What is the security deposit under the apartment rental agreement? What is a security deposit when renting an apartment

Paying the sum insured is a common practice when renting an apartment. It can be a pledge or a deposit, concepts that are often confused. In fact, these are different options for making a guarantee payment. In this article, we will describe in detail how a pledge differs from a deposit, what advantages and disadvantages such payments have, as well as the procedure for transferring money and other features of financial transactions during a lease.

○ The difference between a pledge and a deposit.

The deposit is transferred to the owner of the apartment as a guarantee of the execution of the contract. If, after the conclusion of the transaction, the tenant changes his mind about moving into the apartment, the transferred funds remain with the owner of the housing. Besides, security deposit can be used as a guarantee of payment in the event of a debt.

“Fulfillment of obligations may be secured by a penalty, pledge, retention of the debtor’s thing, surety, independent guarantee, deposit, security deposit and other methods provided for by law or an agreement (clause 1 of article 329 of the Civil Code of the Russian Federation).”

Unlike a deposit, a security deposit is fixed and equals one month's rent. Thus, if there is a condition for making a deposit, the tenant at the conclusion of the contract must transfer to the landlord payment for two months - the first and last.

○ Advantages and disadvantages of the deposit.

Making a security deposit has pros and cons for both the tenant and the landlord.

To a greater extent, it is designed to protect the interests of the landlord, so the advantages of obtaining finance are:

Guaranteed to keep the property in good condition.
The presence of an amount of compensation for possible damage that is already available and will not have to be recovered.

The disadvantage of receiving a security deposit is that it is usually equal to the monthly payment for accommodation, so there is a risk that it will not cover the losses incurred.

As for the tenant, the advantage of making a deposit for him is an increase in the likelihood of obtaining the desired housing, and the disadvantage is the extra financial costs.

○ How is the deposit and collateral processed.

Transfer fact security deposit specified in the lease as a separate clause. It must indicate the purpose of the transferred funds (deposit / pledge), their amount in numbers and words, as well as the form of transfer.

Money can be transferred both in cash and by bank transfer. In the second case, bank statements will serve as proof of the transfer and no additional confirmations will be required.

As for cash settlement, the transfer of funds must be recorded by a receipt, which indicates the date of settlement and the amount of payment. The document must be certified by the signatures of the parties.

If a realtor is present at the conclusion of the lease, his signature must also be on both the contract and the receipt. In this case, he acts as a guarantor not only that the money is actually transferred, but also that it will be used for its intended purpose.

○ Deposit refund.

The security deposit must be returned to the tenant if the property is transferred without significant changes. To do this, it is necessary to draw up an act of acceptance and transfer, which will indicate in detail what kind of things, in what quantity and condition, were transferred to the tenant. After graduation lease relations, the deposit must be returned to the tenant in the event that the property has not been damaged.

When assessing the condition of things, it is necessary to take into account their natural wear and tear. For example, if door hinges loosen or paint comes off, this will not be considered damage to property. But if there is a breakdown household furniture, broken window or other damage - in this case, the amount required for the repair will be deducted from the security deposit.

The return of the deposit occurs in the same order as its transfer. Money is transferred in cash or non-cash payment. Evidence of the transfer will be a bank statement or a receipt signed by the parties. In case of deducting some amount from the deposit, it is necessary to reflect the basis for this in the act of acceptance and transfer of property.

○ How the deposit is transferred and returned.

The deposit is transferred together with the payment for the first month of stay and is issued by agreement. Here, both cash and non-cash payments are also possible with confirmation of payment by a bank statement or receipt.

The deposit is refundable if the tenant has lived in the apartment for at least 3-4 months and has no payment arrears. The security deposit cannot be used as compensation for the damage caused, unless otherwise provided by the contract.

The peculiarity of the deposit when renting is that cash immediately go to their intended purpose, without the involvement of a third party. Most often, it is required when it comes to high-class real estate with valuable furniture and appliances.

Here are some tips on how to design it to help reduce the risk of damage to each party:

It is obligatory to draw up an act of acceptance and transfer.
Specify in the contract that the security deposit cannot be used for other purposes, except for damages (fine or payment on account of the debt for accommodation).
Provide in the text of the agreement that the valuation of property upon return should be carried out taking into account its natural wear and tear (Article 622 of the Civil Code of the Russian Federation).
Transfer funds only against receipt or by bank transfer.

