Why do I need a security deposit when renting non-residential premises. What is a deposit when renting an apartment? What to consider when making an insurance deposit

First of all, the security deposit is not a pledge and. Other names for this instrument do occur: for example, a security deposit, a security deposit. But it is important to understand that the differences from a deposit and an advance payment are significant, and misunderstanding of this difference can lead to conflicts at the end lease relations.

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

“When concluding a rental transaction and instructing apartment owners, we always say that the security deposit is a kind of refundable amount that can in no way be used as payment for the last month and is in no way connected with the rental deposit,” says Vadim Lamin, Head of Penny Lane Realty Luxury Apartments Leasing Department. - An insurance deposit is a certain contribution equal to one rental rate, which provides comfortable conditions for the homeowner in case of possible damage to the property of the apartment by the tenant.

I'll tell you in more detail: the annual contract has ended, the tenant has paid for the last month, the procedure for the reverse acceptance and transfer of the apartment is underway, and here the insurance deposit that was kept by the owner of the housing pops up. At the act of acceptance and transfer, the owner inspects the apartment. The owner clarifies if everything is in order with furniture, repairs, phone bills, etc.” The amount of possible damage, refurbishment, and other costs to bring the apartment back to its original form is estimated. After deducting these costs, the owner must return the amount of the security deposit to the tenant. If no damage was caused to the property, the full amount of the security deposit is returned to the tenant. Thus, the main purpose of the insurance deposit is to protect the interests of the owner of the property.

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

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

A pledge or deposit was originally called the amount paid by a potential tenant in confirmation of his obligation to rent this apartment before a certain period (a kind of “booking”). In this understanding, the deposit is not currently applied for rent, with rare exceptions. The wording "deposit - 1 month", which most often appears in advertisements for renting inexpensive housing, speaks specifically of the security deposit. „Insurance deposit for renting an apartment and security deposit for renting today - different names the same concept. The security deposit is taken at the time of the conclusion of the lease agreement and is usually equal to the monthly cost of the lease. The insurance deposit is never accepted as payment for the last month of living, it is not a payment, it is a reserved amount of money in case of possible damage to the owner’s property, unpaid utility and telephone bills, and so on,” says the first deputy director of the Miel-Arenda company Maria Zhukova.

Source: rentalhome.ru

• On the recognition of the contract of lease of real estate invalid.
• Obligation to conclude a real estate lease agreement.
• On the transfer of rights and obligations under the concluded contract.
• On the recovery of rent arrears Art. 309, 614 of the Civil Code and sanctions for non-payment or late payment of lease payments.
• About damages.

It is probably worth starting with the fact that civil law does not know the concept of "insurance deposit". This definition was derived by practice and is understood as the payment by the tenant of a certain amount (in practice, most often equal to one monthly payment for an apartment), which in case of damage to the leased property, non-payment of utility bills, etc. will be retained by the landlord to cover possible losses.

It is probably worth starting with the fact that civil law does not know the concept of "insurance deposit". This definition was derived by practice and is understood as the payment by the tenant of a certain amount (in practice, most often equal to one monthly payment for an apartment), which in case of damage to the leased property, non-payment of utility bills, etc. will be retained by the landlord to cover possible losses. In the absence of such losses, claims from the parties to each other regarding the fulfillment of obligations under the contract of employment, the "insurance deposit" must be returned to the employer.

"Insurance deposit" and collateral

At the same time, one should not confuse and confuse the concepts of "insurance deposit" and "collateral". And although in practice these concepts are often recognized as identical, they are far from the same. Pledge is one of the ways to fulfill obligations. According to Art. 329, 334 of the Civil Code of the Russian Federation, the creditor (pledgee) has a priority right over third parties to receive the fulfillment of the obligation of the debtor (pledger) at the expense of the pledged property, if the debtor was unable to fulfill the obligation assumed earlier. That is, a pledge can be made by the tenant (pledger) to the landlord (creditor) to ensure the fulfillment of the obligation assumed.

The most obvious example is when a tenant undertakes to pay the rent for an apartment on time and at the same time pledges a certain amount of money to the landlord so that in case of non-payment rent his obligation to pay was fulfilled against the amount pledged. Thus, when signing a tenancy agreement, a deposit (for example, in the amount of a monthly payment) may be provided in order to guarantee payment of the tenant's last month of residence.

