A package of documents for renting an apartment. What do you need to know when renting an apartment? For what period should the contract be concluded?

The procedure for drawing up a lease agreement is as follows:

The process can take place either in the presence of an intermediary, for example, a real estate agent, or without it. Move-in takes place within the specified period after all documents have been correctly filled out and verified.

What papers are needed to rent out a home?

Certificate of ownership.
Proof of sale, gift or inheritance.
Certificate on the list of persons registered in the premises (taken from the housing maintenance office).
, notarized.
Passport.

Attention! If at least one of the above documents is not available, the tenant may face problems.

Possible problems

One of the registered tenants may come with the police and evict the tenant.
If there is no passport at the signing of the contract, then there is a danger that an unauthorized person who has the keys to the property will impersonate the owner.

The tenant provides identification - his own and other persons who will live in the apartment.

What needs to be signed?

. Mandatory items: deadline, address of residential premises, amount of payment per month. If the contract is concluded for a period of 1 year or more, its registration with Rosreestr is mandatory.
(read more about the property inventory act). The form includes a list of all pieces of furniture and household appliances and notes on their condition.
residential premises (how to correctly draw up an apartment rental acceptance certificate, read).
, if payment is made in cash, if the money goes to a bank account, then a receipt is not needed.

A receipt is an important argument in possible disputes, confirming the transfer of payment for residential premises.

To conclude a lease agreement, no one has the right to demand copies of documents.

A property inventory protects the tenant from theft and damage to property, because the deposit cannot include the cost of all items. Legally renting out an apartment with the correct execution of all documents is not only about receiving additional income, but also protection from possible problems.

Do you own a vacant apartment that no one lives in? Is it idle and you spend a lot of money, time and effort on its maintenance? It's time to stop this and make real estate a source of income! How to officially rent out an apartment and what is needed for this? You will find answers to these questions in this article!

Let's consider the advantages of legally renting out an apartment

1. Conclusion of an agreement. This will help you avoid many unexpected expenses and can even save you from big problems. We all know that employers are different. Some are very clean, honest and neat. Others are careless and irresponsible, and there are even scammers. It is the last category of people that can cause you a lot of problems. Therefore, take a close look at the personality of the employer. There are cases when tenants remove property and equipment from the apartment, damage repairs and furniture. To prevent this from happening, it is necessary to conclude an apartment rental agreement between individuals. It must be accompanied by a detailed inventory of the property that is located in it at the time of delivery of the apartment, and a description of any shortcomings that exist. It is also important to indicate in it who will be responsible in case of equipment breakdown, damage to repairs, and so on. It is important to indicate the employer’s passport details in this document!

2. No additional costs. Who should pay utility bills? Phone bills? Internet? Did you write this down in the contract? If not, then you will have to deal with your employers after the fact. Please note that not all of them are willing to pay these costs if you have not discussed this in advance. Your tenants could budget the amount you agreed on and save it from their paychecks. And when a kilometer-long telephone or utility bill arrives, they will refuse to pay, or they will not have money, because they plan all expenses in advance. And you will be left with nothing.

3. Impossibility of scam. You rented out an apartment to a girl student, and 15 workers live there? If you decide to officially rent out an apartment, then you will not face such a situation. Otherwise, anything is possible!

4. You are clean before the law. What could be better? Russian legislation states that if you want to rent out an apartment, you must pay tax on income from renting the apartment. If you want to avoid paying, you will face a fine, and in some cases even criminal liability! Don't let it come to this. Rent out your apartment legally!

We've sorted out the advantages. It's time to move on to step-by-step instructions.

Step 1: Preparing the room

First, you need to assess the degree of readiness of the premises for delivery:

Check all the equipment you have. Perhaps something is not working and needs to be replaced. So that later there will be no showdowns with employers.
It is also worth assessing whether there is enough furniture in the house, and in what condition it is. You may need to buy something additional. Because the more equipped the apartment is, the more expensive it can be rented out, which means the income from renting out the apartment will be greater.
If the apartment has not been renovated for a long time, do it. You don't have to buy expensive materials. The main thing is that they are reliable. Pay attention to wiring and plumbing! Protect yourself and future residents. Situations are different; no one is immune from shorted wiring and burst pipes. But you can make a little effort and minimize the risks. Think about the consequences. It is unlikely that anyone will want to rent an apartment that has been damaged by a fire or flood. This means you will lose income from renting out the apartment. And also the money you will invest in repairs. Because it is not a fact that the employer will want to compensate you for the damage. Be sure to include in the apartment rental agreement between individuals a clause dedicated to such circumstances and indicate the responsible persons!
Take all your valuables. Do the cleaning to make the apartment look clean and comfortable. Nowadays there is a very high demand for cozy apartments.
Prepare all the necessary documents, and also eliminate utility debts, if you have any.

