition, do not be lazy and ask future residents as much information as possible. It is also advisable to check it for accuracy, for example, call your work and make sure that such a person really works there.
Taking every detail seriously in this serious matter is a guarantee of avoiding possible problems. Therefore, a favorable outcome of the transaction and receipt of future profits in full without unnecessary losses depend on your responsibility and awareness.

Owners who rent out apartments know from their own experience how difficult it can be to do this on their own. You need to submit the right advertisement, communicate on the phone with potential tenants, show the apartment and do much more. I have been renting apartments for over 10 years. I rented to a completely different crowd: from couples with children to the Chinese and Vietnamese. Many of my former tenants want to come back to me, I continue to communicate with some: I get their hair cut, consult with them, call them to do repairs.

I often get asked questions:

How to find good tenants?
How not to get confused in the procedure for renting an apartment?
What needs to be provided?

I suggest using step-by-step instructions.

Step one. Researching the market

Before renting out an apartment, you need to research the rental housing market and do at least a minimal analysis of competitors.

When studying the main websites for real estate rental, pay attention to prices, photographs of apartments, advertisement text, what furniture and household appliances are in the apartment.

The rental price is affected not only by the quality of repairs. The cost is determined by the location, quality and condition of the house itself, transport accessibility and a number of other factors. It is advisable to compare the level of housing prices with the location of the apartment in your city/district and the presence of furniture and household appliances in it. Also, you most likely know what type of apartment your apartment is: economy class, business class or luxury.

Taken together, the research you conduct will help determine not only the rental price of the apartment, but will also paint a portrait of potential tenants.

Step two. We are preparing the apartment for rent

How to prepare an apartment for new tenants?

If we talk about an economy-class apartment, the main thing is to make it presentable, but not to overdo it with renovations, because your costs may not pay off for a long time.

The first thing to do is take out all the trash. Next, check the plumbing and electrical fixtures to protect both yourself and your tenant from potential problems. Have you changed your wallpaper for a long time? The linoleum is no good, and are there stains on the ceiling from old leaks? Change it!

Even with minor cosmetic repairs, your apartment will take on a more well-groomed and tidy appearance, which will have the best effect on finding tenants.

Be sure to wash, iron and polish everything you can until it shines - let it shine and sparkle!

Furnish your apartment with the essentials and don’t forget about household appliances: refrigerator, washing machine, TV. But remember, if you rent out a budget apartment and install expensive household appliances in it, then the rent will not increase much. But if the tenants break your super electronics, then you will suffer significant losses. However, in any case, you should not fill the apartment to capacity. There are often cases when tenants do not need any furniture or household appliances - they move in with everything of their own.

If there are any of your personal belongings left in the apartment, then it is better to take them. Pay off all your existing utility debts, turn off your landline phone or at least your 8 dial.

If we are talking about a higher-class apartment, then it is advisable to put it in complete order. This way you will increase its status and be able to find suitable tenants.

Step three. Taking a photo of the apartment

Choosing an apartment begins with photographs, so this step is extremely important. The kind of pictures you accompany your advertisement for renting an apartment largely determines how quickly you will find tenants. It is necessary to very competently show the advantages of the apartment for rent. I don’t insist on professional photos, for which you have to pay money. But if you want, you can take great pictures yourself.

Before taking photos, take a look around the apartment again, create comfort. Make yourself want to rent your apartment! It is better to take photographs in sunny weather. Don't skimp, take a lot of pictures, good and different. Don't forget about the bathroom with toilet, kitchen and hallway. The more quality and beautiful photos you add to your ad, the easier it will be for residents to make a decision and rent your apartment!

Step four. Making an ad

Our goal is to write a great ad for renting an apartment. Almost a masterpiece. To do this, we indicate all the advantages in the ad. And more details. Be sure to write if you did any repairs. Balcony, separate or combined bathroom, kitchen area - all this must be reflected in the ad. In order not to reinvent the wheel, select the five best, in your opinion, advertisements posted on the site. Take from them what is suitable for your apartment, and add additional information about the furniture, appliances and excellent neighbors available in the apartment.

If you are not ready to rent out your apartment to tenants with children, animals, smokers, or prefer tenants of a certain nationality - all this must also be indicated in the advertisement.

