What do you need to do to rent an apartment? What to write in the contract. The realtor introduces himself as an employee of a news agency

What do you need to know in order to avoid unpleasant situations, quickly find affordable and at the same time decent housing, and rent it correctly for a long time?

What is more important, to analyze the information and ask the right questions? Or the ability to avoid pitfalls? This will be discussed in detail below.

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

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

Search through real estate agencies

People who are faced with the need to rent an apartment for the first time usually turn to an agency. It is advisable to find a trusted organization, ideally - on the recommendation of friends. The duties of a real estate agent are as follows:

• Find an apartment according to the client's requirements;
• Designate a viewing time with the landlord;
• Accompany you on viewings of selected apartments;
• When drawing up a contract of employment, conduct all negotiations;
• Advise the client on contract issues;
• Carry out verification of the owner's documents on the ownership of housing;
• Directly, as well as draw up an act of acceptance and transfer, which will contain an inventory of the property of the apartment.

The cost of specialist services is 50-100% of the cost of renting housing per month.

Demand creates supply, and these offers are not always fair. We invite you to watch a video about new methods of fraud when renting an apartment.

How to rent an apartment on your own?

With an independent search, you will need to find an ad from the owner, and not a real estate company, set the time yourself and go around the apartments you like. Of course, in such a situation there are pitfalls, but many people prefer. Region Hotel is a convenient, proven service for selecting apartments for short-term stays or long-term rentals in many regions of Russia.

What do you need to consider when doing your own research?

Verification of the landlord

In order to make sure that the property is legally clean, ask its owner to provide you with the following documents:

• Evidence of ownership of it;
• An agreement confirming the ownership of the apartment (for example, a contract of sale);
• Passport.
• In the event that the landlord is the representative of the owner, he must provide a notarized power of attorney confirming the right to manage.

Make sure there are no utility bills. It is necessary to check payment receipts and meters for electricity and water before you conclude a contract.

Consent of all owners

If the apartment has several owners, that is, it belongs to them in shares, then consent is required from all of them (upon reaching the age of 14). The lease agreement must contain the signatures of all owners or the signature of an authorized person who has a power of attorney from them.

If you would like to rent a room in communal apartment then you will need the consent of the neighbors. The landlord must take care of this. He is also obliged to provide a document that spells out the procedure for using this apartment - that is, which room is assigned to one or another owner, which will save you from possible conflicts.

Correct lease agreement

A competently and legally correct drafted contract contains:

• Full name and passport details of the owner of the property and the tenant;
• Monthly rent amount;,
• Conditions for reviewing housing fees;
• The largest number of visits by the owner of the apartment to check it, as well as the conditions of checks;
• Persons who are entitled to cohabitation with the tenant;
• The term for renting out the apartment;
• Conditions under which the contract will be terminated.
• The contract must contain detailed description housing: address of the apartment, area and number of rooms, number of storeys of the house.

Moreover, each contract is individual - there is no standard form.

We invite you to download the apartment rental agreement form: Download.

Inventory of property

The inventory of property is an annex to the main lease agreement. The inventory indicates the property that is transferred to the tenant for temporary use.

The homeowner can include in the inventory: furniture, household appliances, linen, kitchen utensils and utensils, carpets, etc. If the tenant loses or damages items that are not included in the inventory, then the owner will not be able to return them.

Rules for renting an apartment

Check with the owner of the apartment his right to rent out the premises, examine the documents for the apartment.

Find out where it can be found, and check the contact details (phone, address).

Check the conditions for connecting to the Internet or, if it is already held, find out the payment procedure.

When inspecting the apartment check the condition of plumbing, electrical wiring. It is important that the plugs are not knocked out when connecting a minimum number of appliances (electric kettle, computer, washing machine). Also make sure that there are no ants, cockroaches, bedbugs and other insects.

If during the inspection there were any problems, check with the owner of the property, at whose expense the repair and elimination will be carried out.

If you rent a room that is not locked with a key, or a bed, then you do not need to pay a deposit.

The windows of the apartment must be in good condition, otherwise in the cold months you will be blown through, and in the warm months the air conditioner will be difficult.

Write down emergency numbers for emergency services.

On the copy of the agreement, note the monthly rent payment and ask for the owner's signature.

Decide on the furniture, whether you will use the owner's furniture or bring your own.

Since prices in the rental market are unstable, it is not recommended to draw up a contract for a long-term rental of housing for a fixed price. If prices drop, you can choose a cheaper rental option or ask the landlord for a discount.

When signing the contract, the owner of the apartment must give you a set of keys. Check them out. Remember that it is illegal to charge for keys.

Usually the term of the contract is a year without one day. This is in the interests of the apartment owner, since such contracts are called short-term and reduce the tenant's ability to illegally share co-tenants. If you wish to renew the contract, sign the relevant agreement one month before the expiration date.

Try to find mutual language with the landlord and neighbors, maintain good relations with them.

How often do we hear stories when someone, trying to rent an apartment, finds an excellent option with colorful photographs, but, upon arriving at the place, finds shabby walls and a “killed” bathroom in a house located half an hour from the metro.

