What is a deposit when renting an apartment. ○ How the deposit is transferred and returned. Legal regulation of the insurance premium

A person renting a house for the first time, looking through ads, is faced not only with the understandable words “monthly payment”, but also with a relatively new phenomenon - “deposit”. What is a deposit when renting an apartment, why is it needed, how to return it, is it legal?

concept

The very word "deposit" came from the banking sector, meaning some value temporarily placed in the bank. Applied to rental housing, a deposit is also a value, usually money given temporarily to a landlord. And the additional word "insurance" means what exactly this contribution is needed for - for "insurance".

So, an insurance deposit when renting an apartment is a guarantee of the safety of property in the form of a certain amount. Temporarily given by the employer as insurance against possible troubles: torn furniture, broken appliances, non-payment of utilities or rent.

An insurance deposit when renting an apartment is a guarantor of the safety of property

Deposit or pledge. What is the difference

It is necessary to distinguish an insurance deposit from such a legal concept as a "pledge". A deposit is a certain amount that the landlord takes when confirming the lease. Security deposit when renting an apartment, it is usually equalized to the cost of a month's rent and goes towards the first payment for housing.

The meaning of the deposit is to “insure” against possible, that is, probable, but by no means mandatory damage. A deposit is a temporary transfer of money in case property damage occurs. But if this does not happen, the entire amount is returned to the owner (tenant).

The insurance premium cannot be considered as payment for housing rent (neither for the first nor for the last month). The owner of the dwelling can take the money for such purposes only if the tenant has not paid the rent.

What does the legislation of the Russian Federation say

Any rental of an apartment falls under the jurisdiction of the Civil Code of the Russian Federation, namely Chapter 35 “Renting a dwelling”. This chapter regulates all elements of the lease: the object and form of the contract, the obligations of the landlord and temporary residents, housing fees, the terms of the contract and its termination.

There are no such concepts as “insurance deposit” or “deposit for an apartment” in the legislation related to rental housing. Therefore:

“what is not forbidden by law, then they are allowed”, that is, if both parties (landlord and tenant) agree, then the insurance premium clause is included in the employment agreement;
regulatory documents do not give clear instructions on the deposit, which means that this item is optional.

Thus, the insurance premium is an element of a housing lease agreement, which is not a strict clause according to the norms of the Civil Code of the Russian Federation, but is possible by agreement of the parties.

When renting an apartment, you need to make an inventory of the property

Advantages and disadvantages

A rental agreement has two parties. Often what is a plus for one is a minus for another. One thinks how to rent affordable and quality housing from an adequate owner. Another worries, no matter how the tenant spoils the existing property. Therefore, consider the advantages and disadvantages insurance premium costs separately for the owner of housing, as well as for a temporary resident.

Landlord

Pros:

protection of property from damage;
a guarantee that the temporary tenant will not “hang” on the owner the debts for utility bills;
psychological peace of mind (a deposit for an apartment gives a feeling of confidence that in case of an unfavorable outcome with tenants, they will not have to look for and recover money for damage to the apartment).

Minus one, as a rule, the amount of the deposit does not exceed the monthly fee, while the damage can be much higher than this amount.

Tenant

Pros:

high chances of hiring housing;
advantage over those who do not want to pay a deposit (the person, as it were, confirms his trustworthiness).

The downside is the additional financial cost.

The amount of the deposit depends on the condition of the rented housing.

Deposit amount

The insurance deposit for the apartment is determined by the owner of the apartment. The amount of "insurance", like the rent, depends on the status of the dwelling. The higher the status of the apartment (district, year of construction, living area, furnishings, interior), the larger the deposit. Most often, the amount of the deposit is equal to the monthly rent.

In some cases, the deposit may be more or less than the payment, which is fixed by the contract of employment. Sometimes the landlord does not take out insurance. Namely:

empty apartment (when there is no property, then there is no damage);
housing is in a very poor condition and needs to be renovated;
payment for housing is made not once a month, but two or four (once a week). This allows you to better control the safety of things;
a temporary tenant does not rent the entire apartment, but only a part of it (for example, a room). At the same time, the landlord himself lives with him;
negative or neutral attitude towards the deposit of the landlord himself (considers it illegal, not afraid of possible damage).

This option is possible when the landlord “goes towards” the client: the security deposit is divided into several parts (2 or 3), paid gradually, since the amount of insurance plus the monthly payment may become unbearable for the tenant.

All the nuances of insurance are discussed at initial stage drawing up a lease agreement.