Your ad should ideally follow the AIDA formula (attention, interest, desire, action). It should be such that tenants not only want to rent your apartment, but want to urgently grab the phone and call you, fearing that the apartment will be taken away from under their noses.

When you compose your ad, be sure to check the text for grammatical errors and typos.

Step five. We place an ad on the website

I advise you to place your ad on top sites. They are all heard. If in doubt, ask your friends or colleagues what databases they use when looking for an apartment or renting out their own. There is no need to place an ad on dozens of sites. Usually placement on several rating resources is enough.

We usually do not pay money for posting an ad. But, as practice shows, given the current state of the housing rental market, it is worth posting paid advertisements. In this case, the rate of renting out an apartment increases significantly.

Yes, and don't forget about the photo! The best. And more.

Step six. We communicate by phone

And now you have waited for the first calls. Speak calmly and confidently. Not only answer the questions yourself, but also clarify information about potential tenants. Perhaps you are not satisfied with something about the tenants already during the telephone conversation, so why then waste time inspecting the apartment? Be sure to inquire about the composition and number of residents. Don't be afraid to ask about what's listed in the ad. If you do not want to allow tenants with a dog, then it would be a good idea to check again if there are any pets.

If you and the potential tenants are happy with everything, arrange to view the apartment.

In my experience, it is better to schedule meetings at approximately the same time with a difference of 10–20 minutes for several tenants at once. Not everyone comes to the meeting. Can you imagine how frustrating it can be when you waste time, arrive, and no one shows up? So don't be shy: it's a market. I assure you, residents negotiate in the same way for one day with several apartment owners at once and choose what suits them.

Step seven. Showing the apartment

It is advisable to arrive a little earlier than potential tenants. Ventilate the apartment, open the curtains or turn on the light, add pleasant music - create a feeling of warmth and comfort.

If you like the tenants, make them fall in love with your apartment. Don't follow them around silently, only answering questions. Talk, show, tell short stories related to the apartment, give arguments in your favor. Try to please yourself. In other words, be a good salesman of yourself!

If tenants trust you, they will be much more likely to rent your apartment.

If visitors are not ready to make a decision right away, do not mutter something inarticulate under your breath: from my own experience I know that many of those who leave later return.

Step eight. We sign the agreement

Our ideal tenants have been found! Well, or not ideal, but quite suitable for us. It's a matter of contract. Prepare it in advance in duplicate. There are a lot of forms of contracts. Which one to choose is up to you. Just don’t forget to include in the contract the necessary items, the amount of the security deposit, take readings of all meters and take a photo of the tenant’s passport.

Conclusion

The apartment is rented. Open a bottle of champagne. You may find some of these points unnecessary. But I assure you, I have been doing all this exactly for many years (except perhaps for repairs) and I can say that following the instructions step by step does not take much time, but on the contrary, it structures the work and facilitates the process of renting out the apartment.

I will be glad if this helps you too.

Last updated May 2019

Having multiple living spaces is not only a luxury, but often a headache. The owners are trying to rent out the “extra” living space. This is both additional profit and some kind of supervision of the apartment.

Let's try to figure out how to properly rent out an apartment, how to avoid problems with unscrupulous tenants and the tax inspectorate, and how to preserve your property.

Who can take it

The owner has the right to rent out his apartment. Who has a certificate of registration of ownership rights (extract from the state register) for it. No relatives or very close friends have the right to enter into a rental agreement with tenants at the request of the apartment owner. This option is possible only if you have a notarized power of attorney, which states the right of the authorized person to rent out the housing of his principal. Otherwise, the owner may object to such a transaction at any time.

If the owner of an apartment uses it under a social tenancy agreement, that is, it actually belongs to the state or municipality, then he has no right to rent it out. In exceptional cases this is possible, but for this it is necessary to obtain official written permission from the state/municipal body (who is the owner, in most cases this is the municipality).

If there are other residents registered in the rental housing, in addition to the owner (as members of the owner’s family), then obtain their written consent to conclude the transaction not required.

But there are subtleties. If a rental agreement has already been concluded and the owner or hires other persons to live in the dwelling, then consent to such moving in is required from all interested parties (both the tenant and all people registered with the tenant).

