What you need to know when renting an apartment. The realtor is not an expert in his field. Legal protection for a tenant

The concept of renting a dwelling. Housing rental is considered to be the case when one person is ready to live for a certain fee in the apartment of another person who is the full owner (Article 671 of the Civil Code of the Russian Federation). The parties in this case are called:

Landlord - the owner of the rented apartment (about who the landlord or landlord is, as well as his rights and obligations are described in).
A tenant is a person who rents an apartment.

Renting an apartment by law must be registered with the tax service. According to Article 674 of the Civil Code of the Russian Federation, if it is concluded for a short period (less than one year), then its registration with the tax service is not needed (a short-term contract of employment is described in). But if the contract is long-term, then it must be submitted for registration within one month from the date of signing.

Article 674 of the Civil Code of the Russian Federation. Residential lease form

The tenancy agreement is concluded in writing.
Restriction (encumbrance) of the right of ownership to a dwelling, arising on the basis of a lease agreement for such a dwelling, concluded for a period of at least a year, is subject to state registration in the manner established by the law on registration of rights to real estate and transactions with it.

Is it worth filming?

Usually, housing is rented when there are hopeless situations.

Most often, such situations are those when there is no own housing or it is, but a person does not want to live with other people.
Or when a student moves to a foreign city, and there is no hostel there.
Or when the children grew up and decided to move out from their parents.

Renting an apartment is worth it if a person is aware that he will have to not only live in this place, but also pay for rent and, possibly, utilities.

You need to be prepared that in case of the slightest delay, you will be asked to leave immediately.

Which is better: renting a house or taking out a mortgage?

What is more profitable to rent an apartment or take a mortgage?:

On the one hand, it is better to take a mortgage loan and if you pay money, and not small ones, then at least for housing, the full owner of which you will later become! The mortgage amount will not be small, but in the end you will be left with an apartment.
On the other hand, taking a mortgage loan automatically obliges you to be more attentive and accurate in relation to your work, and in the event of any unforeseen situations related to the apartment, you will have to deal with this as the owner.

Therefore, many want to avoid a heavy burden of responsibility, both moral and financial, by choosing to rent an apartment for many years. But in this case, it is worth remembering that you are paying a stranger, and after all you will be left with nothing.

How old do you have to be to be a tenant?

How old do you have to be to rent an apartment? The tenant has the right to conclude contracts strictly from the age of eighteen. Of course, there are cases when officially a citizen takes full legal capacity before the age of majority.

Usually the exception is the conclusion of a marriage union before the age of eighteen years. In this case, the teenager can be fully capable and enter into any contracts (Article 21 of the Civil Code).

Article 21 of the Civil Code of the Russian Federation. Legal capacity of a citizen

The ability of a citizen through his actions to acquire and implement civil rights, create for oneself civic obligations and fulfill them (civil capacity) arises in full with the onset of adulthood, that is, upon reaching the age of eighteen.
In the case when the law allows marriage before the age of eighteen, a citizen who has not reached the age of eighteen acquires legal capacity in full from the time of marriage.
Legal capacity acquired as a result of marriage shall be retained in full even in the event of dissolution of marriage before the age of eighteen.

When declaring a marriage invalid, the court may decide on the loss of full legal capacity by the minor spouse from the moment determined by the court.

detailed instructions

How to find your corner that is right for you?

What to pay attention to?

What you need to know when renting an apartment and what to look for:

Pay attention to why past tenants moved out of the apartment. Maybe they just found a better option or bought their own apartment, but it can happen that the landlord is a terrible brawler!
Status of utility bills. A large debt can threaten a power outage.
On the condition of electrical appliances and household appliances if it is available in the apartment. You need to check with the owner. Since landlords often like to blame minor repairs on tenants.
Home area and view from the window. If a bright nightclub sign is lit in front of the window or a lantern is shining, most likely you will feel a little uncomfortable living in the spotlights.

You can fix the problem with blackout curtains, but it is unlikely that you will be able to sleep with an open window near a nightclub.