What can be secured with a security deposit?

"Insurance deposit", in turn, is not a pledge aimed at ensuring the fulfillment of an obligation. This is a way to guarantee compensation for damage if it occurs. As already noted, there is no such concept in the Civil Code of the Russian Federation, but when concluding an agreement on making an “insurance deposit” (both as a separate document and making such a clause in a residential tenancy agreement), one must proceed from the provisions of Art. 329 of the Civil Code of the Russian Federation, according to which the fulfillment of obligations under an agreement (including a contract of employment) can be secured in the following ways - a pledge, a deposit, a penalty, the debtor's property, bank guarantees, a surety and other methods provided for by law or an agreement.

We have already dealt with the deposit - at the expense of it we ensure the fulfillment of the obligation to pay the rent. But the fulfillment of an obligation that arose as a result of causing harm can be ensured just by an “insurance deposit”. That is, if the tenant caused damage during the period of residence in the apartment, spoiled furniture and household appliances, he is obliged to compensate for the damage in accordance with Art. 1064 of the Civil Code of the Russian Federation. If he is respectable, he can do it voluntarily, having determined together with the landlord the amount of damage. But if there are disagreements on the amount or other misunderstandings, the situation will have to be resolved only through the courts. Making and making an "insurance deposit", as a certain amount that will be withheld by the landlord in case of damage caused by the tenant, allows you to avoid these troubles.

The main points of contention and ways to resolve them related to the security deposit

Summarize. In practice, when concluding a rental agreement, the concepts of a pledge, an insurance deposit and a rent payment for the last month of residence are often confused (it should be noted that there is no such concept in jurisprudence - this is nothing more than an advance payment). It is most legally competent to provide for several independent clauses in the contract: on a deposit - with its help, payment of the last month of the tenant's residence is guaranteed (if the last month is paid in in the usual way- he is coming back); about the insurance deposit - in the absence of damage to the property of the landlord or third parties, it is subject to return to the tenant in full; advance payment for the last month - a one-time payment of an amount equal to the amount of rent for several months.

Most often, if a deposit is made, then the last month is not paid, sacrificing the deposit. In this case, there is no violation of the rights of the parties under the contract.

But if the contract only provides for a deposit that was donated towards the payment of the last month, then at what expense Money compensate for the damage caused, unpaid utility bills, internet, phone, etc.? Accordingly, it is most reasonable to provide for both of these legal institutions in the contract of employment. But it is obvious that depositing several amounts at once, and taking into account the real estate commission, may simply be unbearable for many landlords, and a compromise must be sought in these matters.

Renting an apartment is one of the most common schemes for earning money in the real estate market. But this type of 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 tenants 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.

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.

What is a deposit when renting, renting and renting an apartment and what does it mean? The rental security deposit is the amount that the owner takes from the tenant to ensure the safety of the property located in the apartment. It is usually equal to the amount of the monthly rent and is transferred to the landlord on the day of signing the contract of employment and transfer of the principal amount of the stay for the first month.

This amount is returned to the employer under the following conditions:

• if the tenant is evicted and the tenancy agreement is terminated;
• if at the time of eviction the apartment and property are transferred to the owner in their original form.

REFERENCE A: The amount of the deposit is not refundable if, during the inspection of the apartment, the owner reveals the fact of damage or lack of property. In this case, the money will be used to compensate for the damage.

Basic concepts

What does a deposit mean when renting and renting an apartment? Many people often confuse the concepts of “deposit” and “deposit” when renting and renting an apartment, giving one for the other, or even believing that they are one and the same.

A security deposit is a payment made by the tenant to the owner, and serves as confirmation of a serious intention to rent a property for a specified period. Just like the deposit, it is equal to the monthly rent.

The main difference from the deposit: it compensates for the cost of a monthly rent. The need to take this contribution is dictated by the following: tenants often move out without warning after 1-2 months of residence, which creates additional problems for owners who want to rent an apartment for a long time. Having received the deposit, the owner will be left with monetary compensation in the event of an unforeseen departure of the tenant.