The same is required if part of the apartment is rented out (for example, a room in a communal apartment with a shared kitchen, toilet, and bathroom for several owners). Thus, an additional rental agreement for vacant space can be concluded with the permission of the first tenant and his family members.

If a minor child is also registered in such housing, then permission to rent out the apartment will also need to be obtained from the guardianship authorities.

If there are several private owners of the apartment, then each of the co-owners must participate in the transaction on the side of the landlord. Or express your written consent to conclude the transaction and entrust one of the owners to handle its execution. Such consent and power of attorney are drawn up by a notary.

If such procedures are neglected, then the apartment rental agreement (for a period of more than 1 year) will not be registered in the Russian Register.

In practice, apartments are often rented “in gray”, without state registration of the agreement in the Russian Register. Therefore, such formalities are not observed. But you need to keep in mind that in a legal dispute with a tenant (on any issues regarding the rental of an apartment), it will not be possible to refer to such an agreement as evidence, since it is void without registration (if it is not concluded for a period of less than a year, then registration is not necessary and the written form of the contract is sufficient for its full force).

When we're talking about about moving into (including registration, concluding an additional social tenancy agreement) in a municipal apartment, then consent is required from all registered persons and, naturally, from the municipality.

To whom to rent an apartment

A person who is faced with renting out an apartment for the first time will be thrown into panic by even such a simple question of where to find tenants. We can recommend four options:

Contact a real estate agency. They will offer you a lot of options and also provide some guarantees, but you will have to pay for such services.
Submit an advertisement for renting an apartment in a newspaper, Internet sites, or in a “creeping line” on television. Or find an advertisement for a person who wants to rent a home in the same media. True, there is a risk of running into an unscrupulous tenant. He will either not pay for the apartment provided to him, or he will damage (steal) the property in it.
Find a tenant through friends, acquaintances, relatives - best option. It is unlikely that a tenant under the patronage will risk harming the owner of the apartment. And in case of controversial issues, it can always be found.
Rent out housing to relatives or friends. Most likely, such rent will be free of charge. You will not receive any material benefit. But you can safely entrust them with paying utility bills for the apartment.

In general, you need to periodically check the apartment you are renting. Communicate with tenants and monitor utility bills to avoid problems in the future.

If an apartment is rented to a stranger, the rental agreement cannot guarantee complete property security for the owner. It is necessary to check the future tenant to ensure he is law-abiding. To do this, you can contact police officers you know or other representatives of law enforcement agencies to check the employer for a criminal record, bringing him to administrative responsibility, the presence of debt or credit arrears, etc. You can look up information about the person on the Internet and from other open sources.

Renting an apartment without intermediaries is, of course, cheaper. But then all worries about housing fall solely on your shoulders.

How to transfer an apartment

We'll talk about the legal aspects of the transaction later. Now let's touch on everyday issues.

The apartment must be transferred directly to the tenant, telling about all the features and important technical aspects of the housing. This way you can avoid accidental breakdowns and other damage.

When transferring an apartment, you should jointly record the readings of energy meters (water, electricity, gas, etc.) so that in the future you will not have to figure out who incurred the utility debt.

Before handing over the keys, the general and detailed conditions in the apartment should be photographed. This will discipline the employer, as he will see the owner’s reverent attitude towards his property. In addition, photographs can serve as evidence in court if a conflict arises about a significant deterioration in the condition of the apartment after its delivery.

If you have friendly neighbors on the landing, it would be good to introduce the new residents to them. And leave your phone number with your neighbor for emergencies. This also “educates” the employer.

How to register a lease legally

Even if you decide to rent out an apartment to your best friends or distant relatives, it is better to document this transaction. In this case a residential lease agreement is drawn up(it must be distinguished from a lease agreement, which is concluded mainly between legal entities). It’s easy to arrange. There are a lot of samples and options on the Internet for different occasions. You can draw it up yourself, seek help from a lawyer or from us.

The document is signed by both parties. Notarization is not required, but is not prohibited. As an option, entrust the drafting and certification of the transaction to a notary. But such a document will not have greater legal force than an ordinary written agreement concluded by the parties.

In addition to the rental agreement, it is necessary to draw up a transfer and acceptance certificate for the rented apartment.