The amount of the deposit and the terms of return must be specified in the contract of employment

Design rules

Since the legislation does not provide for the strict inclusion of an insurance premium in a housing rental agreement, each agency develops its own sample security deposit when renting an apartment. Record the fact of receiving monetary insurance in two ways:

clause in the lease
a separate agreement (comes as an addition to the main agreement).

Either option must include:

who transferred the money to whom (full name and passport details);
the purpose of the transfer of money (security deposit for the apartment);
amount (written in numbers and words);
method of transfer (cash or bank transfer);
two dates: receipt of money and their return (this date is conditional, since the lease agreement can be extended);
condition for the return of insurance Money.

In the case of transferring the security deposit in cash, the landlord writes a receipt by hand (or writes it in a separate paragraph in general agreement on rental housing). If the money was transferred by bank transfer, then bank checks (statements) are attached to the contract. All of the above can become evidence if there is a trial.

To avoid misunderstandings later, lawyers advise drawing up an act of transfer or an inventory of property in the apartment. Enter here:

a list of all things in the living room (furniture, appliances);
condition of things (excellent, good, satisfactory);
the presence of defects or damage to the property (so that at the end of the lease term, the owner cannot blame the tenant for damage to the property);
lack of debts on utility bills, payment for the Internet and television;
meter readings (water, electricity, gas, heat) at the time of the tenant's entry.

The document must be signed by both parties. If the transaction involves the participation of a realtor or other representative of the agency, then he also secures all sheets of the lease with his signature. Notarization of the lease agreement is not required.

Such a detailed preparation of a document on an insurance deposit is necessary so that in the event of a dispute (for damage to property and return of insurance), the party can prove their case.

At the end of the contract, the deposit is returned to the tenant. if there is no evidence of damage to property

Refund of a deposit

The deposit for the apartment is with the owner of the apartment until the end of the lease agreement. After the expiration of the current agreement, the contract is either extended, or temporary tenants leave the rented housing and the deposit is returned to them.

Formally, the return occurs in the same way as the transfer:

inspection of the apartment and all property for damage;
drawing up an act or inventory, where the state of things is prescribed;
return of funds in cash or non-cash way.

The described scheme is applicable if the landlord has no claims against the tenant. If there are any claims, then both parties to the rental agreement agree on the cost of damage, and then deduct this amount from the insurance. It is important here that the parties have the same vision of what exactly is considered "damage": the purchase new technology(furniture), instead of a broken one, or its repair.

It is possible to withhold funds in other cases:

the absence of all or part of utility bills (light, electricity, internet, television);
early termination of the lease agreement. If the break occurs unilaterally, without notifying the landlord.

All these points are prescribed by the rental agreement in the paragraph "return conditions".

An insurance deposit when renting an apartment is one of the elements of a modern housing contract. Despite the fact that it is optional by law, most owners include it as one of the clauses of the lease agreement. In fact, it means a temporary transfer of money, as “insurance” in case of damage to property. This is beneficial for both the landlord and the tenant.

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

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

The difference between a security deposit and a security deposit

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

Making an insurance deposit

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

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

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

Rules for issuing an insurance deposit

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

How to transfer the amount?

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

Common Mistakes

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

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

Is it possible to save?

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

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

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

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

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

What does the law say about the security deposit?

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

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

Summing up

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

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

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

Or at home for rent, the owner can put a condition on the payment of an insurance deposit.

Why is this necessary, how legal is this requirement, how to make the final settlement with the landlord?

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

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What it is?

Most often, housing is offered to tenants with full furnishings - furniture, refrigerator, washing machine, TV, etc.

Such a service is very convenient for residents, especially if they are young people who have not had time to acquire property.

Are there any risks for the landlord?

There are a lot of them, and here are the main risks:

Damage or loss of things;
Damage to expensive apartment repairs, plumbing;
Disappearance of tenants without full settlement with the owner;
Accumulation of unpaid utility bills, etc.

A security deposit is a certain amount that is paid by tenants to the owner, as insurance, in case of unforeseen circumstances related to tenants, to cover material losses caused by negligent tenants.

It should be mentioned that the concept of "insurance deposit" when hiring or renting is not contained in the legislation, such insurance arises when registering contractual relations between two parties.

The Civil Code of the Russian Federation has Article 622, according to which things transferred for temporary use must be returned in good condition, fit, but taking into account changes caused by long-term use, that is, taking into account depreciation.

This means that when accepting an object from tenants, the owner should not demand that the property be returned to him, after use for 3-5 years, in its original form, but simply in good working order.

Having spoiled a thing belonging to the landlord, the tenant, in accordance with Art. 1064 of the Civil Code must in any of the ways (by agreement) compensate for the damage.