Many have friends or friends of friends who were simply "thrown" with the rent: they showed the apartment, took a deposit and payment for the first and last month, even gave the keys. However, upon returning to the apartment, it was discovered that the key no longer fit, and the door was tightly closed. The owner with the money evaporates, and the tenant remains almost literally with nothing.

Often we hear from TV screens and stories about unscrupulous realtors who, promising to find an apartment, take an advance payment from the client, show him several options that absolutely do not correspond to the description and then declare that the terms of the contract have been met and continue to search for a suitable apartment, and even more so, return no one is collecting money.

No matter how much about the standard schemes of deceit and fraud, Russians continue to get into trouble with enviable constancy. AiF.ru is once again trying to help its readers with advice on how not to get into an unpleasant story by renting an apartment. For help, we turned to experts from companies that have been faithfully helping tenants and landlords to find each other for several years now.

Treaty as a panacea

All experts noted the importance of the apartment lease agreement, which is often drawn up incorrectly, and in some cases it is even neglected, hoping for the conscientiousness of the owner of the living space.

On the Internet you can find a large number of standard contracts renting an apartment, which is often used by the tenant and the owner of the apartment when concluding a transaction. Experts advise in any case to check such an agreement. About what must be reflected in the document, AiF.ru readers told Kirill Kokorin, legal adviser of the apartment rental department, INCOM-Nedvizhimost:

“In order for the contract of employment signed by the parties to be recognized as valid, the essential conditions must be indicated in it:

1. Name of the leased premises, its characteristics and the exact address.

2. Exact passport details of the employer and landlord.

3. Data of documents confirming the ownership rights of the landlord.

4. The amount of payment for renting an apartment, the procedure and terms of payment.

5. Duration of the contract of employment. In the absence of an indication of the term of employment, the contract will be considered concluded for 5 years.

6. Data of citizens who will live together with the employer.

7. Signatures of the parties to the contract of employment.

However, it is necessary to provide for other equally important conditions of this document, such as the procedure and grounds for early termination agreements on the initiative or fault of any of the parties; rights and obligations of the parties; responsibility of the parties both for shortcomings and for the damage caused; penalties for the tenant and landlord; the procedure and grounds for settling damage caused to the property of the owner; payments and procedure for payment of housing and communal services; guarantees of the parties; the procedure for notifying the parties, indicating the addresses for notification; the possibility of keeping pets; responsibility and procedure for settling damage caused to neighbors; prohibition or right for the tenant to rent an apartment under a sublease agreement to third parties; dispute settlement procedure and some others”.

Cheap means angry

Also, when looking for an apartment for rent on your own, experts advise paying attention to the cost of rent. Most of the time it's unreasonable low price hides some trick.

“If you choose an apartment on your own, carefully study the price situation on the market. The attractive cheapness of the offer is usually just a lure. While viewing the apartment and closing the deal, relax, do not be nervous, focus as much as possible on the documents and the lease agreement, and carefully inspect the apartment for any shortcomings. Do not react to the state of nervousness artificially created by many owners and unscrupulous agents, thanks to which the client will quickly inspect everything and return the money, ”advises Managing Director of MIEL-Arenda Natalia Sivko.

“Obviously, housing that is rented at low rates has certain disadvantages. For example, a low quality object ( an old house, lack of repair, furniture or household appliances) or poor location (far from the metro station, next to the train station or the market). Also, the condition of prepayment for a long term (six months, a year) or a short term of employment (often housing is rented out for the summer) contributes to a decrease in the cost. You need to focus on average rates, the description of the object in the ad, try to find out the details in a telephone conversation, and only then go for viewing, ”confirms Galina Kiseleva, director of the apartment rental department at INCOM-Nedvizhimost.

Keys in the morning, money in the evening

Experts advise not to pay realtors in advance, but to pay the owner of the apartment only after the apartment is carefully inspected and all the minuses are recorded on paper and signed by the owner.

“There are cases when a tenant looks at an apartment, pays a deposit to book an apartment, and sets a date for the transaction, and the landlord disappears or refuses to return the deposit, but does not enter into a deal. But by working with an agent, you can save yourself from similar situations: the company takes care of all the trouble. It is best to contact large agencies that have successfully established themselves in the market and can offer a full range of services,” explains Svetlana Birina.

The safest, according to all experts, is to work with a realtor. But even among them there are unscrupulous.

“The main rule that a tenant must remember when working with a realtor is not to pay money up front. Payment for the services of a realtor for a completed transaction always occurs after, and not before the start of work, that is, when he has fulfilled his obligations to the client, ”advises Natalia Sivko.

Hello to everyone who visited the site of the popular business magazine "HeaterBober"! With you is the permanent author of the resource - Denis Kuderin.

The topic of the new publication is rental housing. If you want to rent an apartment, a dorm room, a mansion by the sea or other real estate, then our article will help you do it as quickly as possible and at minimal cost.