The act describes in detail the technical condition of the entire residential premises: the presence of repairs, plumbing, as well as the furniture, household appliances, and other household items in the apartment. It is necessary not only to list them, but also to indicate in what condition they are, in what places they are located, name (model, brand, etc.), determine the approximate cost (at least of the most expensive items). This will help the homeowner in the future to assess the condition of his property and recover damages for damage to it from unscrupulous tenants. The act is also signed by both parties after inspecting the apartment. After which the tenant is given the keys.

How to draw up a rental agreement correctly

If you decide to rent out an apartment and draw up a contract yourself, you should follow the basic rules for drawing it up. Main, clearly state the basic conditions - apartment address, term and amount of rent, the rest is at the request of the parties. You can draw up a very detailed document on several pages, which will include all the nuances. And only the essentials, fitting everything on one sheet. A reliable contract should include the following points:

Date and place of its compilation.
Detailed personal data of the landlord and tenant: first name, last name, patronymic, date of birth, place of registration and residence, number and series of passport or other identification document.
Subject of the agreement: an apartment for rent, owned by the landlord. Namely, its address, square footage, technical condition, availability of furniture, plumbing, assessment of suitability for living (heating, water supply), connection to the telephone network, the Internet, cable television. Detailed description may be stated both in the contract itself and in the deed of transfer attached to it.
A link to a document confirming that the landlord is the owner of the property. About the absence of encumbrances by third parties (mortgage, pledge, other lease, arrest, etc.).
The cost of the monthly rent, including an indication of who is responsible for paying utility costs.
Payment form: cash in cash, by postal order or by bank card(contribution), free of charge, etc..
Payment terms: lump sum for the entire rental period or monthly (quarterly) indicating by what date payment must be made.
Which party is obliged to carry out current, major or urgent repairs of the apartment.
The period for which the housing is rented.
Indication of all tenants moving in with the tenant (if the contract is long-term).
The rights and obligations assigned to the tenant and the lessor, with which they must agree.
Reasons and conditions under which a tenancy agreement can be terminated unilaterally.

It is also advisable to include special conditions in the contract, the so-called “everyday tricks”:

The ban on the employer and members of his family (or those persons who will live with him) be registered at the place of residence (in a rented apartment). Although the legislator does not allow registration without the owner’s permission, “enterprising craftsmen” manage to circumvent the restrictions. Such a condition will not allow cheating during registration, and if illegal registration was nevertheless allowed, then it will be easy to challenge it in court (the agreement itself will be indisputable evidence of the unlawfulness of the employer’s actions).
Distribute the responsibilities of insuring the apartment against accidents between the landlord and the tenant. It is better, of course, to deal with this issue yourself, since by insuring the apartment against flooding, fires, civil liability, etc., the owner relieves himself of the risks for the negligent behavior of the tenant. After all, if such an incident occurs, the owner will be responsible to the victims (neighbors and other persons). Damages can only be recovered from the culprit (tenant) by way of recourse. That is, first the owner compensates for the damage to the victims and only then can he demand financial compensation from the tenant. Sometimes this is an impossible task (for example, the employer does not have property, does not officially work or pay alimony, etc.).
On the restriction of the ability to sublease (sublease) an apartment to other persons without the written consent of the owner. Otherwise, the apartment can be turned into a living room.

On the periodic opportunity of the owner to check the condition of the apartment. These are the rights of the owner, in the presence of the tenant, to come to the apartment to inspect it for its safety, proper sanitary condition, etc. If such a clause is not provided, the tenant may simply not let the landlord in, because this is his right.

For what period should the contract be concluded?

The maximum period for which you can enter into a rental agreement is 5 years. And even if the document does not contain a reference to the period for which the apartment is rented, it will be limited to the specified time.

Experienced lawyers still advise against renting out an apartment for a long term. Concluding another contract for a new term is always easier than terminating an existing one. Moreover, when one of the parties does not agree with the termination.

Do I need to register a tenancy agreement?

An apartment rental agreement (or residential lease agreement) does not require mandatory registration with the Rosreestr authorities if it is concluded for a period of up to one year (for example, for 11 months or six months).

If it consists of more long term, then such a transaction will have to be registered. The downside is that this obliges the landlord to prepare a package of documents and pay a state fee for registration. In addition, information about the rental of housing and the receipt of profit by the landlord will be sent to the tax authority. But, on the other hand, by registering this transaction, he receives additional guarantees. .

