What is a rental security deposit? What can be secured with a security deposit? What documents does the tenant receive

Security deposit when renting an apartment.

Tatyana Mamonova - in Moscow.

8-903-170-13-84 Rent of apartments, rooms.

Collection security deposit when renting an apartment, this is a common measure to protect your interests and property. The insurance premium is designed to ensure the obligations taken by the tenants under the contract for renting a dwelling.

For some owners, renting an apartment is an additional, and for many, the only income. And like any business in which we invest, rent should only bring income and preferably constantly. Well, at least we hope so. When settling, the parties sign under long-term obligations. The owner relies on the money from the rent, against which, in turn, he can also take financial obligations. Paying off a loan, for example. Like any extra cost, a damaged refrigerator, or a sudden congress of tenants, by no means is included in our plans. In this regard, many owners are thinking about how to protect themselves from possible negative consequences.

The sum insured is intended to provide some kind of airbag. It is rare for any of the tenants to leave no traces of being in the apartment - damaged furniture, appliances, flaws in cosmetics, communal debts.

In case of early termination of the contract, the deposit is designed to exclude losses as a result of the downtime of the apartment or minimize them, so that the owner or his representative - agent has the opportunity to quickly respond to changing circumstances and take measures to find new tenants.

The contract must include a clause according to which the tenants are obliged to notify in advance, no later than 30 or 14 calendar days, of the proposed release of the apartment. In case of non-fulfilment this provision, the security deposit must be withheld as compensation for possible lost profits as a result of the forced downtime of the apartment.

Also in without fail, the contract must include an inventory of the property with a list of furniture and household appliances, indicating the serial number.

The deposit has two main tasks - insurance in case of an unexpected break in contractual relations and ensuring the safety of property left in the apartment.

Nothing disciplines people like the possibility of losing money. Often, renting out an apartment is a delicate process. psychological game with jewelry settings. He sits down to play which is better to have this trump card up his sleeve - an insurance deposit.

How to rent out an apartment.

The phrase flies on the world - "First - Last." Everyone is talking, but not many know what. The owners know what they SHOULD take. And for what to take, how to take - they do not understand. Most owners, in general, do not see the difference between these two different concepts and merge them together, others often confuse.

In the classic scenario, tenants, when signing a tenancy agreement, must pay a month's advance payment in advance and pay a security deposit equal to one month's rent. The owner puts the insurance deposit in a distant box and waits in the wings. If you wish to move out of the apartment, the tenants are required to notify the owner in advance, 30 calendar days in advance, of the release of the living space, and pay the last month of their stay as usual. At the time of eviction, the owner makes a full settlement with them, using the amount of the security deposit as an instrument. If all property is in order, all Appliances works, no damage has been caused to the repair, there are no arrears in utility bills, then the insurance deposit is refundable in full. If there are any shortcomings in cosmetics, in technology, in a communal apartment, the amount of costs is agreed upon and deducted from the insurance premium.

The most common misconception is when, instead of returning the sum insured or using it to make full settlements, the owners offer tenants to live the last month on account of the security deposit. Instead of postponing insurance, in 90% of cases, this amount is not found in the hands of the owners - the money is often spent long ago. And if damage is detected, in the process of tenants living, all repair costs fall on the shoulders of the owner of the apartment. And they have already pulled out their trump card from the deck.

Historically, the huge demand for housing has spoiled Muscovites and developed in them a purely consumer attitude and the habit of "squeezing" from renting an apartment to the maximum, without investing anything. If only they would pay more. And what happens next is not important. Well, how could it be otherwise, when the owner knew that he would rent an apartment anyway - without repair. Such conditions did not stimulate the owner to make unnecessary movements. They didn't care what condition the apartment was in, who lived there, and what was going on there. And the apartments, as a result of such an attitude, dilapidated and gradually turned into a barn. No one, of course, undertakes to judge - everyone spins as best he can. But the times when apartments were rented out in any condition for a lot of money are gone forever. Apartments with old furniture, where the renovation was the first and last time when renting a house, most tenants are not impressed. Now, the market forces owners to devote more time to their real estate, to offer Better conditions both in terms of condition and payment in order to attract tenants. And more and more often, owners are thinking about how to protect their investments and leave the apartment in its original form.