Today you will learn:

• How to rent a one-room apartment or a room without intermediaries, so as not to be deceived?
• Can I rent an apartment for a day, hour or night?
• How is the contract concluded if I rent an apartment for rent from the owner?

An additional bonus for those who read the article to the end is an overview of the most reliable and inexpensive real estate offices that will help solve the housing problem competently, quickly and safely.

Content

1. What is the best way to rent an apartment - through a real estate agency or on your own?
2. How to find an apartment without intermediaries - 4 proven ways
   • Method 1. Through the Internet
   • Method 3. Through ads
3. How to rent an apartment from the owner - step-by-step instruction for newbies
4. Who will help to remove nice apartment– an overview of the TOP-5 real estate agencies
5. How to avoid becoming a victim of scammers - 4 useful tips for tenants
   • Tip 3: Don't post a deposit before the deal is done
6. Conclusion

1. What is the best way to rent an apartment - through a real estate agency or on your own?

Almost every adult has rented an apartment at least once in their life. Personally, I did this four times until I got my own housing. Twice I rented housing on my own and twice through intermediaries. Both options have their advantages and disadvantages.

The main advice that I can give to newcomers is that if you need to rent an apartment urgently (for example, the owners ask you to move out of the previous living space within a few days), act through the agency.

No matter how many websites you surf, how many newspapers with ads you read from cover to cover, the database of companies is still more extensive, and most importantly, their information is systematized.

But if the deadlines are not tight, and you can do the search properly and arrange, look for housing yourself. The only condition is that you must have at least minimal experience in cases of this kind. There are a lot of scammers in the housing market, as well as those who simply want to shove stale or substandard goods to “dummies”.

The rental process has many nuances. Only an experienced, sane and judicious person can take them all into account. The average tenant does not always fit this definition. Therefore, more often he overpays than rents housing with the benefit of his own budget.

Example

Phrases such as "apartment in good condition" or "apartment after renovation" each property owner understands in his own way.

For some, a good condition is the absence of leaks in the plumbing system and holes in the ceiling, and such trifles as the lack of sockets, a faulty shower and wooden windows with slots in the finger can be ignored. Someone believes that the period "after repair" lasts 5-10 years. Or vice versa, the work has just been completed, and the new tenants have to do the cleaning.

Therefore, each apartment needs to be worked out at the “telephone” stage. Otherwise, all your time will be spent looking at options from which your faith in humanism, human reason and justice will be seriously affected.

However, cooperation with the agency does not always guarantee the highest quality. Realtors are different. They should be chosen carefully and competently, as a future life partner. There are offices for which customer satisfaction is a matter of prestige, and there are those that don't care where and how you will live, the main thing is to get a percentage for intermediary services.

The best way to rent an apartment is to rent a living space from people whom you have known for a long time, but this opportunity is far from always and not for everyone.

I will announce three main criteria when choosing a rental property: comfort, safety, clear terms of the lease agreement. If you are able to get such an object without involving intermediaries - good luck.

If you doubt your abilities - look for a reliable, decent, trusted realtor. Do not smile skeptically after reading the last phrase - there really are such specialists, you just need to know where they live.

Read a detailed article on the choice of an intermediary - "Real Estate Agency".

In the table, the main pros and cons of housing search methods are presented in a visual form:

A few words about short-term rent. Today at major cities there are practically no aunts and grandmothers offering inexpensive housing to visitors and non-residents at railway stations. This niche is completely occupied by real estate offices.

True, there is a way for the advanced - short-term rental of private apartments via the Internet. On a special website, you book accommodation in advance for a set period, pay a fee and arrive at the appointed time. The apartment can be rented for weeks, days, hours.

Sometimes professional private realtors deal with such issues. You can easily find the specialist you need online. Just first check the qualifications of this person through all possible channels.

2. How to find an apartment without intermediaries - 4 proven ways

If you have chosen the path of the “lone shooter” and do not need help, first decide how you will search for the object you need.

There are 4 proven ways - I will describe each of them in detail.

Method 1. Through the Internet

Almost everyone has a computer or smartphone with Internet access today. The network has a sufficient number of free resources on which everyone can publish their ads for the sale, purchase and rental of housing of all sizes, types and price categories.

You need to study the offers and choose the appropriate options. True, it is necessary to first separate the "wheat from the chaff" - to exclude the announcements of intermediaries.

To do this, after selecting an offer, use the option "other apartments of this user". If the system gives you another 10-20 options, then you have a typical intermediary in front of you.

Other methods to distinguish the intermediary from the owner:

1. Owners usually list in detail the requirements for tenants - how many people and what nationality can live in the apartment, can they have children or pets. Agents are not interested in such nuances - the main thing for them is to quickly rent out housing to anyone.
2. Owners prefer to rent apartments for a long time.
3. The owners know exactly what condition their apartments are in, where the windows in the kitchen go, how long ago the renovation was done, and the names of the neighbors on the site.
4. Agents at the first call are usually interested in your personal data - they need to replenish the client base.

More details about the principles of the work of intermediaries - in the article "Realtor services".