It is most profitable to conclude an apartment rental agreement with the right to subsequently prolong it and renew it every year.

Advantages and features of renting an apartment for a period not exceeding 11 months, which we have already discussed

The rental agreement does not need to be registered with Rosreestr. This means there is no need to waste time collecting documents or incur the cost of paying state fees. And upon expiration of the contract, clear the entry in the state register about the encumbrance (hire);
the employer will not be able to count on a delay in eliminating violations that lead to termination of the contract.

Mostly short-term contracts are used by owners who evade taxes on rental income. After all, the tax office does not know about such an agreement (the agreement is not registered in the Russian Register and tax authorities do not receive information from there).

Registration of an agreement in the Russian Register is not difficult.

You can apply for registration of an agreement within 1 month from the date of its conclusion (Article 51 of the Federal Law “On State Registration of Real Estate”). Otherwise, a fine of 5,000 rubles is expected.
The applicants must be two parties to the contract (both the landlord and the tenant or their representatives by notarized power of attorney).
The package of documents consists of:
- rental agreement with acts of transfer of the apartment from the owner to the tenant in three copies;
- applicants' passports (for identification);
- receipt of payment of state duty (amount of 2000 rubles, 1000 rubles on each side);
- copies of documents on ownership of the apartment (founding agreement, certificate of ownership, cadastral passport). Although these documents are not mandatory, their provision speeds up the process of accepting applications and registering an agreement;
- consent of interested parties (other shareholders, mortgagee, etc.).
Registration is carried out within 5 working days
Documents are submitted to the MFC department.

Registration may be denied for the following reasons

the apartment for rent is not registered in the cadastral register;
a previously concluded lease agreement for the same area is valid;
a complete list is not provided necessary documents for registration;
the lease agreement has gross inconsistencies with the requirements of the law.

Payment for rented housing

Payment for renting an apartment, as well as the conditions for making utility payments, should be described in detail in the contract.

Some landlords insist on a rent deposit. That is, they demand payment for several months at once. This guarantees that residents will live in the apartment for the entire period they paid for. For the employer, this is the confidence that he will not be left without a roof over his head during the time for which he has already paid.

Information that a deposit for several months is required for renting an apartment can be indicated directly in the contract or agreed upon orally by the parties.

It is better to set out in writing the terms of the return (or non-refund) of the deposit in the lease agreement. This is in case the tenant decides to move out of the apartment earlier, within the period for which he has already paid the rent.

For example, the tenant paid a deposit for living in rented housing for 6 months, and after 3 months he decided to move out. This option must be provided for in the contract and indicate whether in this case the landlord will have to return part of the rent.

There is a condition regarding the deposit of rent for last month. The scheme is as follows: double payment is made in the first month. And you don’t have to pay anything for the last month, since the deposit payment is the payment for the last period. This deposit insures the owner of the apartment if the guest moves out secretly without paying for the last month.

About receipts

It is advisable to record the transfer of any money for renting an apartment, be it a deposit or a monthly payment, with receipts. You can prepare a single form in which you only need to enter the amount and date of payment and sign the parties. Witnesses are often brought in to confirm the fact of transfer. Their details are included in the receipt.

It is also advisable to complete the receipt in two copies, so that one remains with the tenant and the second with the lessor.

If payment for rental housing is made in non-cash form, then the payer must keep checks (receipts) for the transfer of money to the owner of the apartment.

Termination of an agreement

The grounds and conditions for terminating the tenancy agreement must be specified in the document itself.

The tenant has the right to terminate it at his own request, subject to two conditions:

all persons living with him agree with this decision;
the lessor is notified no later than three months.

The person renting an apartment may terminate the contract unilaterally on the following grounds:

the tenant does not pay rent for six months in case of long-term rental or misses two payments in a row if the rental period is less than 1 year;
damage or destruction by tenants of housing or property located in it;
using the apartment for purposes other than its intended purpose, for example, for an office, warehouse, etc.;
systematic violation of order, causing disturbance to neighbors (the violator was warned by the landlord, but did not eliminate the violation).