A deposit and an insurance deposit, payment for the last month are not the same thing, they are three different concepts.

The payment for the last month is an advance payment for the last month of stay. In turn, prepayment may be charged several months in advance. In contrast to the payment for the last month, the security deposit and the amount are refundable.

The deposit is paid by the tenant to the landlord as security for the obligation to pay the monthly rent. I'll give you an example. Tenants undertake to pay the monthly rent for the apartment on time and at the same time transfer a certain amount as a security deposit to the owner so that in case of non-payment of the rent, their obligation to pay would be fulfilled on account of the amount pledged. When signing a tenancy agreement, a deposit (usually equal to the monthly rent) may be provided for in order to guarantee payment for the last month of tenants' residence.

When renting an apartment, the owner must clearly understand why he takes the second amount from the tenants. Is this money as a confirmation of the intention to live in an apartment for at least one more month without claims to the state and property? Or, after all, is it insurance against damage to property and a premature break in relations?

Depositing several amounts at once, and even taking into account the commission of the agent, aimed at different tasks, seems hardly possible. Since for many employers this is simply an unbearable amount. So here you have to choose. What is more important - income or condition of the apartment?

The substitution in the mind and in practice of these two different concepts sometimes entails irreversible consequences. This is the main, most common, gross strategic mistake.

When should a security deposit be charged?

A security deposit is worth taking in all cases when there is something to take for. Even the presence of some kind of repair and a minimum set of household appliances is a good reason for charging a deposit.

In cases where the apartment is turnkey - renovated, with everything necessary for living household appliances and furniture, a security deposit must be taken. In cases where the apartment is “killed”, in an average condition, where there is nothing special to take out and break, I would not recommend trying to extract the sum insured from the tenants. Such apartments are already poorly rented, and here they will be weighed down by the burden of a deposit. Agree, not very attractive conditions. In any case, even if a decision is made not to take, in full or in part, a deposit from tenants, some symbolic amount, for example, in case of arrears on utility bills, I would still recommend collecting it.

How much is the security deposit when renting an apartment?

The amount of the security deposit is usually equal to the monthly rental rate. Let me explain, if you rent an apartment for 30 thousand rubles a month, then the amount of the security deposit is also 30. The payment procedure is generally accepted conditions for the market. The insurance deposit can be paid by the tenants in the entire amount immediately upon signing the contract, or the payment of this amount can be “split” into 2, less often 3 months. There are cases, in apartments with expensive repairs and appliances, when the deposit is not broken, there is where it is taken in the 2nd size.

About the return of the security deposit.

If all the essential terms of the agreement are met by the tenants - everything is in its place, nothing is damaged, there are no debts for a communal apartment, if the tenants have complied with the clause according to which they are obliged to notify the apartment owner in advance about the release of the premises, no later than 30 (or 14) calendar days , only then the security deposit is refundable in full.

How to assess the damage caused to the apartment.

In such cases, they usually agree amicably - the owners of the apartment, together with the tenants, assess the damage, come to an agreement on the amount of compensation and deduct it from the deposit. Often, apartment owners do not come to a common denominator with tenants in terms of damage. Well, of course, in the eyes of the tenants, all the damage will seem like trifles, in the eyes of the owner - a significant loss. In disputable situations, it is worth resorting to the help of third parties. For example, if an electric stove is damaged or the ceiling is dirty, the master will determine the possibility and amount of repair.

There are cases when the amount of damage caused to the apartment is much higher than the amount of the deposit. Under these circumstances, if the property was not insured, all costs will fall on the shoulders of the owner of the apartment. You can, of course, go to court to protect your interests, but not many people decide to take such a step. Since it entails a number of certain consequences. In order for the problems not to accumulate and grow like a snowball, I strongly recommend that you visit the apartment with inspections. Once a month will be enough. If deficiencies are found, demand immediate correction and repair. Then the apartment will always be in perfect order.

Photo or video recording will help to confirm the damage caused to the apartment, in extreme cases, the involvement of third parties (agent, neighbors, police) for certification, with the preparation of an appropriate act.

What is a deposit when renting an apartment? An insurance deposit is a certain amount that is paid by clients planning to rent an apartment as security for their obligations under the contract, as well as some kind of insurance in case of unforeseen damage to property. Also, the security deposit will help in case of evasion from duties, for example, from paying utility bills.