Method 2. Using newspapers and magazines

Not everyone has switched to digital yet, and paper newspapers and magazines are still popular with certain categories of the population. Older or conservative homeowners often publish their ads in paper newspapers and bulletins.

Method 3. Through ads

If you are looking for housing in a particular area or even in a particular house, it is worth wandering around and reading ads on special stands, bus stops, or even directly at the entrances. This method takes a lot of time, but sometimes it helps to find really inexpensive housing in the area of ​​interest to you.

Method 4. Among friends and acquaintances

A good option for those who have many friends and acquaintances. Renting a living space from those with whom you constantly contact is a nice thing. I myself rented an apartment from friends, and it was easy, pleasant and cheap. But I want to warn you - you should not abuse friendliness: pay on time and monitor the condition of housing.

3. How to rent an apartment from the owner - step by step instructions for beginners

And now - step by step guide for those who have never rented a house on their own or have forgotten how to do it.

Step 1. Looking for suitable options

About how and where to look, I told above. Here I note that potential tenants need to decide in advance in which apartment and in which areas of the city they would like to live, and look for offers according to the planned parameters. This will reduce the number of unnecessary calls and search time.

Step 2. We contact the author of the ad

Specify in a telephone conversation important points, if they were not in the text of the announcement: what is the condition of the housing, is there Internet, who will pay for the "communal", what furniture and appliances are in the apartment, what tenants do the owners want to find, for how long the housing is rented.

It's okay if you seem like a bore to the owner - the more details will be clarified at the stage of telephone conversations, the better. It is also advisable to immediately find out if the person who is talking to you has documents confirming the right of ownership.

Step 3. We make an appointment and inspect the housing

Inspection of the apartment is the most important stage of the process. Do not be shy - look into all corners and ask questions: you live here, and you pay for it.

Check how the plumbing works - you can even ask permission to use the toilet and find out if the toilet works properly.

Check if the stove in the kitchen, refrigerator and other appliances are working. If they are faulty, immediately indicate this fact to the owner, or rather, enter it in the lease agreement.

Step 4. We conclude a lease agreement

culmination of the procedure. Surprisingly, a huge number of adults sign a lease document without reading it. This is a fundamentally wrong position. It is imperative to read the agreement - and not diagonally, but point by point. Ideally, the contract should be shown to a qualified lawyer, but this is a paid service, and not all tenants have extra money.

Therefore, I will tell you what the main attention should be paid to in the document:

• items relating to advance payment, deposit and payment - how much, on what date, to whom, in what way;
• clauses regarding late rent - insist that you will be responsible for the delay only if it happened through your fault;
• points regarding the responsibility of the parties - it is always useful to know who is responsible for what;
• items relating to living conditions;
• utility bills;
• clauses on early termination of the contract.

Discuss in advance the procedure for increasing the rent if you rent a house for a long time. For example, the owner has the right to raise the fee no more than once a year and no more than 10%.

Even if you rent an apartment from the owner for several days, you need a contract to pay exactly as much as you intend and not be responsible for what you should not be responsible for.

Read about the features of renting luxury housing in the relevant publication.

Step 5. We fix the meter readings at the time of the conclusion of the contract

Be sure to record the readings of electricity and water meters at the time of signing the contract. You do not want to pay the debts of past tenants?

If there is a debt for a “communal apartment”, the contract must indicate the amount that the owner undertakes to pay out of his own pocket.

If there are points you don't understand, you should clarify them in advance. To do this, use the free legal advice on the site Pravoved.ru. Thousands of professional lawyers cooperate with this resource, including specialists in housing issues.

You can contact them directly through the website or by calling the numbers below.

You can get qualified legal support right now - the Pravoved.ru resource works around the clock. To order services that go beyond the scope of the consultation, choose a paid legal assistance from the experts of the company.

If you do not want to rent, but rather, quickly sell an apartment, it is useful for you to read the article “Repurchase of real estate”.

4. Who will help you rent a good apartment - an overview of the TOP-5 real estate agencies

If you practice independent search you have no time, professional real estate agents will do it for you.

We have chosen the top five real estate agencies with an impeccable reputation and favorable terms of cooperation.

The Best-Nedvizhimost group of companies has been operating in the housing market since 1992. This is one of the leaders among the real estate agencies of the capital. The company has branches in dozens of cities of the Russian Federation and is engaged in any real estate transactions, including the rental of apartments to private individuals for any period of time.

The company employs only experienced agents with big amount successfully closed deals. Specialists will help you quickly find the right accommodation on your terms. The agency database has hundreds of options in all areas of Moscow or the city where you live.

The work experience of the Moscow City Real Estate Service in the housing market is 20 years. This is a universal agency that works with all types of real estate and provides qualified intermediary services in any housing transactions.

Do you want to rent an apartment for a day, half a year, 5 years? At your service are free consultations, quick selection of relevant options, professional preparation of a lease agreement, legal support of the transaction at all stages.

Miel Holding was founded in 1990. It is the oldest real estate company in Russia. Employees of the organization will help rent, buy and sell housing in Moscow and other cities of the Russian Federation on the most favorable terms for the client. The company has the largest real estate base in the country and 120 offices in the capital alone.