Step 2: study the real estate market

The apartment is ready to receive new residents. But what price should I set? The task is not easy for those who do not know what to rely on. But we will tell you!

So, everything is very simple. You need to open several sites on which people post advertisements that they want to rent out an apartment for a long term. Next, find apartments located in the area in which you rent the premises. Find options that are similar in renovation, interior decoration and content. And based on the prices set by other owners, set your own.

Step 3: Finding an Employer

There are two options:

You can rent out an apartment without intermediaries. In this case, you will have to independently search for a tenant, answer all calls regarding the apartment rental, and, as a rule, there are many of them.
The second option is to rent out an apartment through a real estate agency. In most cases, agents will not charge you for this service. Nowadays, the commission to intermediaries for finding housing is usually paid by the employer. What are the benefits of renting apartments through intermediaries? The advantages of this method are that you save your time on finding clients and talking with them. There is one minus, but a significant one. You will have to wait a long time, since not all potential tenants are willing to pay a considerable commission to realtors, as a rule. If you still decide to rent out an apartment without intermediaries, then place an advertisement in the newspaper about renting out an apartment, on your social network page, or on popular Internet sites. Be sure to include high-quality photographs of the premises. In the advertisement, indicate that you want to rent out the apartment for a long term. And wait for calls.

Step 4: showing the apartment to potential tenants. Discussion of all the nuances

After you find potential tenants, you will need to meet with them so that they can look at the apartment and understand whether it is suitable for them or not. You should also evaluate future landlords and understand whether you want to rent an apartment to these people, or whether it is better to look for others.

If you and your future employers are satisfied with everything, then it’s time to discuss all living conditions. Amount and date of payment. The procedure for paying for utilities, Internet, communication services and others, if necessary.

If you have definitely decided to rent out an apartment to these people, then it’s time to move on to concluding an agreement.

Step 5: conclusion of the contract

It is very important to correctly conclude a rental agreement and write down all the nuances. The contract is your “safety cushion”. Because it states your rights and responsibilities as a tenant. That is, if anything happens to your property, you will not have to spend personal savings on restoring the original furnishings of the apartment. Because it is the employer who will compensate for the damage and bear all costs if the damage occurred through his fault.

What points are important to include in the contract?

1. Last name, first name and patronymic of the employer.

2. His registration address and all passport details.

3. Who can live together with the tenant in this apartment.

4. Can the tenant re-let the apartment to someone else (sublease).

5. Who is responsible for damage to property.

6. In which court to resolve controversial issues.

7. You must carefully fill in the address of the property to be hired. It is better to write it off from the certificate of registration of rights.

8. Your passport details, registration address.

9. Number of the certificate of state registration of the right.

10. Also indicate contact numbers so that there can be instant communication between you and the tenant. Because situations are different.

11. An inventory of the apartment and the property located in it must be attached to the contract. List any shortcomings, if any.

12. It is also important to determine how often you can check the condition of the apartment (usually no more than once a month).

13. It is important to provide on what basis the contract can be terminated or extended.

Attention! Before filling out, carefully study the tenant's passport. What you should pay attention to?

Validity. You can enter into an agreement with a person whose passport is invalid, and then it will be difficult to prove anything.

If you doubt the integrity of a citizen and want to make sure that there are no problems with the passport, you need to go to the website of the Federal Migration Service and check the document for authenticity. Anyone with access to the Internet can do this. For free!

You can also check the tenant on the bailiffs website for debts. It's completely legal and free.

The next step is to compare the passport photos with the face of the real employer. There are situations when people try to draw up an agreement in the name of another person by taking possession of his documents. Be carefull!

If you still have doubts, then you can ask the future tenant for a copy of the income certificate to make sure that he is able to bear the cost of paying for the apartment.

It is advisable to make a copy of the employer's passport. If any other people will live with him, then it is important to indicate their passport details, as well as full name. Be sure to take a copy of their passports.

How to officially rent out an apartment if it has 2 owners?

It often happens that several people own one apartment. What to do in this case?

First, obtain the consent of all owners to rent. Then there are two options for the development of events.

Let's consider the least expensive option that does not require additional costs. Proceed according to the algorithm given above, but remember that the agreement must be signed by all owners with their own hands!