The very concept of an insurance deposit is not fully spelled out in the current Russian legislation. That is, at the time of the conclusion of the contract, the landlord himself can put forward requirements regarding the guarantee amount.

The difference between a security deposit and a security deposit

Let's take a closer look at what a deposit means when renting an apartment. Do not confuse a security deposit with a security deposit, because it is legally significant different concepts. A deposit is a certain amount agreed in advance, which the tenant must transfer to his landlord to confirm the seriousness of his intentions. It is a kind of analogue of the reservation. The deposit must be transferred at the time the parties sign the rental agreement and must be the amount of the rent for one month's stay. A security deposit is the amount that will be compensation to the homeowner in case of damage to property. It is inappropriate to stipulate a security deposit if the tenant is going to rent only part of the housing, in which the owner himself will live. For example, when renting one room. Because in such a situation, the owner will be able to control the actions of the tenant and the condition of the property. If the amount of compensation is large, then it can be divided into several months. But all these subtleties should be spelled out in the lease. What is a deposit when renting an apartment is interesting to many.

Making an insurance deposit

The security deposit does not require a separate document, because it cannot be regulated by any legislative acts. All clauses of this agreement are prescribed in the text of the main rental agreement. If during the transaction the contract is not drawn up, then neither of the parties has guarantees, so they will not be able to demand anything from each other.

At the legislative level, a transaction on the transfer of real estate for temporary use requires that:

• the contract was in writing;
• a clause on the security deposit was included in the contract, which indicates its amount, date and risks that it can cover if necessary. It is also equally important to indicate the procedure for the return of the deposit in the absence of damage to property. What is a deposit when renting an apartment in Moscow? This is a common question.

Rules for issuing an insurance deposit

The insurance deposit at the time of concluding a rental transaction is a guarantee of the honesty of the parties included in the contract. The deposited amount is written in it verbally and digitally. If the transaction is carried out by a realtor, he must also sign the contract as a guarantor. And this means that he will be obliged to take part in further possible conflict situations between the parties regarding the damage caused to property and the return of the amount of the security deposit.

How to transfer the amount?

The amount of the security deposit when renting an apartment can be transferred in cash or with the help of a bank. The second option is preferable, because the payment will be confirmed by a receipt from the bank. During a cash settlement, the owner of the property must sign a receipt for the money received, or an act of acceptance and transfer of funds must be concluded between the parties. It is advisable to fix the fact of payment in the contract itself.

Common Mistakes

Quite often, the insurance deposit is replaced by payment for the last month of rent. This is not scary for the tenant, but this may threaten the owner of the property with the fact that he will receive payment for the last month, and no one will be able to compensate for the damage caused to the property. Sometimes tenants refer to the civil code, which states that property must be leased subject to normal wear and tear. This results in no compensation, as the damage is considered normal wear and tear.

What is a deposit when renting an apartment is now clear. But what else is important to know?

Is it possible to save?

If the owner wants to rent the premises without furniture in a very poor condition, then the security deposit should not be present in the contract, because he risks practically nothing. And in all other cases, it will be more profitable for the owner to rent the property with a security deposit.

In order for the owner of the property not to be able to attribute other people's debts to you, ask him for a certificate from the telephone center and the management company that there is no debt - in this case, you will be responsible to the owner only for what you yourself allowed.

You can take a lot of photos from different angles, in which it will be easy to see all the damage to the property, so that the owner cannot subsequently insist on the return of losses that you did not commit.

In order to really save money, you can agree with the property owner to divide the payment over several months, and indicate in the contract the details related to the security deposit: in what amount and when it will be necessary to transfer funds. You can also save money on the last rental fee of the property: maybe the landlord will agree to accept it instead of paying the rent. To do this, you need to know what a deposit is when renting an apartment in advance. Many disputes about the taxation of the security deposit have no legal basis: this amount cannot be the income of the owner of the property, it is listed only as a guarantee measure and must be observed taking into account compliance with the contract, which means that the owner will not be able to save on taxes.

The landlord can save: if the lease is terminated early, the funds will compensate for the loss of real estate fees. Without a doubt, all sums insured, as well as the conditions for the return of the security deposit, must be clearly stated in the lease agreement. What is a deposit when renting an apartment by the day?