The tenancy agreement can also be terminated through the court. The initiator of the claim can be either the landlord or the tenant. The reason is usually that the housing has become unusable or has been recognized by the relevant authorities as unsafe.

If the tenant does not agree with the termination of the contract at the initiative of the landlord, he has the right to appeal this fact in court. If the rental agreement was concluded for a long term, the court may grant the plaintiff a deferment to eliminate violations and pay the debt for up to one year.

Should I pay tax on income from renting out an apartment?

Even if the apartment is rented out for a short period of time, this does not relieve the landlord who receives the proceeds from tax liability.

When the lease is long-term and registered with Rosreestr, then information about the transaction will most likely end up with the tax office.

With a short-term contract, it is easier to conceal the fact of receiving a profit from the rental (for obvious reasons). But legislators do not advise doing this. Those who get caught will be forced to pay not only income tax for the entire period, but also a fine and penalties in the amount of 20 to 40 percent of the unpaid tax amount, etc.

When the tax debt amounts to a large amount (more than 900 thousand rubles), the culprit may face criminal punishment. Up to imprisonment.

A concluded rental agreement for residential real estate is a reason for tax authorities to collect tax on the amount for renting out an apartment. Any ill-wisher, as well as Rosreestr at the request of the tax office, can report this.

According to the law, the landlord is obliged to from January 1st to April 30th inclusively submit to the inspectorate at your place of residence a declaration of your income for the past year. It indicates the amount of profit received, including from renting out the apartment.

No one will send the taxpayer a receipt for the amount of tax. You must pay the calculated personal income tax yourself at the rate of 13 percent of the amount of profit received from renting out an apartment per year. If the declaration is not submitted, then a fine is provided for this in the amount of 30% of the amount of the tax base, but not less than 1000 rubles.

Payment must be made until July 15th of the year, in which the declaration was submitted. Failure to pay or late payment may result in fines and penalties.

The lessor may be exempt from paying tax only if he long time did not receive rent for the apartment from the tenant and is able to prove this fact.

Self-employment and apartment rental

The status of a self-employed citizen allows you to solve some problems in the hiring issue.

Firstly, simplified taxation . This is a tax experiment. in Moscow, Moscow region, Tatarstan and Kaluga region . Citizens of these regions can register through the “My Tax” service and pay 4% of the amount of income. Reporting is generated by the same Internet service “My Tax”. The amount is paid monthly. There is no need to submit any declarations. The amount of income per year should not exceed 2.4 million rubles. The beginning of the experiment showed that the idea was not unsuccessful. This way of paying for your income is convenient and economical. Other regions of Russia have already expressed a desire to join the experiment.

Secondly, no need to register as an individual entrepreneur . By registering as self-employed, a citizen will pay a special tax on professional income. These obligations are sufficient for the state and there is no need to strictly tie oneself to the entrepreneurial path. Of course, if we are talking about renting out your home, which consists of 1-2 objects. If there are objects a large number of and other people’s properties will also be available for rent (for example, for rehire or real estate under management). This is a purely commercial activity. You can’t do without an IP certificate.

For the self-employed, tax holidays are provided until December 31, 2019 (clause 70, article 217 of the Tax Code of the Russian Federation). You just need to submit a notification to the territorial Federal Tax Service and indicate the type of preferential activity. Unfortunately, renting housing is not included in the type of activity of self-employed people, which is exempt from paying taxes. At the regional level, authorities at their discretion can determine the types of occupations that will fall under preferential status. But today, not a single region has included rental housing in this list.

Other types of liability

There are cases when citizens rent out several apartments they own at once. Such activity is recognized as entrepreneurial. Therefore, before renting out apartments, it is required obtain the status of an individual entrepreneur. Otherwise, there will be liability under administrative (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) or criminal (Article 171 of the Criminal Code of the Russian Federation) legislation (depending on the amount of income received) for illegal business activities.

Let us clarify that if we are talking about one apartment, in practice it is considered that this activity does not relate to commercial activity. This is one of the types of activities of self-employed citizens.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

104 comments

If any of you have ever thought about changing your place of residence, region, city or even country, you will understand me.

We bought our small one-room apartment in a panel house on Budapestskaya Street (in the center of Kupchino, St. Petersburg) in 2006. Before us, it had probably been rented out for 10-12 years. We received housing without proper care and repairs.