The procedure for mandatory verification when renting housing

What should be checked when renting an apartment? Be sure to check at the accommodation:

The presence of traces of crayon on the floor, baseboards, behind pipes may indicate living creatures like cockroaches, ants, wood lice, bedbugs and others.
If there is an automatic air freshener at the entrance to the apartment, you should turn it off and listen to the smells of the apartment. It happens that the owners try to mask the smell of dampness or sewage.
The presence of gaps in the frames and doors if ordinary wooden windows or poorly installed double-glazed windows are installed. In winter, all the heat will go into these cracks, the apartment will see through.
In the event that the apartment is corner, check the joints between the walls, they must be dry. Otherwise, the heat will also blow out, and in winter this corner will also get wet, because it does not dry out.
Water pressure. It happens that in houses old building upper floors lack good pressure.

How to control the owner?

How to check the owner of the apartment? In order to establish whether this citizen is really the full owner of the apartment you are going to rent, you need to ask him to provide the relevant documents. What to do with these papers:

These papers must indicate on the basis of what the person became the owner of the apartment (the right establishing documents are a contract of sale, a donation contract, a court decision, a will, and so on).
Check the passport and compare the data in the document of ownership. All information from the number and series of the passport to registration must be identical.
Ask for the right of ownership of the property or an extract from the USRR.

Important! Everything needs to be checked more carefully when you are looking for an apartment on your own, as there are many scammers.

It is much safer to contact a trusted real estate agency, where lawyers will check the authenticity and correctness of documents.

What are the essential questions to ask?

What questions to ask when renting an apartment:

cost rent;
in what terms it is carried out;
conditions of the apartment (if talking on the phone);
neighbors surrounding the apartment;
repair status;
present furniture and household appliances;
delivery date of the apartment.

All other questions are asked when viewing the apartment, for example, because of what the former tenants moved out.

And ask how many owners the apartment has. If the owner is not one, but there are several of them, then ask if other owners are ready to rent an apartment. Ask questions about how much notice you have to give your landlord about your decision to move out.

Will he visit the apartment every month and inspect it, is it possible to delay payment for several days due to some circumstances, and is the landlord ready to make some concessions on payment (for example, to agree under certain life circumstances on deferred payment).

Important! If the landlord speaks unflatteringly about former tenants and behaves rudely, arrogantly at every question, then such a person may subsequently slander you (even if all the requirements for maintaining and paying for the apartment have been met) when you move out of his apartment!

Legal regulation of renting residential premises between individuals

The rental of an apartment must be in writing only.. This will guarantee that the landlord will not hand it over to you and other third parties along the way.

And also to ensure serious intentions on the part of the tenant about the intention to rent this living space. When renting an apartment, a written contract is drawn up, it contains provisions on how to behave in certain situations, for example, if there is a flood or fire or other circumstances.

If the agreement between the parties takes place orally, it is possible that there will be a misunderstanding or that someone simply forgot about something else.

Is it possible to do without a contract?

It is possible to rent an apartment without a contract, but it is not desirable, since each party will not know their rights and obligations, for example, if the contract contains a clause stating that the owner of the apartment has the right to inspect the apartment no more than once a month, then it will be so.

And with a verbal agreement, one thing can be said, but in reality it will turn out that he will disturb the employer with his presence on a weekly basis.

Features of housing with and without renovation

So, apartments for rent without repair are usually in new buildings where there is only a rough finish. When inspecting such real estate, you should feel free to ask for a discount for living conditions if the amount is the same as for apartments rented out with repairs.

Usually, the owners who want to cash in on nothing at first do not agree, but after the delivery of the apartment is delayed for months, they willingly make concessions.

When when the apartment needs repair, you can agree to rent it on account of the repair. At the same time, discuss what kind of repair is required from him and when it will be completed, and the rent will resume as usual.

Provided that during the repair work, the tenant will also pay for all utilities. Most often, landlords go for such transactions, since they independently make repairs in an apartment where the owner himself does not live expensively and for a long time, but here there is a free labor force that pays for utilities and makes repairs.

All these aspects should also be written in the contract from the beginning of the repair work to their completion and the approximate amount spent with the sales receipts attached subsequently.

With kids

When renting an apartment with small children, it is worth writing in the contract clauses on whether the tenant will compensate for damage to the wallpaper or floor (for example, if the children painted or stuck plasticine, after which grease stains remained after removal).

In any case, the landlord must take into account that when renting an apartment to a family with children, repairs in the apartment can be ruined. Will he be condescending when this factor is discovered or will he ask to compensate for the damage caused.

As for adult children, as a rule, little attention is paid to this, since they can give an account of their actions.