What does the law say about the security deposit?

The transfer of the security deposit must be on the basis of a rental agreement, which means that it is necessary to issue contractual relationship, regulated by Chapter 35 of the Civil Code of the Russian Federation, and the tenant is obliged to pay a deposit or a deposit for renting residential real estate. Under the insurance deposit, or deposit, as a rule, it is customary to consider a certain amount that must be transferred to the homeowner in order to guarantee in case of damage to property.

If the tenants change their mind about entering into a lease, then this amount should remain with the owner of the housing, and if, on the contrary, the owner changes his mind, then he must return the double amount. This is what a deposit is when renting an apartment in law.

Summing up

In practice, as a rule, when concluding a residential property lease agreement, the concepts of "insurance deposit", "deposit" and "rent payment for the last month of residence" are very often confused (by the way, such a concept does not exist in legal practice). In order to draw up a legally competent contract, it is necessary to provide for independent clauses: on a deposit, with the help of which the payment of the payment for the last month of the tenant's stay can be guaranteed (refunded if the last month is paid on in the usual way); about the security deposit, which is required in case of damage to the property of the owner (should be returned to the tenant in full); prepayment for the last month - is a one-time payment of the amount of rent for several months.

Very often, if a deposit is made, they do not pay the last month of residence. It is because of this that there is a violation of the rights under the lease agreement.

But if the lease only contains a deposit, which was eventually donated instead of paying the rent for the last month of living, then with what money can the owner compensate for the damage caused to the property, debts for utilities, telephone, Internet, etc.? It would be wise to provide for both legal institutions in the lease agreement. But it is quite obvious that paying several amounts at once (especially including the real estate commission) is very often impossible for tenants, and such issues should be resolved by finding compromises. So, we examined what a deposit is when renting an apartment.

Many citizens today practice renting out their property. This kind of business has its own characteristics, subtleties.

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First of all, they concern precisely the execution of all necessary documents in this case. The provision of housing usually takes place on the terms of a lease agreement.

One of the most frequent items, which is optional, but desirable, is the section on the deposit. This allows you to simultaneously solve an extensive list of different tasks at once.

But before signing an agreement when renting an apartment with a deposit, you will need to carefully study all sections of the agreement.

Most often, all kinds of difficulties arise precisely because the parties do not understand the main provisions of this kind of document.

Basic moments

Separately, it is worth noting that the contracts for hiring residential premises that are in municipal or state ownership have distinctive features.

In the NAP under consideration, a separate article stands out -.

The main list of sections that must be present in the agreement of the type in question is reflected in.

Before you start drawing up the agreement form, if this process is performed independently, you will need to carefully study this article.

The presence of errors can be a serious problem. Especially if it will later be used as a reporting document.

The format of payment for a dwelling that has been rented out should also be covered in the contract drawn up between the tenant and the landlord.

The variety of such is determined precisely on the basis of the civil status of a particular property owner.

It will not be difficult to figure out what a deposit is when renting an apartment in St. Petersburg. In the territory this city standard rules for renting real estate apply.

In this case, you will need to carefully consider the formation of an agreement, which includes the need to pay a deposit.

Most often, all kinds of proceedings in court arise due to a misunderstanding by citizens of all the basic basic requirements for an agreement.

In turn, the parties to the contract should carefully read the basic terms of the contract.

Only in this way it will be possible to avoid various difficulties, all kinds of negative consequences.

If the rights of one of the parties are clearly violated, it is necessary to try to resolve the issue peacefully.

Only if for some reason it was not possible to do this, it will be necessary to go to court. Pre-trial proceedings are strictly mandatory as such.

Today, there are certain consequences associated with the termination and failure to fulfill obligations that were previously secured.

In the absence of experience in conducting such activities regarding the lease, you will need to contact a qualified lawyer, realtor. You just need to remember that there are a lot of scammers in this area.

What does a deposit mean when renting an apartment

Before you start using the apartment, you will definitely need to figure out what a deposit is and what it can be legally used for.

There are a number of the most different nuances associated with this type of sum. Moreover, they are fixed at the legislative level.

It is theoretical training that will help to avoid a variety of technical difficulties in the preparation of documents.

The basic questions that need to be sorted out in advance include today:

• what is its essence;
• difference from pledge;
• return procedure;
• what could be the downsides.