I still remember how the movers laughed at her condition while transporting our furniture and equipment from the old rented one to the “new”, but now their, apartment.

A little personal history so to speak.

We divided the family living space, which was empty. We separated from our relatives, paying half of its value at the market price at that time. Then we earned money ourselves, without mortgages or loans. Our savings and earnings came in very handy to give away 1.5 million rubles in a few months.

I think we were very lucky that it happened that way.

Together with my wife, we renovated it to our liking and lived in the apartment for about two years. Our first son was born and learned to walk on this island of personal space. But we understood that 32.5 square meters was too small for our growing family to live comfortably.

A year later our second child was born. But we had already lived at the new address for three months. In a rented apartment after renovation, a huge 86 square meters with two rooms and a kitchen, the size of our entire previous living space.

We rented out our “small family”, as some real estate agents say, to a young couple. The money from the rent was enough to afford two rooms instead of one with a small additional payment.

Thus began our era of professional tenants, driven by the desire not to stay in one place just yet.

In this story, I made a number of gross mistakes, which I periodically remind my clients and managers about. Read more about them in this post.

Why is “nomadism” beneficial for me?

There's already talk about this And many like her have been written.

This is a completely different lifestyle. When you decide to change not only the area, but also the city. And you go for fresh impressions with your family.

When you deliberately deprive yourself of your usual way of life and force yourself not to accumulate junk. You learn to live economically. You only make purchases that will be useful for a long time. Which at the same time do not deprive you of mobility.

The slogan “to hell with the cult of insane consumption!” It really only works when you are away from your home.

I like to see changes in my life. Personal interests appear, such as riding bicycles with the whole family or living in the country all summer long, which were unavailable to me at the “old address.”

When we moved to another city (Voronezh), payment for local housing was included in the credit for renting out an apartment in St. Petersburg. A pleasant surprise was that the regional real estate market lags behind the prices and appetites of real estate agencies in comparison with the capital.

Therefore, now we rented a two-room apartment of 65 meters, which was fully paid for by our one-room apartment in St. Petersburg. We even had enough to pay utilities. The cost of a communal apartment was also lower than that of the Kupchina HOA.

The successful choice of a place to live, in a new area with a coniferous forest park and practically uninhabited new buildings, was not limited only to savings on rent. Our family's average food bill also decreased by 1.5-2 times.

All this actually allowed us to not worry so much about the level of earnings, as was important in St. Petersburg.

Half the money we earned there was enough for us.

The first bell

When we once again changed tenants in an apartment in St. Petersburg, I remembered very well how the previous tenants always regularly transferred payments, sent paid receipts for utility services, and together we repaired the refrigerator, lighting in the bathroom and some other small things.

And I believed that it would always be like this.

Because past experience told me that there are decent people. After all, I myself have been renting a house for many years, I am constantly in touch with the owner, I send payments and pay for the heat, light and water consumed by me and my family.

Working in real estate in 2006-2009, I saw enough of various troubles associated with renting and buying housing. And I saw destroyed apartments and huge rent debts, destroyed furniture and equipment after delivery.

But, like a real shoemaker without boots, I stubbornly did not see the signals that reached me.

They told me that more control is needed. The residents delayed payment for the third time, citing difficulties with bank transfers specifically to my card. With apologies and all that, but there was no money.

The first signal was back in December, and the last one happened in April. When I answered my question about the next payment, I received a phone call stating: “We are moving out next week! When will you hand over the keys?

I got hit by phone

That they say it was too late to ask questions about utilities and the condition of the apartment. A number of unexpected complaints that I didn’t care how the residents felt. It turns out that I should have taken an interest in their fate more often, called more often, and visited them in person.

A month before their appeal to the congress, I replaced the broken washing machine in the apartment (it had served for almost 10 years, it’s necessary!) with a two-year-old repaired one from Avito, with a guarantee from the workshop. They took the old one into account, took it away and brought a new one. Everything was done in a couple of hours over the phone.

And now it turns out that I needed to buy a new one, because I’m such an oligarch. I didn’t even fork out for a new washing machine for the tenants I abandoned and forgotten about. It was necessary to monitor the fall in rental prices and offer to reduce the price, etc. and so on.