For a number of reasons, for example, if one of the owners lives in another city and cannot come to sign an agreement, you can use option 2 for renting out the apartment. How to officially rent out an apartment in this case?

Act according to the algorithm given above. However, you will need an additional document, i.e. a notarized power of attorney from the owner. It will state that you can rent out the apartment on your own and receive money for it.

Please note that such a power of attorney is not done for free! You will have to pay. And as a rule, a fairly significant amount.

Is it possible to rent out an apartment with a mortgage?

Indeed, this is a fairly popular question among owners of an apartment purchased under a mortgage lending program. How to officially rent out an apartment in this case? First, you need to obtain permission from the bank for such actions. If it is received, then act according to the algorithm. In this case, no difficulties will arise.

However, there are situations when borrowers hide the fact of renting out an apartment that is under mortgage. What threatens them?

Firstly, a fine from the state for non-payment of taxes. Secondly, bank sanctions. He may demand early payment of the loan. Or give you a fine.

Taxes paid by the owner of a rented apartment

In the Russian Federation, the tax on leasing property is equal to the tax on personal income and is 13%. If the rental period does not exceed 11 months, the individual does not pay state duty.

What to do if you own several apartments intended for rent?

In this case, you should register as an individual entrepreneur. In this case, the tax amount will be different. You can choose the tax system that you like best. Namely:

Simplified system. In this situation, the tax will be 6%.
General system. In this case, the tax amount will be calculated as follows: 15% x Income from renting out an apartment - Expenses.

What documents are needed to rent out an apartment?

1. Passport of the owner/owners of the premises.

2. Certificate of state registration of rights.

3. Two printed contracts.

4. If your choice is to rent an apartment through an intermediary, then you need an agreement if you signed one with him.

How to collect money from tenants?

The easiest way is cash payment and handing over money. But he is not the most reliable. Because you may make a mistake when recalculating funds. Sometimes there is counterfeit money in circulation. In addition, with such a transfer, it is necessary to draw up a document stating that the tenant transferred the funds to the owner, and the owner received them. Simply put, an act of acceptance and transfer of money or a receipt. Therefore, it is better to automate this process.
Bank transfer. Agree with your tenants to transfer rent money to your account on a certain date. It is very comfortable. You can always take a bank statement and resolve controversial issues regarding finances if any arise. In addition, you will reduce the errors that can occur when paying in cash.

Helpful Tips:

Insure the apartment and the property in it before renting! This does not require a large investment, but it can save you from many troubles and additional expenses in the future. Currently, there are many companies on the market that are engaged in this type of activity. If you wish, you can even insure civil liability.
Pay close attention to your tax due date. You must do this before April 1 of the next calendar year. Otherwise, you will have trouble with the tax office, fines and penalties. This means you will incur additional costs. You need it?
Be sure to send a copy of the agreement to the tax authority immediately after signing the document!
And most importantly - do not violate the laws of our country!

The initial and constant requirement in order to rent out an apartment is the need to conclude an agreement. Drawing up such an agreement will provide peace of mind to both parties. Let's take a closer look at what documents are needed to rent an apartment and subsequently conclude an agreement.

What documents need to be checked when renting an apartment?

Certificate confirming the identity of the lessor, as well as his passport

Documents certifying the right to living space. First of all, these include a purchase and sale agreement, otherwise referred to as a contract for the separation of real estate for the benefit of the apartment owner

The original deed of transfer of real estate, which indicates state registration

Checks that confirm payment and absence of debts for utilities and housing and communal services

Availability of an agreement in writing or personal presence of all registered family members in the rented apartment

If for some reason the landlord cannot be present when the contract is drawn up and signed, his authorized representative must show you a power of attorney indicating the transfer of powers. The main element in this power of attorney is a direct statement that this person can sign the agreement, with the subsequent collection of rent and other things.

If the owner of the living space is under 18 years of age, then the authorized person must submit documents on guardianship from the guardianship authorities. Such documentation can be obtained from your local government.

What documents do you need to look at when renting an apartment?

Documentation from the tenant is a little easier. The tenant is required to present documents to confirm his identity, that is, a passport and all copies of passports of individuals who intend to temporarily reside in this living space.

Features when signing an agreement

According to legal requirements, in order to rent out housing to other individuals, it is necessary to draw up a tenancy agreement. The only exception is if the owner of the apartment is a legal entity, then a lease agreement is drawn up. In addition, the living space can be used by a legal entity as rented premises for citizens.