Agents will help you rent an apartment in the city, suburbs, in any area. Each transaction is reviewed by the company's internal legal department. In the base of the office, in addition to ordinary apartments, elite housing, cottages, VIP-apartments.

4) Incom

The largest real estate company in the Russian Federation with more than a quarter of a century of experience. Leader of the Moscow real estate market. In addition to intermediary services, it provides assistance in expert evaluation of objects and mortgage lending. The staff consists of exclusively professional agents, each of which specializes in a particular area of ​​real estate services.

Those wishing to rent a house through Inkom need not be afraid of fraud or pitfalls: the company works only with “clean” properties and closely monitors the legal integrity of the lease agreement.

The main principle of the organization's work is responsibility to each client and full satisfaction of his requests. In its activities, the company uses the most relevant methods and technologies of work. Each Alma employee is well versed in current trends real estate market and has more than one successfully closed transaction.

Company advantages:

• extensive database of objects;
• obligatory consideration of the interests and wishes of customers;
• transaction support at all stages;
• instant acceptance of the application for work;
• result guarantee.

The site has detailed material on the methods and principles of real estate agencies.

It does not matter how you are looking for an apartment - on your own or with an intermediary - you are not immune from deception. A lot of money is spinning in the housing sector, which means that there are more than enough people who want to profit at someone else's expense.

Some useful tips those who care about their own financial security.

Tip 1. Be sure to check the documents for the apartment

The advice is obvious, but for some reason many people neglect it.

And then it turns out that the person who rented the apartment to you and received money for it is not the owner of the apartment at all, but his second cousin. Or even an outsider who somehow got access to the object.

Tip 2. Cooperate with the landlord only through a contract

Any real estate transactions are documented. Even if you rent housing for only a week or a day, this should be recorded in an official document.

If the agent or landlord delays drafting the contract, citing vague reasons, look for another landlord.

There is no contract - no transaction, prepayment, advance payment and depositing funds on someone else's deposit. No verbal agreements, no "let's pay now and sign next week."

Handing over the keys to your hands should take place directly at the facility. At the same time, immediately check whether these keys fit the locks.

Tip 4. When working with an agency, be sure to check it out

The most pleasant-looking person - even if it is a pretty young girl who smiles at every word you say - can turn out to be a fraud.

If you work with an agent, be sure to check it out - call the office that he represents and ask directly if they have such and such an employee on the staff. It's better to be safe than to be the victim of a "divorce".

To consolidate the material, watch a short video on the topic of the article.

6. Conclusion

Let's summarize. Renting an apartment is not as easy as it might seem at first glance. To rent housing on favorable terms, you need to study all the nuances and features of the procedure in advance. And if there is no experience, time, desire to do it yourself, hire an experienced and reliable agent.

The team of our magazine wishes readers success in any real estate transactions! We would be grateful if you rate and comment on this article. See you soon!

First they look for each other: those who want to rent out their living space and those who want to rent it. Found. Further - it would seem, what is simpler - live, rejoice, do not forget to just pay for rented housing or cut coupons from rented meters. But in reality, things are not so simple. Today's material is devoted to the rules for renting and renting housing.

By yourself or through an intermediary?

There are two main options for renting/renting housing:
- independently (by shoveling through volumes of newspapers and magazines, specialized Internet sites, interviewing friends and acquaintances, re-reading ads on poles and entrance doors;
- contact professional mediators.

If you search rented apartment yourself, you can save a certain amount on the services of intermediaries. But there is a risk of losing a lot of time and even becoming a victim of scammers.

The second option will save you from unnecessary contacts. But even here you are not immune from dishonest intermediaries.

There are two types of companies operating in the apartment rental market: news agencies and real estate agencies. The first for a fee (money - in advance) provide a list of addresses of premises for rent. But often, at the named addresses, housing is already rented out or not rented at all. Money, of course, is not returned.

There is more trust in real estate agencies. They have databases that are updated daily. And at the request of the client take over the search suitable options apartments and their inspection, go to view housing together with the prospective tenant, negotiate with the owners of the apartment. Payment is made only after the conclusion of the contract between the tenant and the owner of the apartment.

Stage of residence

Before moving in, the owner and the future tenant need to discuss their relationship and fix it on paper.

What is a residential lease agreement? This is an agreement under which the owner (landlord) provides, for a fee, to the other party (tenant) residential premises for a limited period of possession and use of it. Now these relations are not fully regulated by law. Therefore, you can often find another wording: a lease or sublease agreement. Essentially, we are talking about the same thing. In accordance with the Civil Code of the Russian Federation, an agreement between the owner and the tenant on renting an apartment must be drawn up in a simple written form or notarized. Both types of contracts have the same legal force.

The contract must specify:
1. Subject of the contract (exact address and area of ​​the rented apartment);
2. The amount and procedure for paying rent;
3. Rights and obligations of the tenant and the landlord;
4. Responsibility of the parties in case of early unilateral termination contracts;
5. The term of the lease and the procedure for extending the lease agreement;
6. Details of the parties (surnames, first names, patronymics of the tenant and landlord, their passport data and registration addresses);
7. Date of signing the contract.