What is its essence

The main purpose of the deposit is to protect the interests of the landlord himself. It is assumed that the entire amount of such will be placed with him or on a special bank account.

Access to which can be obtained only under certain circumstances.

In turn, for a citizen who is an employer, any practical use no such deposit. At the same time, in the absence of it, it is usually impossible to rent a house at all.

IN major cities it is not uncommon for tenants to simply disappear and fail to pay part of the rent.

And also spoil the property inside the apartment itself or outside it. For example, there is a flood.

In this case, you will need to pay a deposit. The value of this depends on the value of the apartment itself.

Difference from pledge

There is one important difference between a pledge and a deposit, and that is the purpose of the funds used in this way.

It implies the payment of the last month of living in a particular apartment or the repayment of a debt in case of an unexpected congress of tenants without warning.

The deposit, on the other hand, has a wider purpose - it can be used as compensation for damaged household appliances, as well as for other purposes. For example, if there is flooding of neighbors from below, it’s different.

Return policy

If there are no difficulties when renting an apartment, then the deposit can be returned. The procedure for implementing such a procedure may be different.

If the contract was not concluded and the deposit was simply transferred from hand to hand, then it is possible to simply transfer it back in the same way. The situation is different if a formal contract was concluded.

In this case, you will need to use, which will act as an official confirmation of the transfer of funds.

Since it is not uncommon for unscrupulous landlords or tenants to go to court - although all the terms of the transaction were met.

That is why the best solution would be to make a cashless payment. In this way, the likelihood of fraud will be excluded.

Video: the difference between Pledge and Deposit

Since banks store information about all transactions for a very long period of time. You will need to familiarize yourself with all the intricacies of the process in advance.

In some cities, the size of the deposit reaches quite significant amounts. Therefore, you need to be as careful as possible.

What can be the disadvantages

Having a deposit or collateral has many different advantages. First of all, this applies to the lender himself.

Since the owner of the property will be financially protected from the occurrence of all sorts of difficult situations.

For example, from damage to property by the tenant. Situations of this type do occur. On the other hand, there are downsides. Renting out housing in this way is quite problematic.

Since the amount in the presence of a deposit increases accordingly when renting immediately by 2 times. The way out of this situation is to pay the deposit in installments of 50%.

In rental advertisements, we often see wording that seems to unambiguously imply additional costs for the tenant: “deposit - one monthly payment”, “payment - the first and last month”, “deposit” ... Those who do not want to delve into legal subtleties can seem like it's just different names for one process - a relatively honest withdrawal of money from the tenant. But let's take it in order. Let's start with the security deposit.

What is a security deposit and what is it for?

First of all, the security deposit is not a deposit or payment of the last month's rent. Other names for this instrument do occur: for example, a security deposit, a security deposit. But it is important to understand that the differences from a deposit and an advance payment are significant, and misunderstanding of this difference can lead to conflicts at the end of a rental relationship.

The essence of the security deposit is that the tenant credits the landlord's account with the amount agreed by both parties (often it is set in the amount equal to the monthly rent, hence the confusion), to ensure compensation for possible damage to the rented property.

“When concluding a lease transaction and instructing apartment owners, we always say that the security deposit is a kind of refundable amount that can in no way be used as payment for the last month and is in no way connected with the rental deposit,” says Vadim Lamin, Head of Penny Lane Realty Luxury Apartments Leasing Department. – A security deposit is a certain contribution equal to one rental rate, which provides comfortable conditions for the homeowner in case of possible damage to the property of the apartment by the tenant. I'll tell you in more detail: the annual contract has ended, the tenant has paid for the last month, the procedure for the reverse acceptance and transfer of the apartment is underway, and here the insurance deposit that was kept by the owner of the housing pops up. At the act of acceptance and transfer, the owner inspects the apartment. The owner clarifies if everything is in order with furniture, repairs, phone bills, etc.” The amount of possible damage, refurbishment, and other costs to bring the apartment back to its original form is estimated. After deducting these costs, the owner must return the amount of the security deposit to the tenant. If no damage was caused to the property, the full amount of the security deposit is returned to the tenant. Thus, the main purpose of the security deposit is to protect the interests of the owner of the property.

