What you need to know when renting an office - legal subtleties. Amount and types of rent. Registration of the transfer of premises

Our advice will be useful to those who conclude a lease for the first time commercial real estate and has not yet thought about what you should find out from her owner before picking up the keys and saying goodbye.

Utility Issues

The lease agreement between the landlord and the tenant has already determined who pays utility bills. If there is no such obligation of the tenant in the contract, then they, by default, are paid by the owner of the property.

If the tenant pays for utilities, you must definitely find out:

Payment of utility services

how much is the average monthly utility bill for your premises/building;
where and how to pay. Terms of making payments;
what types of services the meters are installed on (rewrite their readings in the act of acceptance and transfer and certify them with the signatures of both parties). Find out when these meters were calibrated (a special verification certificate is given for this) or you will have to do the verification during the rental process;
a list of utility providers for this commercial property (name, address, telephone). It is advisable to take from the landlord and copies of contracts with these organizations. With some of them, the tenant will have to conclude his own contract and pay utility bills for the office / premises on his own behalf.

Where to put garbage

garbage disposal - who carries out and what is the mechanism. Or just find out where the dump is.

Who to call in case of an accident

telephones for 24-hour dispatch services - in the event of an accident, which usually occurs suddenly, this is very useful.

Are there any debts for utilities (will they turn it off)

Does the owner have any outstanding utility bills?

Having received information on utility issues, you will be able to understand how many mandatory expenses await you, in addition to the rent and those that are accounted for by metering devices.

Room/building features

Take a good look around the premises before signing a lease and ask anything you don't understand. In the act of acceptance and transfer of space for rent, it is better to describe in detail all the problems and features of the building, the condition of the premises, and the equipment with which they are equipped.

In this way, you will save yourself from disagreements when returning this commercial property at the end of the lease.

Ceiling height

This parameter is important when renting premises for production or a warehouse so that high equipment can be placed. And for some other types of business. Usually, the height of ceilings in simple office premises is from 2.5 to 3 m.

And in large hangars or workshops - from 6 to 12, so that a crane can fit there, and not just a person and a chandelier.

Toilets, kitchen and other utility rooms

If you decide to rent an office in a building where the toilet is shared by several rooms, find out how to use it (key, payment for technical staff, etc.).

Alarms and fire fighting equipment

I advise you to find out in advance from the landlord the presence / absence of a fire and burglar alarm in room. And is there any other fire fighting equipment, or do you have to buy your own.

Phone and internet

How many telephone lines are in the room, is there Internet and what type and provider (if it matters to you).

Is it possible to carry out these types of communications to offices and other premises if there is no telephone and Internet. If possible, ask the providers of the Internet, not all providers are ready to serve a particular building.

If the room is in the basement or basement, and your employees will always be there, check if the mobile connection or you will have to install a signal booster so that you can reach your subordinates and receive calls from partners and customers.

Permitted electrical power

If you place a store with refrigeration equipment, a modern printing house with a lot of equipment powered by electricity, or other energy-intensive equipment in the building, then find out in advance what electrical power is allocated to your premises.

And will they be enough to serve your office, store or business.

Usually, if there is not enough capacity, this issue can be resolved in Inter RAO. But there are places in the city for which it is no longer possible to allocate excess electrical power for technical reasons.

Building Hours

If you rent space in an office or mall with a common entrance, then, usually, such buildings have opening hours and are open to visitors only at this time.

You need to find out if the schedule you require matches the schedule for the rest of the building.

Room locks

Discuss with the property owner:

how many sets of keys he has, which of them (or all) he gives you;.
do you have the right to embed your lock;
when and how the owner has the right to enter the premises.

Possibility of advertising on the facade

For most tenants, outdoor advertising on the facade of the building is very important. Whether the owner will allow you to place it - find out.

For example, we are ready to provide tenants for outdoor advertising.

Parking of vehicles of the tenant and his visitors

A very important point. Check if there is free parking at the leased space and where it is located. Paid/free.

Address, phone numbers of the owner and tenants

Write down as much contact information as possible for your landlord. He may break/lose one phone, but you will know the other or write him an email/snail mail. Or just drive home.

Because you can't even imagine what funny or difficult questions may arise during the operation of rented premises.