If you are not confident in your own abilities, contact a realtor, and look for an experienced specialist who really understands this issue. Show him the documents of the owner of the property, as well as documents related to the apartment that is being offered to you.

Article 671 of the Civil Code of the Russian Federation regulates the procedure for renting residential premises. According to what is specified in this article, a rental agreement must be concluded, the essence of which is that the owner of the living space provides the tenant with housing for possession and use for living. A legal entity can also rent residential premises, but this apartment can only be used for living; it is not possible to set up a warehouse or open a store there.

Basic things you need to know

Article 674 of the Civil Code of the Russian Federation says that a rental agreement must be concluded in writing. Article 288 of the Civil Code of the Russian Federation establishes that only the owner of the property has the right to rent it out, therefore, before signing the contract, make sure that the one who rents the apartment is really its owner. Therefore, the first thing to do is to ask the potential landlord to show a document that confirms his ownership. There are several types of such documents: certificate of ownership, gift agreement, purchase and sale agreement, certificate of inheritance, certificate of privatization.

When there is only one owner of a residential property, this is quite convenient; it is he who will sign the lease agreement, and this procedure can also be performed by his authorized representative (in this case, his powers are certified by a notary). The situation becomes more complicated if there are several owners - such an apartment can be rented out only when everyone who has the right to a share of the property agrees to it, so it is simply impossible to rent out a residential premises without the consent of other owners. Ideally, the agreement should be certified by the signature of each owner or his official representative (let’s say that one of the owners is a minor child, in which case a parent will act on his behalf). But if one of them cannot be personally present at the signing of the contract, the one who is engaged in renting out the apartment can take from him a notarized power of attorney in his name. He can also present the consent of all other owners, which also needs to be notarized.

What to do if the landlord cannot provide all the necessary documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with Russian legislation may be declared invalid, and problems will arise for the tenant.

What exactly should you ask the owner of the living space? You need to take an interest in the apartment: what it looks like, how many rooms it is, where it is located. Then you need to ask about the owners, ask to see documents for the apartment, and inquire about the list of people living in the apartment. If everything is clear at these points, you can ask about the rent - its size, how to pay it, etc., ask how utilities will be paid, and clarify the validity period of the contract.

What is stated in the contract?

In addition to the obvious things (term of the contract, amount of rent, etc.), it makes sense to indicate the time at which the landlord can visit the apartment, as well as within what period he must notify the tenant about this. Let's say you would like the landlord to visit the apartment no more than once a month, and he must notify you of this by cell phone and no later than three days before the date of the visit. Indicate this in the contract, and if the owner of the living space unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract, and that he is obliged to fulfill it.

It is useful, along with the contract, to draw up an act of acceptance and transfer of property indicating the defects, so that the landlord does not force you to answer for a broken TV or a sagging sofa that was damaged long before you arrived in this apartment.

Experts also recommend that when paying rent, take a receipt from the apartment owner for receipt of money, so that if a conflict situation arises, you can provide evidence that there were no violations on your part. The receipt must indicate the month for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed by both you and the owner of the rented living space.

If you pay for utilities under the contract, be sure to keep all receipts and receipts - this will also help in case of a conflict. It is highly not recommended to have a pet without the consent of the landlord; some landlords react very negatively to cats and, even more so, to dogs in their living space. In some cases, this may even be a separate clause of the contract, but, in principle, it is quite normal to agree with most people verbally.

Of course, it is impossible to foresee all cases, all possible reasons for conflicts. For example, it happens that the landlord has an extremely negative attitude towards the fact that other people suddenly appear in the rented living space, even if it is a friend who has suddenly arrived on a business trip or a girl he really likes. On the other hand, it happened that the apartment owner himself suddenly demanded in an ultimatum form that the tenant agree to tolerate some relative or friend of the apartment owner for a night or two. Not everyone likes this, so just in case, this can also be written down in the contract in advance.

It's time to move out of the apartment

How is the contract terminated? The simplest option is for it to expire, then by the time specified in the document the tenant is obliged to vacate the living space he occupies. If we are talking about early termination, then options are possible. For example, if the initiator of early termination is the owner, then you can indicate in the contract that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing. If money was paid in advance, the landlord will have to return it to the tenant.

If the tenant himself wishes to terminate the contract early, then the deposit, of course, will remain with the owner of the residential premises.

Don’t forget to think through your actions in advance, immediately decide what will be specified in the contract, and before you sign, be sure to read what you sign.