When real estate is taken into use, then, as a rule, its owner, when signing the contract, requires the tenant to pay additional payments in the form of collateral, deposit or security deposit.

For the uninitiated legal niceties The listed amounts may seem synonymous. But in reality this is not the case, so let's look at the nuances.

When a security deposit is applied when renting a room

The legislation governing lease relations does not provide for such a thing as an insurance deposit. Meanwhile, owners of residential and non-residential real estate often include clauses about it in an agreement with the tenant.

What is such a lease payment? This is the amount by which the damage caused to the owner of the property is covered. For example, the tenant, as a result of a negligent attitude to his duties, worsened the condition of the premises, spoiled, appropriated the property located there. In this case, the losses incurred will be covered by the previously provided funds.

A rental deposit may be provided in other cases. For example, it could be:

delay in paying rent for one or more months;
refusal by the tenant to compensate for utilities;
early release of the premises without the consent of its owner.

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If the employer turned out to be in good faith, then at the end of the contract, the entire amount is returned to him in the agreed manner.

A deposit under a lease agreement is a payment that covers the possible loss of the lessor for damage to his property, other violations of rights. It does not count towards the rent. If there is no damage, the amount is refundable.

The pledge has different functions. The main one is the financial consolidation of the tenant's intentions to rent a house for a certain period. The amount of the deposit equals the first and last month of rent.

Does it make sense to conclude an agreement with a deposit?

The benefit is for the landlord. Due to these funds, a guarantee of the safety of his property appears. However, any thing can deteriorate without the fault of the tenant. On official language this is called normal wear.

For example, a faucet in the kitchen, bathroom has become unusable due to its "old age". In this case, it would be wrong to cover the cost of its repair at the expense of insurance. Therefore, if the owner insists on it, it is advisable for the tenant to stipulate special conditions in the agreement.

The content of the apartment rental agreement with a deposit and the main conditions

Regardless of whether the lease is residential or commercial, agreements must be made in writing. The characteristics of the object transferred for use (address, area, number of storeys, purpose) are indicated. Further points follow regarding rent, compensation for other expenses, the timing of payments, mutual rights and obligations of the parties. It is necessary to stipulate the mutual responsibility of the participants in the transaction, the procedure for resolving disputes, and early termination of the contract.

With regard to the insurance deposit, it is necessary to prescribe its amount, the procedure for making it, as well as cases in which the landlord has the right to keep the payment made. The entire refund process must be documented in writing.

Sample lease agreement with deposit

The form of the agreement is standard. The only thing is that a separate section regarding insurance is added to the contract form. In a separate paragraph, it is emphasized that it is not counted towards the rent and can be returned after the lease expires.

The amount of payment is not regulated by law and is established solely by agreement of the parties. Practice shows that if the apartment is without a special set of furniture and with minimal repairs, the amount of insurance can be equal to the amount of the monthly rent. However, exceptions are quite possible. There are options when the size of the deposit is calculated on the basis of the appraised value of housing or the value of the items in it.

The parties determine the payment independently and there are no restrictions here.

As a conclusion, we emphasize that the use of an insurance deposit when renting non-residential premises civil, other legislation is not regulated. It is established exclusively by the contract, acting as a kind of guarantee that the property or interests of the owner (landlord) will not be damaged by an unscrupulous tenant.

It cannot be considered as payment for the last month of rent, since it has a completely different function in the relationship of the parties. If all the terms of the agreement are met properly, the property is returned intact and safe, then the money paid is transferred to the tenant in full.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the site, and our lawyers will advise you for free!

Security deposit - what is it?

The security deposit is not a security deposit and does not represent payment for the last month's rent. This tool is called differently: security deposit, security deposit. But there are significant differences between the security deposit and the prepayment or security deposit, and if this difference is not understood, there may be conflicts at the end of the rental relationship.

The essence of the security deposit is the transfer by the tenant to the account of the landlord of the amount agreed upon by the parties. This payment covers possible damage to the rental property. The security deposit is a refundable amount, it cannot be used as payment for the last month and is not connected with the rental deposit.

This contribution covers damage to property if the damage is discovered at the end of the annual contract. When drawing up an act of acceptance and transfer, the owner inspects the apartment, determining whether everything is in order with the furniture and the state of repair, with payment of telephone bills, etc. At the same time, the necessary costs for bringing the apartment to its original appearance are estimated. These costs are deducted from the amount of the security deposit, and the rest of the amount is returned to the tenant by the owner. If the property was not damaged and there was no damage, the full amount of the security deposit is returned to the tenant. The purpose of this deposit is to protect the interests of the owner of the property.