In addition, an integral part of the lease agreement is the act of delivery of property located in the apartment, with a listing of all things and objects.

The parties may, at their discretion, provide for other conditions in the contract. For example, the ability of the landlord to access the premises. This will protect the tenant from unexpected visits by the landlord. A special condition must be prescribed in the contract - to notify the tenant in advance about visiting the apartment, for example, in order to check its condition. The time of such visits is also negotiated.

Most often, the contract is concluded between two parties - the owner of the property and the tenant. Sometimes there is another participant - a real estate agency that has found a client to move into this apartment. But, as a rule, in the future it does not bear any responsibility and obligations to it (except for cases when the apartment is in its trust management). Further, an agreement is concluded with the owner of the housing, the agency, having received money for "pimping", washes its hands. It happens that a real estate company enters into an official agreement with a client, which states that if the client moves out of the apartment for any reason within 3 months, the agency undertakes to find another option for free. But this rarely happens. Therefore, contact the company that provides such a service.

On a note

The legislation does not provide for any time limits for concluding an apartment lease agreement. It is established by agreement of the parties. However, in practice, the contract is usually concluded for a year, and then extended on the same terms.

Why a paper contract?

It would seem, but not easier to agree verbally?

A "paper" contract is necessary to protect the interests of both parties. If we assume that the apartment is rented out on the basis of oral agreements between the owner and the tenant, then several problems arise:

1. The tenant does not have proof of the legality of his stay in the apartment, therefore he cannot register the place of his temporary residence with the internal affairs bodies;

2. In the event of conflict situations, when the owner tries to evict the tenant and recover damages from him and rent in court, the owner will have to provide witnesses who can confirm his claims. The tenant will also have to defend his interests with the help of witnesses. Even if the rent is simple, the lawsuit can drag on for a long time, and all this time the apartment will be occupied by the tenant.

In addition, verbal agreements can be interpreted by each party in their favor, so we recommend that you always draw up a written rental agreement, even if you are renting an apartment to a close relative.

On a note

If the apartment is in state ownership, then it can be rented out under a sublease agreement and only with the permission of the landlord represented by the city and all those “registered” in the apartment. If the apartment is purchased on a mortgage, it is necessary to provide a written permission from the bank to rent it out, unless otherwise provided by the contract.

Caution won't hurt

Before concluding an agreement, the owner of the apartment should check the passport of the future tenant (and make a copy of it in case you suddenly have to look for him along with law enforcement agencies), and preferably make sure of his solvency. It does not hurt to ask him for information about his place of work (name and address of the company), as well as contact numbers.

The future tenant also should not be shy to ask the landlord to show the documents for the living space (warrant, sale and purchase agreement, deed of gift, etc.). A passport to make sure that it is really the owner of the property, and not a figurehead. It happens that housing is rented out by a person who is not its owner. An agreement is concluded, the tenant pays money for accommodation, and the next day real owner apartments and puts the "guest" out the door.

Speaking of relatives

Sometimes a situation arises when, on behalf of the owner, an apartment is rented out by any other person: a son, relative, acquaintance, etc., or when the owner of the apartment is under the guardianship or care of other persons. General rule states: if, by law, the landlord has the right to independently make transactions, he can transfer this right to any other person. In this case, he must express his will in the power of attorney, which he issues to the authorized person. This person, as it were, replaces the owner in a deal for renting an apartment. The power of attorney must list the powers that the owner gives to the trustee. The document must be certified by a notary.

A completely different situation develops when guardianship is established over the owner of the apartment or he is in the care of another person. Recall that guardianship is established over minors (children under 14 years old) citizens, and guardianship - over minors (from 14 to 18 years old). Guardians have the right to independently rent out an apartment for the owner, and trustees - to give consent to the delivery of the apartment by the owner only after receiving permission from the guardianship and guardianship authorities.

Money up front!

The amount of rent is set by agreement of the parties (tenant and landlord). But often, in order to reduce the tax, the landlord and the tenant indicate a smaller amount in the lease agreement. If the disputes that have arisen are resolved in court, the court will operate with this particular amount, and it will be impossible to prove that the apartment is actually rented out for other money.

As a rule, when moving into an apartment, the tenant pays for the first month of residence and pays a deposit for the last. If the tenant complied with the terms of the contract until the end of the lease term, the deposit is either returned or counted towards the last month of residence. By using security deposit the landlord insures himself in case of possible damage to property, or if the tenant unexpectedly moves out, forgetting to pay.

If the apartment was found through an agency, an agency commission equal to or close to the monthly rate may also be paid.

The rental fee must not change throughout the term of the contract.