"It's more correct to call this species security deposit payments. Its meaning is to ensure the obligations of the tenant for the careful handling of the property of the landlord, - says Oleg Seregin, Deputy CEO AN DOKI. - It is charged in case of damage to the property of the landlord. Returned or not returned at the end of the rental period. The payment amount is calculated depending on the cost of furniture and household appliances. Sometimes it's more, sometimes it's less. Typically charged at 100% of the monthly rental fee.”

What is the difference between a security deposit and a security deposit?

A pledge or deposit was originally called the amount paid by a potential tenant in confirmation of his obligation to rent this apartment before a certain period (a kind of “booking”). In this understanding, the deposit is not currently applied for rent, with rare exceptions. The wording "deposit - 1 month", which most often appears in advertisements for renting inexpensive housing, speaks specifically of an insurance deposit. “A security deposit for renting an apartment and a deposit for renting today are different names for the same concept.

The security deposit is taken at the time of the conclusion of the lease agreement and is usually equal to the monthly cost of the lease. The security deposit is never accepted as payment for the last month of stay, it is not a payment, it is a reserved amount of money in case of possible damage to the property of the owner, unpaid utility and telephone bills, and so on, ”says First Deputy Director of MIEL-Arenda Maria Zhukova.

In a word, there are two contents for the concept of pledge: one of them, outdated, is a deposit that is issued before the conclusion of a lease agreement, and the second is a security deposit. By the way, confusion exists not only with the concept of collateral: the very concept of “insurance deposit” does not exist in the legislation. This leads to disputes on various issues, which can be divided into:

• Disputes about the legality of using a security deposit for: securing obligations to pay rent and obligations to compensate for damage to leased property, as well as to compensate for early termination of a lease.
• Disputes about the legality of taxation of the insurance deposit (there is no generally accepted point of view on this matter, but more often it is believed that the deposit is not subject to personal income tax, since it is not income. Regarding the payment of VAT on the amount of income tax received, decisions are made individually, based on the specific situation) .

The use of the term "pledge" is quite acceptable, as well as the term "security deposit" when it comes to a security deposit.

Can the security deposit only be used to cover damages when the tenant moves out?

In some cases (specified in the lease / lease agreement), the security deposit can be used to fulfill obligations to pay rent and other obligations assumed by the tenant under the agreement. The insurance deposit is essentially a contractual way to ensure the fulfillment of obligations, and obligations, according to the Civil Code, arise from the contract, due to harm and from other grounds. The parties have the right to establish specific types of obligations in the agreement (including obligations to pay rent or rent, obligations from causing damage to the premises, etc.), for which a security deposit can be used, notes Alla Lyagina, director of the legal department at IntermarkSavills.

The security deposit and the last month's prepayment are completely different things, but if it is specified in the contract, the deposit can be used to pay the last month. The landlords are not always willing to go for this option, because it turns out that the last month of the tenant's stay is not financially secured, and all breakdowns and violations in the event of conflicting behavior of the tenant will have to be eliminated by the landlord at his own expense. However, if during the course of a year (or more) relations with tenants developed without problems, most likely they will not have a desire to “recoup” in the last month.

Is it possible to save on the insurance deposit?

It is unprofitable for the landlord to do without a security deposit, as it protects his property from damage. Based on today's practice, a deposit, more often called a pledge in the economy class segment, is mandatory in most cases. “An exception may be a room rented by landlords living in the same apartment. This is explained by the fact that the owner has the opportunity to monitor the safety of property and the timely payment of all bills, ”says Elena Merkulenkova, head of the Park Kultury department of the Inkom-Nedvizhimost company.

“As a rule, a security deposit is not charged if the apartment is “killed”, but basically the landlord always sets a requirement to make this amount. Both the landlord and the tenant need to establish in the contract the procedure for withholding payment (in case something happens), the procedure for determining damage, as well as the procedure for return, including the return period. As a rule, the payment is returned on the day the lease ends, ”says Oleg Seregin.

The deposit is made at the conclusion of the lease / lease agreement. An act of acceptance and transfer of property is drawn up, in which all property (furniture, plumbing, household appliances, etc.) and its condition are listed, defects are recorded. You can take a picture of the apartment and send a set of photos to each party (if the contract is concluded through an agency, this is most likely included in the standard package). It makes sense for the tenant to check in advance whether there are any debts for utility and other payments in the rented apartment.