You can call this type of payment a security deposit: with its help, the obligation of the tenant to carefully handle the property is secured. The calculation of the amount of damage is the business of the owner, who does not always accurately estimate the damage. It is a common practice that a monthly rent is charged for damages.

Renting apartments, like other residential premises, is a rather complicated process. During the conclusion of the lease agreement, both participants run the risk of falling for scammers or simply unscrupulous people, because of which they risk incurring losses.

Based on this, many owners began to demand the payment of an insurance deposit. The concept is not new, but it is rarely encountered. Let's try to figure out what a security deposit is, and also find out a number of features of drawing up a lease agreement with a security deposit.

What does the security deposit mean when renting an apartment

- a certain amount of money that is paid to the landlord by tenants. The essence of this payment is that in the event of unforeseen circumstances, the owner will simply keep this money for himself and compensate for the damage at their expense. At the same time, he will not have to look for tenants, ask them for compensation or go to court to receive compensation.

Almost always, apartments are rented out with furniture and household appliances. Having a closet, sofa, fridge, stove and more makes life a lot easier for the tenant, who can just pay the rent and move in without worrying about anything. But on the other hand, there is an owner who, when renting out his property, is exposed to constant risks.

These risks are as follows.

Damage to property or theft;

Damage to plumbing or repairs in general;

Accumulation of unpaid utility bills;

Leaving the tenant without paying for accommodation;

Bay of neighbors.

This list can be continued indefinitely, but the essence remains the same - the landlord risks incurring losses due to negligent tenants.

It is important to know that in legal documents there is no indication of this paragraph regarding the lease or lease agreement. This means that it is optional.

It is also worth immediately understanding what can be called damage and what is not. During the lease, the tenants are given things that they regularly use.

Long-term use of a thing will certainly lead to the fact that it will lose its presentation and will obviously not be new. So, this is considered depreciation, and not damage at all.

That is, if the property has lost its presentation a little, but is still in good condition, there can be no question of any compensation. In turn, if the tenants broke, smashed, burned or stole something, this is damage that can be compensated for by the insurance deposit.

The insurance deposit is a contractual amount, and often it is equal to the amount of the monthly payment for renting an apartment.

How to draw up a contract of employment

Of course, you can draw up an additional agreement on the creation of a security deposit. But it is much easier to simply introduce this clause as another condition of the contract.

In this case, you should not just write “Insurance deposit - 5000 rubles”, but describe where and how this amount can be spent by the owner of the apartment. Also indicate when the money will be transferred to the deposit account.

You can make a similar clause in a lease or lease agreement and describe it in detail on the basis of Article 329 of the Civil Code of the Russian Federation. This article also says that when it comes to an insurance deposit, the amount, conditions and terms must be precisely determined.

Often, the insurance deposit is transferred either into the hands of the property owner, or a deposit account is opened in a bank. You can open an insurance deposit in absolutely any bank, because this is a simple and standard banking procedure.

This option is the safest, because each of the participants knows where the money is stored. In addition, the amount of the deposit is constantly growing due to interest.

You can transfer the amount in cash to the owner, but then it is imperative to take from him an appropriate receipt stating that he accepted the money. Also, the parties to the agreement can choose any option convenient for themselves.

It should be noted that the insurance deposit has a serious connection with the act of acceptance and transfer of property. Experts recommend that you always draw up an acceptance certificate, because this document allows you to fully indicate the list of the property to be handed over and indicate its condition.

The use of the security deposit will apply specifically to damage to things that were indicated in the acceptance certificate as serviceable.

When a security deposit is not taken when renting an apartment

It should be said right away that the condition of the security deposit is not mandatory for inclusion in the contract. A lot of leases and leases are concluded without this condition.

But still, there are circumstances in which including this item is not the best idea:

The leased premises do not have any furniture and appliances;

In the leased premises there are no expensive repairs or any valuable things at all.

In a word, everything depends on the desire of the owner. If he does not feel sorry for things or he is confident in his tenants, he has full right omit the clause on the security deposit when drawing up the contract.

Return of the security deposit

The return of the security deposit to tenants is a mandatory procedure, which indicates the resolution of all issues regarding the property and its condition.