In short, the claims come from kindergarten, with the desire to teach me how to live correctly.

If something doesn’t suit you, you need to say goodbye with dignity.

The biggest disappointment came from unpaid bills for rent, which the residents themselves decided not to pay. They decided that it had become expensive for them to rent the apartment they had already killed in residential area and for crazy money. They decided not to notify me about this. They sent fake checks for previously made utility payments.

And here is a brief result of my gullibility and imprudence in working with “business partners”.

To be honest, I didn’t know what to do with it. I was not prepared for such a turn of events when the tenant had already moved out and left the keys with an agent I knew.

The apartment was in terrible condition. They walked on the carpet in street shoes, tore off the wallpaper (most likely by a dog, which they also did not agree with me), and damaged furniture and plumbing fixtures.

I also spent a lot of extra money to have it professionally cleaned and return the apartment to its normal appearance. Fix plumbing, wash carpet, replace furniture.

To say that I was incredibly upset by the situation is not enough.

The thing is that very few people are able to be inside a problem or conflict and immediately see a solution. According to psychologists, such people are less than 10%.

Besides, hard style is not my approach. I tried to threaten and said that I would sell the debts if there was no payment. But it was a weak move. And after using a technique that was unusual for me, the negotiations turned out to be a complete failure.

All that remained was to rely on the decency of the tenant. But in response to my last request to pay off the rent arrears, Valery boldly told me that you can’t trust anyone in this life and later sent an SMS

Everywhere there are dishonest people and cheaters who are looking for workarounds and excuses to absolve themselves of personal responsibility.

They hope to “warm up” their partner or “mirror” their own problems.

Perhaps one of them lost their job, their income ceased to be regular and the apartment simply became unaffordable. I no longer want to understand the current situation that led to this outcome.

To honestly report that there are difficulties or about your decision to move out even before the onset of a critical situation requires good fortitude and strong nerves. But they were not there.

I would not act out a similar situation further down the chain on my homeowner. This wave was absorbed by me and my airbag. And this turned out to be a good lesson for my future prudence when choosing partners.

Nowadays, the threshold of sincerity and decency has noticeably dropped both in business and in personal relationships between people. If you choose between staying on the street or being deceived and incurring debts, many will silently choose the second.

So that you do not make my mistakes with your tenants and tenants, I want to convey to you the recommendations of my real estate agent friend.

Tatyana helped me out in this difficult situation. She helped clean everything (invited a team of cleaners), updated the furniture (gave recommendations on where and what is best to buy) and found new tenants.

4 valuable tips from Tatiana Verezhnikova, real estate agent with 15 years of experience

♣ If you have a second set of keys, always keep it with you.

Never, ever give all the keys to your apartment to your tenants. It would be even better if there was a second lock on the front door. You don’t have to leave the key to it at all. Let them lock the door with one lock. In the event of problems or serious losses, you arrive and lock the apartment with your key and wait for the residents to talk.

Never neglect to renegotiate your lease.

Perhaps this is my main mistake. I forgot to renew it. Residents monitored the law, prepared, gained the courage to resist steadfastly and went all-in. My unprepared and chaotic plan to put pressure on the phone 1200 kilometers from the site failed miserably. Spare no expense and do it regularly! Renewing a contract at any agency costs from 500 to 2000 rubles. This can keep you out of trouble.

♦ Change your utility payment strategy.

Take this responsibility upon yourself. Take money from the tenant immediately for rent + utilities. Print the average number. For example, 15,000 rubles - rent + 2,500 CU on average for the year. So set your bet at 17,500 rubles and receive it in your hands. You can pay for CG remotely by saving payment templates once in Sberbank.Online or through other payment systems.

♠ You need the determination to act immediately.

Remember - this is your property, even after a certain period of use. Let only your past dreams live in this property, and not you yourself. If the issue is the size of the rental rate, then this matter is solvable. But if there is no payment from the tenant - 3 days and we pack our bags. There can be no delays.

The situation with apartments for rent in major cities will not change in the next 50 years.

This is still a seller's (Landlord) market and only you decide who will live in your home while you are not there and under what conditions you will trade access to it in exchange for payment.

I hope these tips will help you avoid making mistakes when choosing your own home or when renting out your property.