I advise the owners of the premises to do the same. You should always be in touch with your tenants and have a feel for what's going on, to help in case of technical problems. And to see if the tenant is not doing well, if his business is not going as well as he planned, that it's time to look for a new tenant.

Other issues of commercial real estate operation

I think that gradually, as situations arise and ways to solve problems are found, we will supplement our story with advice for tenants and landlords.

If you have any other problems or want to tell a funny story related to the rental of commercial real estate, write to us. Let's consult. We can publish the story.

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Sale of commercial real estate - very profitable thing, however, renting out real estate is also very profitable, because. in a few years, rental payments fully pay off the cost of real estate. And yet, rent remains the most common way to obtain the necessary space for most small and medium-sized businesses, whether it be office space, retail or warehouse. Firstly, rent does not require large one-time investments, which is very important for small companies and even for medium ones. And secondly, the lease of premises allows the entrepreneur to respond more quickly to the situation and change the place of his deployment, terminating the lease agreement, if such a need suddenly arises.

If you understand that you can’t afford to buy an office or a retail outlet, then you should think about renting a suitable space. In this article, we will touch on some issues that you should pay attention to when renting a retail space.
First, make sure that the commercial property you want to rent belongs to the landlord. Ask the owner for a certificate of state registration of rights, which would prove his legal rights to this property. After all, according to the law, if the landlord rented the premises to you in excess of his authority, then your lease agreement will be invalidated.

Be very careful when renting a room located on the ground floor of a residential building. Make sure that this room is transferred to the non-residential fund, and everything is framed correctly. Also, specify how the space can be used. If the documents say that you can open a hairdresser there, this does not mean that you can organize there grocery store. It is worth discussing this issue with the residents of the house in advance.

Another category of rather "slippery" real estate is extensions. There are extensions that are called "unauthorized" in the law, renting such premises is prohibited, so make sure that the owner has all the proper paperwork. It is prohibited to rent outbuildings that:

built on a land plot not intended for these purposes;
do not have all the documents required by law;
built in violation of existing rules and norms of urban planning.

Now that you have made sure that this room can be rented, carefully read the lease agreement, especially the payment points. If the room you want to rent needs to be renovated first, then try to negotiate with the owner to delay the start lease agreement or that the rent be different during the renovation or remodeling. At the same time, it is necessary to agree in advance with the owner about what repairs and to what extent can be carried out, how they will be paid and by whom. Who will install the alarm and who will pay for the installation. You can try to get the owner to return the funds invested in the repair and improvement of the premises. It could be cash or rent reduction.

Generally speaking, landlords are very reluctant to make such concessions. But the financial crisis has made serious adjustments to the real estate market, including commercial. For example, the sale of commercial real estate is now very difficult, as well as the delivery of premises for rent. Now during the crisis, many landlords are forced to make concessions in order to rent out their premises. Such issues must be discussed in advance and included in the contract (oral agreements in court are not valid). This will help you better imagine your next expenses.

To avoid subsequent disputes, it is very important to sign the deed of transfer, according to which the landlord transfers the premises to the tenant. Try to include in this act all the shortcomings of the premises in order to avoid later claims from the owner.

If the rent in the contract is specified without VAT, then you must calculate your real expenses including VAT and focus on them. Keep in mind that the lease agreement is drawn up for all leased areas, and not just for retail space. Therefore, try to negotiate that the rent for utility rooms, corridors, common areas is lower than for commercial premises. The separation of retail space and utility space is also useful for future tax payments, since if you pay taxes on an imputed tax, then utility rooms are not taxed.

It is necessary to discuss in advance such a serious issue as payment of utility bills and all similar expenses. Most often, utility bills are not included in the rent, so calculate in advance how much it will cost you to pay for water, telephone, electricity, rental of a driveway and parking for cars ... You may need to pay land tax, garbage collection, cleaning the territory ... If you rent trading area in a shopping center, you will also need to pay for the use of common areas.

Some citizens own several vacant or temporarily vacant apartments. Wanting to offset their utility bills, as well as trying to get additional source income, they rent them out. This is especially often observed in major cities Russia and, of course, in the capital. Unfortunately, many owners do not know how to properly rent out an apartment, avoid unpleasant sanctions in the form of fines, and at the same time save on tax payments. In this article, we will talk about just that. We will also consider what documents for renting an apartment must be drawn up in order to protect yourself and your property from dishonest tenants.