How to rent an apartment? The amount can be used by the tenant as the rent for the last month of stay. If the term of the lease agreement is coming to an end and the parties do not want to renew it, then the tenant has the right to either return the paid deposit or live the last month in the apartment for free.

IMPORTANT: Do not confuse a deposit and a deposit with a rental fee. This amount is given to a one-time intermediary for the provision of services to find housing or an employer. Its size depends on the cost of the monthly rent. Usually it is 50-100% of the payment.

Is it required?

Require a security deposit or not - the decision remains with the owner. There is no such article or clause in the legislation obliging to draw up a contract of employment with an insurance payment. That is why tenants who want to rent a home with a minimum of initial costs often do not agree to a deposit or security deposit.

To withdraw without collateral: how is it? Someone considers the condition of making a deposit when renting an apartment illegal. Is it so? Legislation does not precisely define such concepts as an insurance deposit or pledge. However, these concepts and situations in which they can be applied are found in the Civil Code:

1. According to Article 329 of the Civil Code of the Russian Federation, a pledge is one of the forms of securing the fulfillment of obligations by the tenant to the owner.
2. In accordance with Article 1064 of the Civil Code of the Russian Federation, a person who has caused damage to a citizen's property is obliged to pay monetary compensation. Since the insurance payment is made just as compensation for the possible damage, the owners' demands for its payment are quite legitimate.

How to apply?

If the owner requires payment of a security deposit, then the transfer of funds must be documented. A separate agreement may be concluded between the parties to the transaction, in which the amount, date, purpose of money and conditions for the return of funds should be prescribed.

Another option is a subscription. However, this type of document only records the acceptance and transfer of money, but does not establish the conditions for their return and application in case of damage to property. The best option registration of the sum insured - the inclusion of data about it in the contract of employment as a separate item.

Drawing up a contract of employment

What should be included in a rental agreement?:

1. The exact amount (in numbers and words).
2. The obligation of the tenant to hand over the apartment upon eviction in its original form and condition.
3. The right of the owner to keep the money for himself if the apartment loses its original appearance or the property is damaged at the time of the eviction of the tenant.
4. The obligation of the landlord to return the deposit or deposit in full if the apartment is transferred to him by the tenant in the same condition in which it was accepted.

In order to avoid disputes over the state of the property, it is advisable for the parties to the transaction to draw up an inventory of all valuable things. Then both the owner and the tenant will be able to accurately determine whether the property has been damaged or not.

Return: is it possible and in what case?

All security insurance payments are returned if the tenant has met all the conditions specified in the contract. The tenant has the right to demand back the paid amount if the apartment was used by him for its intended purpose, all utility bills were paid in full, and the property was preserved in its original form.

However, some unscrupulous owners find different reasons not to return the money, for example, passing off the natural wear and tear of the premises as damage.

What to do if they don't give?

Is it refundable and how to return the deposit for renting an apartment? Apply to court with a claim, attaching to it a copy of the lease agreement, a copy of the passport and information about the owner. If the owner of the apartment does not return the deposit due to a temporary lack of money, promising to return the amount in a couple of weeks or a month, then you must definitely draw up a receipt.

What to include in it:

• amount;
• date of compilation;
• debtor's obligation;
• the passport details of the parties;
• the date by which the money must be returned.

If the money is not returned before the specified period, then with this receipt you need to go to court by writing an application for the issuance of a court order.

Accommodation search

More and more owners prefer to take a deposit, seeking to protect themselves from unscrupulous tenants.

How to withdraw without additional costs?

Necessary:

1. First you need to seek the help of relatives, friends or colleagues. Probably, one of them or their acquaintances is renting an apartment. Usually, when renting a property through an acquaintance, the owners do not take any additional payments.
2. Another option is to find affordable housing with modest renovations. As a rule, the owners of such apartments do not require collateral, since the property inside is not of particular value, and potential tenants are not always ready to pay a security deposit.
3. If you liked the apartment, but there is no extra money to make a deposit, then you can always agree with the owner by asking him to split the amount into 2-3 months.

Outcome

On the one hand, the requirement of the owner to pay a deposit does not allow you to quickly find a tenant. Not every employer is ready to immediately give both the amount for the first month and the deposit. On the other hand, this way of renting an apartment is safe and reduces the risk of property damage and theft.