If all the property was transferred back to the owner safe and sound, he must return the amount of the security deposit in full. Also, if the deposit was in the bank, all interest received from the amount must also be transferred to the employers.

In the event that damage to property has nevertheless been caused, it is necessary to act as follows. The owner of the property must report the damage to the residents, and then they must agree together how much should be spent to cover the damage or repair costs.

It is easiest when it comes to household appliances, because it is easy to find out its price and the cost of repairs. The situation is much more complicated when it comes to damage to tiles, linoleum, parquet or other coatings.

If the owner and the tenants were able to agree, then the agreed amount remains with the landlord, and the balance is transferred to the tenants. If it was not possible to come to a common denominator, the owner has every right to go to court. The tenant also has the same right if the owner does not want to return the security deposit or asks for too much compensation.

It is not uncommon for the damage to be much higher than the amount of the security deposit. In this case, the parties can either agree on their own, or go to court to determine the amount that will cover the damage caused.

Advantages and disadvantages of renting with a security deposit

To begin with, consider the benefits of renting with a security deposit for the owner of rented housing:

You don't have to worry about the safety of your property. As practice shows, if there is an insurance deposit, then tenants treat property more carefully and more carefully;

There is no risk that tenants will not pay utility bills. It is only important not to forget to indicate in the contract that the security deposit can be used to pay utility bills;

There is no risk that the tenants will run away and do not compensate for the damage.

For the tenant, this point is not entirely positive. On the one hand, if the tenant agrees to pay a security deposit, the owner begins to treat him better and trust him more.

On the other hand, if the owner is unscrupulous, and the act of acceptance and transfer was drawn up carelessly, the tenant may lose money for alleged theft or damage to any things. To avoid this, it is necessary to carefully study the texts of all documents before signing.

Very often, the security deposit is also called the payment for the last month of residence. This is quite convenient, because the owner immediately receives required amount, and the employer can at the end of the term of the contract at the expense of this amount to live the last month.

Consider a list of all the points that should be indicated in the contract to avoid most problems and disagreements:

Transfer-acceptance certificate;

The procedure for compensation for damage;

Rights and obligations of each party;

Conditions for the return of the security deposit;

Terms of termination of the contract.

Sample apartment rental agreement with a security deposit

APARTMENT (RESIDENTIAL PREMISES) LEASE AGREEMENT

Moscow

"____" _____________ 20 __

Mrs/Ms ___________________________________________________________________________ ___________________________________, hereinafter referred to as the “Lessor”, on the one hand, and

Mrs/Ms ___________________________________________________________________________
_____________________________, hereinafter referred to as the “Lessee”, on the other hand, collectively referred to as the “Parties”,
have concluded this Agreement (hereinafter referred to as the Agreement) on the following:

1. The Subject of the Agreement

The Lessor, for a fee, provides the residential premises owned by him on the right of ownership to the Lessee for use for living in it.

The specified residential premises are located at the address: Moscow, st.

house number ______ apt. No. ______, hereinafter referred to as the “Apartment”

The apartment belongs to the Landlord on the basis of _________________________________
_______________________________________________________________________________
_______________________________________________ from _____ registered in the register, No. ________________, a copy of which is attached to the Agreement as Appendix No. 1, which is its integral part.

The apartment has the following characteristics:
living area: ______ sq. m.
number of rooms: _______.

2. Rights and obligations of the Lessor

2.1. To provide the Tenant with the Apartment in a habitable condition, as well as the equipment installed in it, as well as other property specified in Appendix No. 3 in good condition within ______________ days after signing the Agreement.
The transfer of the Apartment is carried out by the Parties by signing the Acceptance-Transfer Certificate of the Apartment in the form specified in Appendix No. 2 to the Agreement.
2.2. The Landlord guarantees that the Apartment at the time of the conclusion of the Agreement is not in litigation, under arrest, and is not encumbered with the rights of third parties.
The lessor undertakes:
2.3. Furnish and equip the Apartment in accordance with Appendix No. 3 to the Agreement.
2.4. Do not obstruct the Tenant in the lawful use of the Apartment.
2.5. Realize Maintenance Apartments and equipment in it.
2.6. Pay all utility bills for the Apartment during the term of the Agreement, with the exception of electricity bills, as well as long-distance and international bills telephone conversations carried out from the phone _____________________________. At the same time, the Lessor guarantees that at the time of conclusion of the Agreement it has no debts on the specified accounts.
2.7. The Landlord has the right to visit the Apartment ________ once a month on the ______ day of each month and to make an external inspection of its condition, having warned the Tenant about such a visit _______ days in advance.
2.8. In case of damage to the Apartment, furniture and/or equipment, the Lessor has the right to withhold the amount of damage agreed with the Lessee in writing from the security deposit.
2.9. Accept from the Tenant the Apartment and the property and equipment located in it, specified in Appendix No. 3 to the Agreement, no later than _________ days from the date of termination of the Agreement.