Agency choice

When choosing the agency itself, you need to pay attention to both the seriousness of the company and the housing it offers. How to choose agents:

Usually, in order to rent an apartment through an agency, you must first draw up an agreement on the provision of services for the selection of real estate with a realtor, indicate in it the preferences and wishes of the tenant, as well as the amount and term of selection.
After that, the agent selects suitable apartments for you and after you agree to rent this or that living space, payment for the services of the agency is given.
The next step is to sign a rental agreement. If the company that selects housing is official, then there will be no difficulties.

As a rule, serious firms are engaged not only in the selection of housing for rent, but also in the sale, as well as other services related to real estate.

Key points

The main key points when renting an apartment:

The amount of the rent, who pays utilities, the payment term (read about the procedure for paying for an apartment under a lease agreement, and how to document rent issues and draw up a payment schedule is described).
Drafting a tenancy agreement.
Availability and condition of household appliances and furniture.
The general condition of the apartment and the house as a whole.
Neighborhood environment.
The remoteness of the area from the metro and / or city center.
Presence or absence developed infrastructure(shops, hospitals, schools, kindergartens and so on).
Availability of connected utilities (autonomous heating or central, hot, cold water, sewerage, internet, television, home phone).
Is it possible to rent an apartment with animals / children.

Conclusion

Subject to essential conditions, you can rent a home with comfort for yourself and the owners of the apartment, be calm for your future well-being and not be afraid to come to a house where things are put out on the street.

The choice of apartment location should be based on convenience.

It is logical that it should be close to the place of work, and there should also be good infrastructure nearby.

If you have children, it is important to pay attention to the presence of kindergartens and schools in the vicinity. It is also worth remembering that it is not always central regions city you can get to the very center of the city, as in such places there are usually traffic jams.

Sometimes you can get faster from the outskirts, because the road is free for the route.

Attention! If it doesn’t matter where you live, it’s better to choose housing on the periphery, and not in the center - it will turn out much cheaper. Usually in cities in areas far from the center, new houses are being built, so you can move into a newly built house.

So, where to rent an apartment? You can search for housing the old fashioned way - with the help of ads on porches, poles, fences, in newspaper ads and through friends. In this case, the search may take a long time.

The most profitable and easiest option is to search through the Internet.

It's easy to find on bulletin boards here. in social networks housing option. It is also convenient that the search can be conducted by districts, prices and other parameters.

But there is a catch here too - almost all ads on the Internet are posted by realtors and other second parties. Finding the owner is quite difficult, but possible.

What to look for when renting an apartment?

Everyone thought about how to properly rent an apartment. In order to avoid unpleasant situations, you need to look at some points.

You need to pay attention to all the things that will later come in handy for life. If something does not suit you and it is not possible to fix the problem soon, it is better to find another option.

Why is it not profitable to work with realtors?

As already mentioned, the real estate market is flooded with intermediaries who want to receive their percentage for the selection of housing, which can range from 50 to 100 percent of the cost of renting an apartment for a month.

If there is no extra money to give to realtors, or just out of principle, you can try to find housing directly. This may take longer. Where can I rent an apartment?

As you can see, with a little effort and patience, you can find good housing without paying additional funds to intermediaries.

What problems might arise?

Of course, all conditions must be specified in the contract.. If you do not prescribe something, problems may arise when renting an apartment.

For example, if the tenant is going to make repairs, this must be spelled out in the contract. If this repair will go towards paying rent for a month or several, you also need to register.

The owner must report the increase in rent in writing one month before the increase in rent. If he fails to do so, tenants can file a claim for compensation.

Important! Prescribe the terms of the contract - from several weeks to several years. If this is not done, and the contract needs to be extended, the owner can change the rules of residence, for example, increase the rent for an apartment.

Also, in the contract, you need to describe as accurately as possible everything that is in the apartment, as well as the condition of the furniture and appliances. In this case, when leaving the rented housing, the owner will not have any questions.

How to rent an apartment so as not to be deceived?

If you don't have experience with renting a home, you need to learn rules that can save you money and prevent you from suddenly being out on the street. Consider the step-by-step procedure for renting an apartment:

Even compliance with all these rules does not guarantee complete security Therefore, you always need to be careful and attentive.

Renting a house is quite simple, especially if this is not the first time. You just need to remember that:

good housing does not come cheap;
you need to check all the data on the apartment and the data of the owner's passport;
before signing the contract, you need to inspect the apartment.