Be sure to clearly stipulate the terms and amounts of payment, who and for what will pay. In particular, utility bills. The standard scheme: the owner himself pays for the communal apartment, and everything that runs through the meter - water, electricity, heat - is the tenant. It is better if utility bills are included in the cost of the rent, and in this case the owner himself will be able to control the monthly payment for these services in order to avoid debts. If there is a telephone, it is advisable to prescribe in the contract the terms of payment for long-distance calls, the use cable TV, the Internet, etc. In any case, all additional payments must be agreed in advance, at the time of settlement and signing the contract of employment.

When transferring money, receipts must be exchanged.

About the cat and the birds

Preferably spelled out in the contract various little things: up to whether it is possible to check in with a cat Murka or a parrot. If the owner objects to animals in his house, additional terms this item must be included. Or, on the contrary, write that four-legged “tenants” will also live in the apartment. To stipulate, in case of damage by them to property, the amount of compensation for the damage caused.

A separate story - with repairs. Who should do it? If the contract provides for the condition that the apartment must be returned to the owner in its original form, this is one thing. You may have to make repairs or financially compensate the owner for losses.

Although there is such a thing as depreciation of property and premises. The same wallpaper, furniture, floor covering wear out over time. When the owner parted with the tenant, an assessment of the damage is made and it is determined who should pay for it - whether to write off the deterioration of the apartment for depreciation (which means that the owner makes repairs at his own expense). Or consider the damage caused, which is paid by the tenant. That's how the parties agree. The contract usually states that the tenant does not have the right to do any repairs or redevelopment without the consent of the landlord. To, for example, drill a hole in the wall to hang a picture or a mirror, you must obtain the written consent of the owner of the apartment.

On a note

If, after signing the contract, one or the other party wanted to add something else to the document, an additional agreement is made to the contract - also in writing, and signed by the parties.

Who will be responsible for the damage?

It is desirable to provide for various kinds of risks - flood, fire, etc., and who is financially responsible for this.

In the event of damage to the dwelling by third parties, in the absence of the tenant's fault, all risks of damage or destruction of the dwelling fall on the owner of the dwelling. An exception to this rule is those cases where the tenant did not leave the property within the period specified in the contract. In such a situation, all the risks fall on him.

What is the procedure for damages? In the event that damage or destruction of the apartment or the property located in it occurred due to the fault of the tenant, he is obliged to compensate for the losses in full. If he refuses to do so voluntarily, the landlord has the right to go to court with a claim for damages.

When concluding a contract, the owner can contact the insurance company and insure their property against the actions of third parties. The amount of insurance compensation for 1 million rubles. - 4-5 thousand rubles.

When renting an apartment, an inventory of the property and an act of transfer must be drawn up. This document is necessary to protect both parties from damage, both material and moral. If such a document is missing, and one of the parties suffers for any reason, it will be difficult to prove one's case. An inventory of the property will help to avoid unfounded claims from both the tenant and the landlord.

The inventory is drawn up in two copies, in a simple written form, indicating the full name, passport data of the parties.

doorstep checks

The tenant needs to go around the apartment and check the availability and condition of the items with the text of the inventory. Typically, the act of acceptance and transfer of property contains the following items:

• Description of the object's shortcomings. For example, the tiles in the bathroom are cracked, the socket in the room is faulty, there is a stain on the ceiling in the kitchen.
• Description of the transferred property. List all items of furniture and interior that are in the apartment at the time of the tenant's entry. When describing household appliances, experts advise not only to indicate the brand and model, but also to write down its serial number. Suddenly, an enterprising employer will replace the TV or washing machine with a similar technique, but faulty or worse in quality.
• Counter indicators. When drawing up an act of acceptance and transfer of an apartment, it is necessary to remove all the indicators of the meters and enter them in the act. This will help to avoid overpayments by both the owner of the property and the employer.
• Transfer of a complete set of keys from the object.

Notice to landlord and tenant

The landlord (owner of the apartment) has the right to:
- conclude a lease agreement, renew it after the expiration of the established period on the same or other conditions, or refuse to conclude it;
– make transactions with the apartment provided for by civil law;
- give consent to move in at the request of the tenant of other citizens; offer the tenant, at his own discretion, the amount of payment for housing, while unilateral change in the amount of payment for housing is not allowed;
- terminate the lease agreement in court;
- require the tenant to comply with the rules for the use of residential premises;
– require the tenant to pay the rent on time;
– enter the apartment in order to check its condition and the condition of the property at any time by prior agreement with the tenant;
- require the tenant to vacate the premises at the end of the lease term.

Must:
- to provide for rent residential premises in a habitable condition;
- Provide public services.

The tenant has the right:
– to use the apartment and the property located in it during the lease term;
– move your spouse and minor children into the rented residential premises (movement of other persons is allowed only with the consent of the landlord); provide housing to temporary tenants, having previously notified the landlord. Temporary residents are any citizens who come to the tenant of the premises with permanent place residence and temporary residents.

Must:
- to use the apartment handed over to him under the lease agreement for its intended purpose (only as housing), without the right to sublease ( rented apartment cannot be "retaken" again);
- comply with the rules for the use of residential premises;
- to vacate the premises after the expiration of the lease term specified in the lease agreement;
– freely allow the landlord to enter the apartment in order to check its use and the condition of the property;
- bear financial responsibility for the condition of the apartment and the property located in it;
– timely pay bills for electricity and long-distance and international telephone conversations;
- Carry out maintenance of the apartment.