3. Rights and Obligations of the Tenant

3.1. The Tenant is obliged to use the Apartment only for living, ensure the safety and maintain the Apartment and the property and equipment located in it, specified in Appendix No. 3 to the Agreement.
3.2. Timely pay the rent for the Apartment to the Lessor within the terms and in the manner established by this Agreement and pay bills for electricity consumption, long-distance and international telephone calls.
3.3. The Tenant is not entitled to sublease the Apartment.
3.4. Inform the Landlord on all issues and circumstances related to the Apartment. Communications must be timely and complete.
3.5. Keep pets in the Apartment only with written permission from the Landlord.
3.6. Carry out repairs or make any changes in the Apartment with the written permission of the Lessor.
3.7. Transfer to the Landlord the Apartment, property and equipment specified in Appendix No. 3 to the Agreement, received by him in accordance with the Acceptance and Transfer Certificate of the Apartment, in good condition, taking into account natural wear and tear, no later than _________ days from the date of termination of the Agreement.
3.8. Observe silence at night, do not carry out repair work at night, morning and evening hours, as well as on weekends.

4. Terms of payment

4.1. The monthly rent is set at _____________________
_____________________________________________________________________________ .
4.2. The first payment will be made by the Tenant to the Landlord in the amount of ___________________________________ (_____________________________________________)
for the first ______ month(s) of the rental period and a security deposit in the amount of ________________
_________________________ (____________________________________________________)
within ______ banking days from the date of signing the Agreement.
4.3. Further payments will be made in advance monthly / quarterly until ______ day of the paid period.

5. Responsibility of the Parties

5.1. The Tenant is liable for damage to the Apartment, property and equipment, as well as adjacent premises, caused through the fault or gross negligence of the Tenant and / or members of his family, his guests, as well as pets. When determining the damage, natural wear and tear is not taken into account.
5.2 The Lessor is responsible for the shortcomings of the rented Apartments, furniture and equipment, which completely or partially prevent their use, even if at the time of conclusion of the Agreement he did not know about these shortcomings, with the exception of the shortcomings that were agreed upon by him at the conclusion of the Agreement and are reflected in Appendix No. 2 to the Agreement.
5.3. In case of delay in payment for the Apartment for more than _______ banking days, the Tenant shall pay a penalty in the amount of _______% of the timely unpaid amount for each day of delay.
5.4. Payment of the penalty does not release from the performance of its obligations under the Agreement.

6. Grounds for early termination of the Agreement

6.1. The Agreement may be terminated at the request of either Party if the other Party does not comply with the terms of the Agreement. At the same time, the Party, at the initiative of which the termination of the Agreement takes place, is obliged to notify the other Party in writing _______ days before the termination of the Agreement.
6.2. The Tenant has the right to terminate the Agreement at any time by notifying the Landlord in writing ______ month(s) prior to the termination of the Agreement.
6.3. The Lessor does not have the right to terminate the Agreement unilaterally before the end of the lease period, if the Lessee complies with all the terms of the Agreement, except for the case specified in clause 6.4 of the Agreement.
6.4. In case of violation by the Tenant of its obligations under the Agreement, the Landlord has the right to early dissolution Agreement on the grounds and in the manner prescribed by the Civil Code of the Russian Federation.
6.5. In the event of termination of the Agreement, the amount of prepayment for the Apartment and the security deposit, minus the agreed amounts of damage to the Apartment, furniture and equipment, if such damage was caused due to the fault or gross negligence of the Tenant and / or his family members, as well as guests and pets, is subject to return to the Tenant no later than 7 (seven) days from the date of termination of the Agreement. When determining the damage, natural wear and tear is not taken into account.

7. Duration of the Agreement

7.1. The rental period is ______________ days.
7.2. The lease term begins from the moment the Apartment is transferred by the Landlord to the Tenant.
7.3. The Agreement may be extended by agreement of the Parties, as well as in cases provided for by the Civil Code of the Russian Federation.