If you intend to use the apartment for a long time, then by following a few rules, you can reduce the risk of renting an apartment.

1. We check the documents for the apartment. This should be done before you pay the fee in order to immediately dismiss the scammers who rent someone else's living space. Be sure to see the original documents confirming ownership. Keep in mind that they are different for different forms of ownership. An apartment can be: privatized, acquired under a reimbursable purchase and sale transaction, exchange or rental agreement; inherited or received as a gift.

Important! All contracts must be with state registration, otherwise they will not have legal force.

2. Pay attention to the composition of the owner's family. It is worth checking not only the seller's passport, but also an extract from the house book. Please note that people who are part of the family have the right to use the apartment.

3. We get the consent of the owners. If the owner of the apartment is not alone, then the written consent of everyone is simply necessary. If housing is not privatized, then the consent of all residents. When renting a room in communal apartment in case of protest from the neighbors, it is worth abandoning the deal.

4. We conclude a contract of employment. This will help protect your interests if, for example, an unexpected increase in rent.

5. We take receipts. It will help to avoid misunderstandings when paying.

6. Rights and obligations. You have the right to move your family into an apartment with the consent of the owner, you must vacate the premises at the end of the term under the contract, allow the owner to check the condition of the housing and its belongings. The owner does not have the right to change the amount of the fee without agreement and evict you before the expiration of the contract (except for the cases that are established by Article 687 of the Civil Code).

7. If you yourself have no time or are simply afraid to miss something, contact realtors. However, there are underwater ones here too. Can get to information Agency or dishonest specialist. What should make you suspicious: low rent and service fees; settlement before moving into an apartment (realtors-professionals will take payment after the conclusion of the contract of employment); the manager will provide you with a list of apartments that you need to inspect yourself; the contract states that the firm provides information services.

Advertisements often contain false information. Instead of a fresh repair of worn walls, the owner often visits with a check or soon asks to vacate the living space. It can be difficult for an inexperienced tenant to understand from the ad that this option promises problems in the future.

To know how to rent an apartment, you need to first find out important points. The cleanliness of housing, a friendly owner and an attractive price are not a reason to immediately move in and pay a deposit for several months.

Ad rating

All information from agents can be divided into two types: short texts or a long story about the merits of housing. The ads from the hosts are more detailed, but without much advertising. The presence of many exclamation marks, the use of capital letters and illiteracy is a warning about possible problems with an unbalanced landlord. Announcements of adequate citizens are specific and calm in tone; they do not contain many restrictions for potential tenants.

In a conversation with an agent, specify the cost, the amount of the deposit and the commission. Often they differ in a big way from the specified. If, after reading the ad, it is believed that a person is unbalanced and capable of creating a problem from scratch, then it often turns out that intuition did not let you down.

Tenant Requirements

If it is indicated that the owner does not want to get involved with smoking tenants, animal lovers - this is a normal requirement: no one wants to turn their living space into a smoky room with a strong smell of a cat. If you promise to smoke only on the balcony, and from animals a guinea pig or a canary, then the owners often agree to small concessions.

A distinctive feature of a problematic owner is renting an apartment strictly on a national, religious basis, the requirement not to bring guests, the absence of small children.

Such people do not consider the solvency of tenants and a competent contract as a guarantee of security, but other signs. They are suspicious, torment you with constant checks and phone calls. There are times when they come to check the moral character of the tenants, creating unbearable conditions.

Advance payment

The size of the deposit, prepayment for normal owners does not exceed the amount of the monthly rent. If he requires a double or even triple deposit, this signals a frequent change of tenants. It is rarely possible to return the money, because there is always a reason to accuse you of damaging property. Making an advance payment for a year or 6 months is a big risk.

Transport accessibility

Distance from nearest stop public transport to the house is often reduced. The promised time of 15 minutes can be measured not by walking, but by car. Use Google maps to find out the route or try it yourself.

Floor

IN high houses the middle floors are preferable: water can hardly reach the upper ones, they are poorly heated. The last floor of low-rise buildings has several advantages:

roof access;
neighbors will not flood, will not stomp overhead;
cigarette butts, garbage from their balcony will not fall on yours;
the linen they hang will not obscure the sun.

The first floors are noisier, and problems with sewerage, smells and living creatures from the basement primarily concern them.