With regard to savings, the deposit is often broken down (paid to the apartment owner by the tenants within 2-3 months), the term and procedure for making this payment are indicated in the contract: when it is paid, in what shares (if in installments) and in what terms each part is paid, etc. n. For convenience, you can include in the contract a clause stating that, with the written consent of the landlord, the security deposit can be used to pay the last month. The basis for the return of the deposit to the tenant will be the agreement and signing by the parties of the act of returning the property.

Renting an apartment is a rather profitable business, but risky, especially for landlords. Many property owners want to protect themselves and their property from dishonest tenants. A deposit acts as such a guarantor. An insurance deposit when renting an apartment is a kind of compensation for possible damage, an airbag for the landlord in case of damage to property or the formation of arrears in utility bills. More about this and will be discussed in the article.

Security deposit when renting an apartment

What is a deposit when renting an apartment and how is it calculated? The amount of the contribution is determined by the parties based on various reasons. Sometimes, it can be the average price for one piece of equipment in the apartment, or just some arbitrary amount, but more often than not, the insurance payment is equal to the cost of living for a month.

When the lease period comes to an end, the owner must inspect the premises and all the things in it. In case of damage to something, the amount necessary for restoration will be deducted from the deposit.

It happens that the size of the deposit is not enough. Then the tenant must pay required amount. If, after buying a new thing or carrying out repairs, cash remain, the landlord is obliged to return them. It is possible that the apartment will not be damaged, and utility bills will be paid in full. Then the deposit is returned in full.

The insurance deposit is a guarantor of compensation for material damage in case of damage to property

Legal regulation of the insurance premium

There is no clear regulation of the deposit by legislation. It is indirectly affected by articles 662 and 1064 of the Civil Code Russian Federation. The first states that all property transferred for temporary use must be returned in good condition, but taking into account natural wear and tear. That is, the landlord cannot demand from tenants to reimburse the repair of a tap that is dripping from old age or pay for the purchase of new curtains, since the old ones have faded in the sun. But if the tenants' pets broke the wallpaper, or the tenants themselves, for example, broke the mirror, they must pay for the damage caused. This is evidenced by article 1064 of the Civil Code - to compensate for the damage in any way by agreement of the parties.

Article 329 of the Civil Code calls on the parties to the contract to independently decide for what purposes and under what circumstances the security deposit will be used.

All this should be written in the lease agreement or in an appendix to it. Most often, the contribution is used:

• to pay for the repair of a damaged item;
• to buy a damaged item;
• in case of non-payment of utility bills;
• at early termination lease agreement unilaterally.

It is very important that the contract contains all the points under which the owner of the apartment has the right to use insurance funds. When it is determined what the deposit will be used for, as well as its size, it is time to pay the amount. Payment can be made in cash or non-cash payment. In both cases, a receipt must be drawn up, where the passport data of the parties and the amount that was transferred will be registered. For non-cash payment, an additional confirmation is a bank statement.

The amount of the security deposit is returned to the tenant at the end of the lease term

Act with inventory of property

Of course, the tenant also wants to protect himself and not pay money in vain. In order to avoid misunderstandings at the end of the lease term, it will not be superfluous to draw up an acceptance certificate, which will describe in detail the condition of the apartment. It is necessary to paint everything, indicating all the features and nuances (scuffs, chips, scratches, and so on):

• general condition of the apartment;
• furniture;
• technique;
• plumbing.

Such an annex to the contract will help the tenant feel more confident and avoid possible disputes between the parties. Be careful when compiling this document, do not be lazy to specify everything in as much detail as possible. If something is missed, then in the future it will be difficult to claim damages for a breakdown or, conversely, to prove one's innocence.

Additionally, it is worth indicating the state of payment of utility bills: meter readings, the presence of debt or overpayment. If possible, attach photographs of the apartment with all its contents to the act. All this must be certified by the signatures of the parties to the transaction. Of course, you do not need to make an inventory of the property, but in this case, it will be difficult to prove when, for example, a vase was broken. Without the relevant documents, all statements are unfounded.

How is the deposit returned?