8. Force majeure

8.1. The Parties are exempted from partial or full performance of obligations under this Agreement if this failure was the result of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.

9. Additional terms

9.1. The following persons will live in the Apartment together with the Tenant:
1. __________________________________________________________________________
2. __________________________________________________________________________
3. __________________________________________________________________________

9.2. Damage to the Apartment, furniture and equipment caused by the fault or gross negligence of the Lessee and / or members of his family, his guests or pets, which is not the result of natural wear and tear, is recorded by the Parties in writing.
9.3. All disputes and disagreements not settled by the Parties through negotiations shall be referred to the court. The Parties have agreed that the litigation disputes arising between them from the Agreement will be considered in court at the location of the Lessor.
9.4. All changes and additions to the Agreement are made in writing and are an integral part of the Agreement.
9.5. This Agreement is signed in two copies, one for each of the Parties, having equal legal force.
9.6. The Agreement comes into force from the moment of its signing by both Parties.

10. Addresses for notifications and Bank details Parties

Landlord
Mr/Ms ________________________________________________________________________
Passport
Address:
Fax machine:
Tel.:
Mob.:
Bank details:

Tenant
Mr/Ms: _________________________________________________________________
Passport
Address:
Fax machine:
Tel.:
Mob.:
Bank details:

11. Signatures of the Parties

Tenant _____________________ Landlord _______________________

APPENDIX No. 2

To the Lease Agreement No. ______ dated _____ _______________ 20___

ACCEPTANCE ACT OF THE APARTMENT

"____" ____________________ 20____

This act is drawn up and signed in duplicate between
________________________________________________________________ (Lessee) and

_______________________________________________________________ (Lessor) on the basis of the above-mentioned Lease Agreement.

The Landlord hereby transferred, and the Tenant accepted the Apartment located at:
Moscow, ___________________________________________, building No. ___, apt. ___ (Apartment).

The Apartment was transferred by the Landlord and accepted by the Tenant in a condition that complies with the terms of the Lease Agreement and Annexes No. 1 and No. 3 to it.

The Landlord handed over, and the Tenant accepted ______ sets of keys to the Apartment.

Inspection of the Apartment did not reveal any obvious deficiencies, except for those that may be indicated in the attached list:

_________________________

LESSOR _________________________

APPENDIX №3

to the Lease Agreement No. _____, dated _____________ 20____

Bedroom

curtains

Double bed

Nightstand

Wardrobe

Table lamp

Living room

Sofa / sofa

TV stand with shelves

Coffee table

curtains

air conditioner

Kitchen

Kitchen stove

Dinner table

Fridge

Dishwasher

Microwave

Hallway

Wardrobe

Coffee table

a guest room

Desk

air conditioner

curtains

Double bed

Nightstand

Bathroom

Washing machine

Dryer

TENANT _____________________________

LESSOR _______________________

Renting an apartment is one of the most common schemes for earning money in the real estate market. But this species activity is associated with some risks. Therefore, agencies use certain methods to protect the interests of both parties. In this article we will talk about the security deposit.

Flat rent

Since the process of renting is a risky business, it is advisable for those who are going to make money from their own apartment to use some kind of protection against potential damage or fraud.

A deposit when renting an apartment is one of the tools to compensate for possible material risks associated with real estate. We are talking about damage to property and the condition of the housing itself. In addition, in the event of a sudden insolvency of the tenants, the security deposit will allow the landlord to avoid financial losses.

In most cases, the deposit when renting an apartment is equal to the amount of payment for accommodation during the month. But exceptions are possible. For example, tenants may be required to pay several months at once (3-4). If we consider the situation with luxury real estate, which is rented, that is, it makes sense to expect the requirement to pay the annual cost.

Insurance deposit under the rental agreement

Some agencies take a slightly different approach to such a compensation tool. This is a scheme in which such a deposit is not considered as a security deposit or for the last month of rent.

This money cannot be used to pay rent, their only purpose is to guarantee the financial security of the owner of the apartment in case of damage to his property by tenants. Therefore, understanding what a deposit is when renting an apartment, it is worth considering this approach to the rental process.

Refund of a deposit

The peculiarity of using the sum insured when renting an apartment becomes clear at the end of the lease. When the last month of living in the apartment is paid, the owner takes over the real estate from the tenant, which implies an inspection of the condition of the housing and property in particular.