Disperse ahead of schedule

The lease agreement can be terminated at any time by mutual agreement of the parties (landlord and tenant).

The list of grounds for early termination of the lease agreement at the initiative of the landlord is strictly limited. A residential lease agreement may be terminated in court at the request of the landlord in the following cases:
1. Non-payment by the tenant of the rent for the apartment on time.
2. Destruction or damage to the premises by the tenant or persons living with him.
3. If the tenant of the dwelling and other citizens living with him use the dwelling for other purposes, or systematically violate the rights and legitimate interests of neighbors.
4. The landlord may terminate the apartment lease agreement ahead of time on his own initiative and in other cases (for example, there will be a need to urgently sell this apartment). At the same time, he is obliged to warn the tenant at a certain time specified in the contract (say, a month) and incur certain losses (for example, compensate the tenant for a month's rent if he rents a new apartment or pay for the services of a real estate company to find a new option), if it is stipulated by the terms of the apartment lease agreement.

At the request of the tenant, the lease agreement may be terminated in court if the premises are no longer suitable for permanent residence or is in an emergency condition (not through the fault of the tenant), for example, due to a fire in the stairwell. In other cases, for example, when life situation changes, the tenant can also terminate the lease agreement ahead of schedule. At the same time, he is obliged to notify the landlord about this for a certain period of time and incur losses specified in the lease agreement (for example, to compensate the landlord for the costs of finding new tenants).

Advised the head of the office "Miel" "On Kakhovka" Maxim Borodynia

Since I already lived in a rented apartment and just wanted to find a better option, I had a lot of time to understand the common tricks and tricks of apartment letting agents. And there were not so few of them. Fake photos, non-existent apartments and more serious divorces with extortion of money.

In some of them I was convinced myself, I know about others from the words of people who were less fortunate and who gave their money to scammers.

Fake photos

This is the first divorce I've ever experienced. Not believing the overly cool pictures of cheap apartments, I decided to check them out in a Google image search. And I wasn't wrong.

Excellent apartment in the center of Kharkov

Most often, such apartments do not even require verification with Google. The ratio of price and quality in them initially looks implausible.

The meaning of divorce. You call this ad, and either the apartment is already rented and you are offered another option, or they ask for a small amount of money to view the apartment in advance. Needless to say, you must immediately send these people to Barcelona, ​​to their own apartment?

Defunct apartments

This is the trick that I've had the most trouble with. Notice boards are full of fairly high-quality apartments, but after calling the specified number It turns out that the apartment has already been rented out. For a long time I could not understand what the essence of such a deception was, until I accidentally went into the profile of one of the "owners" of the apartment.

The meaning of divorce. After you are told that the apartment has already been rented out, two outcomes can follow: you are immediately offered another apartment, or your number is included in the database, and you are called the next day from another number to offer agency services.

Prepayment for viewing apartments

Never, remember, never give money for viewing apartments or for services before you have met with the owner of the apartment and made a deal.

On the appointed day, you can for free come and see the apartment. The same applies to agency services. What is the point of paying an agent for his services if you have not yet signed a contract with the owner of the apartment?

The meaning of divorce. Divorces work on the principle of "little, but often." They ask for a small amount of money up front and then disappear with it.

Releasing an apartment

My friend, who rents an apartment for rent, faced this problem. Having rented the apartment to a young guy for one day and having come for the key the next day, she found an elderly couple in the apartment who had moved from another city.

From the words of the elderly, it turned out that they had found an apartment for long-term residence on the site a few days before and contacted the indicated number. They were offered to see the apartment in one day and immediately move in. When they arrived, the young man showed them the apartment, took the money for the first and last month, handed over the keys and disappeared. Probably the worst divorce ever.

The meaning of divorce obvious.

Agency contract

The last mistake that can be made when renting an apartment is to conclude a contract not with the owners of the apartment. The agency you go to may not be real, which is what a lot of people have experienced. Having signed a contract with the agency and having received (or not received) the key, you get an amount of money that is equal to two months of rent, and the office where the agency was located is no longer working the next day.

The meaning of divorce. Rent an office for a couple of days, get money from a few people and disappear.

Conclusion

Here are some tips to help you avoid getting into trouble:

1. Check the apartment thoroughly before calling the owner or agent. Don't forget Google Images and your intuition. If you see that the apartment is too good for the money, most likely it is a scam. But you can call and see for yourself.
2. Do not give any money before you meet with the owners of the apartment. Pay-per-view, agent advance and prepayment are all just banal ways to cheat you out of money.
3. Sign a contract only with the owner of the apartment. He must have a residence permit in his passport and documents of ownership.
4. Type in Google the query "black list of landlords". You will be shown a whole selection of sites with a list of unscrupulous landlords.

That's all. I hope you don't fall into the clutches of scammers. And if you have, please tell us about your experience.