If you are considering this option, then pay attention to the following details:

where do the windows go?
the distance from the ground to the windows, the presence of trees in front of them;
what is located in the basement, it is better if it is an office or housing office.

closed rooms

Beware of housing with a closed room. The owners sometimes arrange a warehouse from the left things. This becomes an extra reason to unexpectedly pay a visit. If pipes are leaking in it, then you will only know about it by the mold that appears outside or the visit of angry neighbors. But the presence of a loggia, a dressing room is an additional plus, they can be used as an additional room.

Situation

Without furniture, it will be cheaper. You can negotiate with the owners about its purchase on account of rent. Expensive furnishings will have to be handled carefully so that money is not deducted from the deposit for the loss of presentation.

If the situation in the photo does not suit you, then at the first conversation with the landlord you need to find out if the furniture can be thrown away or taken out. Sometimes the owners do not agree to get rid of the junk, they leave the walls, cabinets filled with their things. This creates great inconvenience, especially when it comes to long-term rentals.

In order not only to learn how to rent an apartment on long term, but also not to be mistaken, to find the best option of the available, it is useful to consider a few tips. Including:

Do not respond to ads with excessive requirements for tenants.
Time. It is better to check in as late as possible so that there is no queue for you. This will allow you to carefully consider everything and not miss important points.
Door. If it is unreliable, then immediately find out if you can put a new one against the lease. Otherwise, you may be robbed. Installing a door is a good investment in housing, which a reasonable person would not refuse.
Plumbing. Replacing faulty faucets, leaking toilets and radiators, shabby bathtubs, water supply to a washing machine costs money and time. Check with the owners if they are ready to fix the situation themselves or agree to lower the price, taking into account your upcoming expenses.
Look at the condition of the floor and windows.
Check the performance of all available household appliances so that you do not have to buy it later at your own expense or repair it.
Make sure that there are no things on the balcony, mezzanines.

Conversation with the owner

In the first conversation with the owner of the property, you must immediately ask all the questions of interest. It is advisable to make a list of them in advance, so as not to miss anything, you can include in it:

whether there are plans or design repairs;
whether it is planned to transfer housing to relatives in the future and how soon this can happen;
payment procedure for rent.

If a person answers all questions in detail and calmly, then problems with him in the future are unlikely. Unbalanced, inadequate people are best avoided. They can often come to visit, make ridiculous demands, check the cleanliness and order. It is impossible to please them.

employment contract

Signing the contract allows you to protect yourself from unexpected and unpleasant surprises. The tenant is right. To do this, you must notify the owner 3 months in advance. The word "hiring" is used in residential transactions where the tenant is individual. At the household level, it is often replaced by the word "rent".

The signing of the document, the transfer of money and keys do not guarantee quiet life. Sometimes there are problems, their cause:

The apartment is the property of other people, and a fraudster acted as the owner. The real owners are evicting the tenants.
Housing is divided by court order. Lawful owners can kick out tenants at any time.
The owners do not return the deposit, citing imaginary damage to the property. It is difficult to prove the opposite in court if the contract was not attached detailed description abandoned furnishings and photographs of the apartment.
Housing passed one of the spouses, without asking the consent of the second. The agreement is invalid in this case. Only both spouses can manage joint property.
The representative has expired the power of attorney or has only the right to show the premises. He does not have the authority to sign contracts.

Verification of documents

Not everyone knows how to rent an apartment correctly, so as not to be deceived and not be left without an apartment and money. Before signing the contract, it is necessary to check the documents. Their list depends on the situation. If the housing is owned by one person, then he signs the documents personally or his representative by proxy. Ask to see a certificate of ownership that has passed state registration. Check the information indicated in it with the address of the apartment, passport data and SNILS number. If the data mismatch is associated with the replacement, loss of the document, then you can check the information about the previous passport on the last page of the new document.

Depending on the time of acquisition of real estate, the owners may have title documents:

certificate of registration of ownership;
extract from the register;
contract of sale.

If the apartment has several owners, then the consent of all is required. is pledged to the bank until the full repayment of the loan. If the owner cannot pay off the debt, then the apartment can be taken away and everyone living in it can be evicted.

If the contract is concluded by proxy, you need to make sure that it gives the representative the authority to dispose of housing and its validity period. Without this document, even close relatives cannot rent out housing. You can order an extract from the USRR at the MFC to make sure who the owner of the apartment is.