If any damage is found (furniture is damaged or there are questions about repairs), then a security deposit is used to compensate for it, which is kept by the owner of the apartment. The remaining funds after payment of damages are returned to the tenant. In the absence of claims, the owner gives the tenant the entire amount.

If a contract was used during the rental process, then there should be no problems with the return of the deposit. Thus, in this situation, the deposit when renting an apartment can be considered as a security deposit.

How to apply with a deposit

Initially, it should be noted that the current legislation of the Russian Federation does not provide grounds for a clear definition of the conditions for the return of the security deposit. For this reason, on the basis of Article 329 of the Civil Code, both parties will have to independently determine what obligations the payment of the deposit will imply.

But if we apply the most common scheme that is used in contracts, then attention should be focused on the following points:

payment of rent that does not meet the established deadlines;
damage to property located in the apartment;
unilateral without warning and before the end of the agreed period;
no payment for rent, telephone calls and utilities.

It is very important to make sure that the rental agreement for an apartment with a deposit contains all the reasons why a security deposit can be withheld. It will not be superfluous for the tenant to check the conditions for the return of the security deposit.

It is expedient for each of the parties to make sure that all their interests are observed. For example, if the landlord insists on making the tenant liable for premature termination of the contract, the tenant, for his part, may demand the same from the property owner.

Receipt for the transfer of funds

The design issue needs to be addressed correctly. Therefore, upon receipt of funds corresponding to the amount of the security deposit according to the contract, the owner of the apartment must write a receipt stating that the money has been transferred. This will save both the tenant and the homeowner from possible unpleasant nuances associated with paying the deposit.

The receipt must include the following information:

passport details of the lessor;
the amount of the accepted payment;
transaction confirmation date.

At the same time, considering what a deposit is when renting an apartment and what are the features of its design, it is important to note the following fact: in some cases, the amount of the security deposit can be divided into several months. If there was such an installment plan, then the party accepting the money needs to write a receipt for each paid part of the deposit.

Compliance with this format of the conclusion of the transaction is important, because otherwise it will be difficult to prove anything in court.

How to take an apartment after the conclusion of the contract

It is important not only to know what a deposit is when renting an apartment, but also to be able to competently protect yourself from possible causes his non-return. We are talking about claims from the owner of the apartment about In order to avoid accusations that are not true, it is worth taking photos of the state of repair, equipment and furniture at the time of entry.

After the photographs are taken and attached to the contract, they must be certified by signature by both parties. Thus, the exclusion of potential controversial issues at the very beginning and at the contract level.

By the way, some owners of residential real estate cannot decide whether to pay the amount of the security deposit in the income statement or not. According to many lawyers, this is not worth doing, since these funds are not rent and are not used as income.

Possible difficulties

One of the most common mistakes on the part of a landlord is the intention to use the security deposit under the lease agreement as payment for the last month of the tenant's stay. The risk in this situation is quite obvious: if property is damaged a few days before the transfer of the apartment or large telephone bills are found, the owner will not be able to compensate for the losses.

Another point worth paying attention to is the natural wear and tear of property and repairs. Tenants are sometimes blamed for such changes, resulting in tense conflicts. But if you pay attention to the civil code, you can see that the owner of the apartment has no right to demand financial compensation for natural wear and tear.

An example is the loss of color saturation of curtains (fading in the sun), which the renter had no effect on. But if, say, the curtains were damaged by the tenant's active pet, then in this case the claims against him would be fair.

How to determine the amount of compensation

This issue is also relevant, since both sides may not have the same opinion regarding the cost of the damage caused. A striking example similar situation It's a broken refrigerator. The owner of the apartment may require a complete replacement of this type of household appliances. The tenant, not agreeing with such a solution to the problem, is able to offer compensation for the cost of repairs. Obviously, the difference in costs will be significant.

Therefore, it is desirable to designate such points in the contract initially.

Having figured out what a deposit is when renting an apartment, the owner should take into account the following principle: it is worth returning the amount of the security deposit only after receiving all bills, including telephone bills. Then it will be possible to objectively assess the existence of any losses.

If you neglect this rule, you may be faced with the need to pay for long long-distance calls of former tenants.

Conclusion

A security deposit is used when renting real estate in virtually all civilized countries. This scheme has repeatedly proven its practicality. Therefore, it should not be neglected.