So, the lease agreement has ended - what will happen to the deposit? The landlord must check the apartment and property to make sure that the tenant returns everything to him in good condition. If there are no claims, then the sum insured is returned to the payer in full. The transaction, as with payment, is accompanied by a receipt. It must indicate that the amount of the security deposit was returned, its size, passport details and signatures of the parties.

Unfortunately, in practice, damage to property is a fairly common phenomenon. If this fact was discovered, then under the lease agreement, the former tenant is obliged to compensate for the damage caused. If appliances or furniture are broken, you need to pay for the repair or purchase of a new item. If the repair is damaged, then cover the cost of materials and labor.

Often in the first case, the parties cannot agree on a repair or replacement. And it is better to prescribe this moment in the contract at the stage of the initial transaction. Most often they choose what will cost less.

It may also happen that the amount of the insurance payment is not enough to cover the costs. Then the tenant must pay the owner of the apartment the necessary difference. In the opposite situation, the remaining amount is returned by the landlord. When assessing damage, one should not forget about the aforementioned Article 662 of the Civil Code of the Russian Federation, which refers to depreciation. Things can become unusable due to natural wear and tear, and the tenant does not have to pay for this.
If the parties cannot reach a common agreement, then their dispute is resolved in court.

The insurance deposit is drawn up in the lease agreement

Benefits of a security deposit when renting an apartment

Not everyone agrees with the payment of the sum insured when renting a home, but most often both parties agree for its availability. It is the security deposit that is the insurance of the interests of both the landlord and the tenant. But first of all, it ensures the safety of the owner of the apartment:

1. Reduces the risk of property damage.
2. If damage is discovered, you will not have to compensate for it from your own funds.
3. If there are unforeseen (unpaid) invoices, you will not need to pay them yourself.
4. At the request of the parties, you can prescribe a lot of additional points where the insurance payment will be applied.

But everything is not so perfect: the deposit for the apartment can be much less than the damage caused. And the actions in this case are also better described in the contract.

At first glance, it may seem that the insurance premium is beneficial only to the owner of the apartment. However, this is not so: he guarantees the provision of the necessary living conditions to the guest. The disadvantages here include additional costs. But if the property is handled with care, then the amount of the deposit will be returned in full, and the tenant will not suffer any financial loss.

Renting an apartment without insurance

Having studied the real estate rental market, you can see that not all homeowners require an insurance payment. Sometimes you can do without it. Most often, its use is refused in the following cases:

1. The apartment is unfurnished. But even then, it makes sense to consider the option of a deposit - after all, there is at least plumbing and repairs, which can also be spoiled. For example, break a window or sink.
2. The apartment is in poor condition. Here, as they say, "the master is the master." The tenant agrees to live in such conditions, while saving on rent and the deposit is his choice.
3. A room is rented out, while the owner of the apartment lives here and can constantly monitor the order and safety of the property.
4. Personal desire of the landlord.

But still, most often apartments are rented and rented with a security deposit.

The security deposit differs from the pledge by the return guarantee

The difference between a deposit and a pledge

A lot of people (both property owners and their tenants sin this) do not understand the difference between collateral and insurance payments. And it is very good if the transaction is made with the help of a real estate agent who can clearly explain the difference between these concepts.

A deposit is a one-time payment that is transferred to the owner of the apartment at the time of the conclusion of the contract and, as it were, confirms the tenant's desire to rent this particular housing. If for some reason the tenant changes his mind, security deposit is not returned. The amount of the deposit is fixed and is equal to the monthly payment. That is, in fact, the new tenant pays the landlord for two months of living in the apartment - for the first and for the last.

The further fate of the pledge must be documented. Most often there are two scenarios:
The amount remains until the end of the lease, and then simply covers the last month of living in the apartment. This is convenient for both parties. The owner of the apartment is not afraid that the tenants will move out and not pay.

It is simply beneficial for the tenant, since moving from place to place is a costly event, and here is a month of paid rent. The amount is returned to the tenant in 2-4 months, subject to timely payment of accommodation and utilities. This option is less popular, but not excluded.

Summing up, we can say that the insurance deposit is an excellent tool that provides additional protection to the property owner from possible losses. In practice, it has long been used in all civilized countries, and both sides do not doubt its significance. The main thing that is needed when collecting a security deposit is to correctly draw up an agreement, describing all the nuances, and then the insurance premium will really fulfill its main function.