At the same time, do not confuse the insurance deposit when renting with an advance payment or a deposit.

The amount insured in the event of trouble in the form of damage to property simply remains at the disposal of the owner so that he can restore the rental object to its previous state.

If there are no claims against the tenants, there is no damage, then the deposit is returned by the landlord to the tenants in full.

Usually insurance is equal to the amount of 1 month's payment for renting a house, which cannot be considered an excessive requirement - this amount can be negligible compared to the harm caused.

If you want to know how to draw up a rental (lease) agreement for an apartment between individuals, we advise you to read .

How to draw up a rental agreement?

It is not necessary to draw up a special deposit agreement, it is possible to include an additional clause in the rental agreement on the security deposit, the conditions for its payment and return.

It is also important to clearly specify, in terms of compensation, what damage this money can remain with the landlord.

A similar mechanism for the fulfillment of contractual obligations by the parties is provided for in Art. 329 of the Civil Code of the Russian Federation, therefore, making the terms of the security deposit in the main contract is a completely legal action.

The lease / lease agreement includes the conditions for opening a deposit account and the procedure for depositing money into it.

We offer you a sample apartment rental agreement with a security deposit: Download.

It is most reasonable to stipulate a deposit during the first month, but payment can be made in any way - in cash at the bank, by transferring money from the employer's account to the owner's account, etc.

It is important that the terms and conditions are specifically stated in the clause of the lease agreement.

Most banking institutions are well acquainted with such a procedure as making a security deposit.

The conditions are as follows: money is deposited one time, it is impossible to withdraw funds and supplement the deposit, after the agreed period, the accrued interest will be issued along with the deposit amount.

When transferring from hand to hand, the lessor is obliged, according to all the rules, to draw up a receipt for receiving money, fixing not only the amount and date, but also the intended purpose - insurance in case of damage.

The transfer of funds without specifying their function does not make it possible to understand what exactly was paid - rent, advance, pledge or otherwise, and cannot be accepted as evidence in court due to uncertainty.

When returning the sum insured, the tenant is obliged to issue a receipt, certifying exactly what amount and when he received from the owner of the apartment.

A mandatory requirement is the drawing up of an act of acceptance and transfer, which is an annex to the contract of employment.

It is in the interests of both parties to approach the execution of the act not formally, but very scrupulously: without fixing the presence of a certain thing, the owner will not have reason to demand it from the tenants when terminating the contract.

The act of acceptance and transfer of a dwelling during a lease is a two-sided document in which the landlord transfers, and the tenant accepts furniture for his use, household appliances, the room itself is in a renovated state, and you should not be too lazy and describe in as much detail as possible the brands of household appliances and equipment, floor material, etc.

When is the security deposit not taken?

Can the tenant save on the security deposit? This is quite possible if the rental apartment:

Empty - it has no furniture and household appliances;
Needs refurbishment, furnishings consist of antediluvian furniture.

Under such circumstances, the insurance deposit is not taken by the landlord, but living in a shabby apartment is not pleasant enough. Depending on the claims of the tenants and their needs, such a rental option is also possible.

Return

The return of the deposit after the expiration of the contract is an important procedure that crowns the rental of a home.

It is illegal to leave money to the owner at home, in the absence of damage.

If everything is in order, then the full amount of the deposit should be returned to the tenants, with bank interest.

In reality, damage to property is not such a rare occurrence.

Before submitting an invoice, you need to determine the amount of losses. If household appliances are rendered unusable, then, according to the act of acceptance and transfer, by a joint decision, the tenants and the owner determine what kind of monetary equivalent corresponds to compensation for damage.

In case of damage to floors, walls, etc. the parties must come to a common denominator on the cost of materials for restoration, adding to the payment for the work of a specialist.

The agreed amount of compensation for damage remains at the disposal of the landlord, if there is a balance of the deposit, then its owner is obliged to return it to the tenant.

If the deposit amount is clearly not enough to cover the losses, then the employer will have to pay extra.

If it is impossible to reach an agreement peacefully, the amount of compensation will be determined by the court.

An insurance deposit when renting an apartment is a well-established method that allows the landlord to protect his property from vandal tenants.

What is a security deposit when renting an apartment? We suggest you watch the video.

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 that a tenant undertakes to pay the rent for an apartment on time and at the same time pledges a certain amount to the landlord so that in the event of non-payment of the rent, his obligation to pay will be fulfilled on account of 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.

Main controversial points 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 stay is guaranteed (if the last month is paid in the usual way, it is returned); 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, which was donated to pay for the last month, then at what expense to compensate for the damage caused, unpaid utility bills, Internet, telephone, 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.

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.