Step one: preparing the living space

Before renting an apartment, you must first prepare it for the new tenants. If it has not been renovated for a long time, update the wallpaper, ceiling and floor coverings. Thanks to even inexpensive cosmetic repairs, your apartment will look more presentable. This means that you will be able to rent it on more favorable terms. It is also necessary to pay attention to the repair of plumbing equipment and electricians. Protect yourself and your future tenant from possible troubles, for example, electrical wiring or flooding of neighbors from below.

If you want to profitably rent an apartment, make it cozy and comfortable for living. Furnish it and equip it with the necessary household appliances such as a TV, washing machine and refrigerator. You must take your personal, memorable or valuable things, as well as documents from the apartment. After the preparatory work, repair and arrangement, put the documents for the apartment in order. Turn off everything If necessary, turn off the landline telephone or long distance communication.

Step two: find a landlord

After preparing your property for rent, you can start looking for a tenant. You can do it yourself or ask the city real estate agencies for help (for a fee or even free of charge, they can take over the obligation to find clients). Advertise on specialized sites on the Internet, as well as place it in newspapers. As soon as you find a potential tenant, discuss all the nuances with him and come to a consensus, you can proceed with registration required documents. Important: only the owner can sign the documents - the one who owns the housing on the right of ownership, or the one who has a power of attorney to rent out the apartment.

Step three: drafting a contract of employment

How to rent out an apartment? It is necessary to conclude with an individual, a future tenant, a contract for renting a dwelling. In the event that your tenant is a legal entity, you will have to conclude a lease agreement. At the same time, it does not matter for how long you plan to rent out housing: for a year or for one day - in any case, you must draw up a document. It will not be difficult to find samples of standard contracts that spell out the obligations of the parties: both the landlord and the tenant. You can use a similar ready-made sample and supplement with those items that you deem necessary. In addition to the designation of the subject of the contract (provision for possession and use of free residential premises suitable for living for a fee), the deadlines for delivery, the amount of payment for rent and other important general provisions, you can write down the obligations of the tenant in the document, for example:

ensuring the safety of the premises;
maintaining the apartment in good condition;
carrying out current repairs of all breakdowns and malfunctions that occurred during the period of use of the premises at their own expense;
self-payment of utility bills, etc.

Also, the contract must be indicated and affixed personal signatures of the parties. Important: a lease agreement for a period of less than a year is not subject to state registration. We advise you to notarize the contract.

Step Four: Create a Property Inventory

An inventory of the property located in the apartment is integral. This document will ensure the safety and integrity of things transferred to the use of the tenant, and protect against theft. The description is drawn up in a simple written form. At the same time, it describes all the property (and its condition) that is located in the apartment, as well as passport data and signatures of the parties. The inventory is created in duplicate, as is the contract of employment. Be careful: in the process of signing all documents, you should check the correctness of the tenant's passport data and ask him for a copy of the passport. Now you know how to independently draw up an inventory of property and an apartment lease agreement with the tenant.

Taxes paid by the landlord when renting a property

Knowing how to properly rent an apartment, you will protect yourself from serious trouble with the law. Article 23 of the Tax Code of the Russian Federation states that any individual earning income must pay tax. The systematic rental of an apartment with regular receipt of rent is equated to individual entrepreneurship. And in this case, the landlord will be required to pay tax. Its rate varies from 13% to 30% for taxpayers with different statuses. Those who permanently reside in the territory of the Russian Federation, that is, residents, will need to pay a tax of 13%. For individuals residing in the territory of the Russian Federation for less than 183 days a year, the rate will reach 30%. The apartment rental tax must be paid once a year. At the same time, in order to calculate the amount of the tax base for the previous year, it is necessary to submit a declaration (3-NDFL) before April 30. There is an opportunity to slightly reduce the amount of payments by registering an IP. In this case, the tax deduction will be 6% of the income received. Choose the most suitable taxation method for you and submit your declaration on time.

Illegal rental of an apartment. Taxes and non-payment

All landlords should be aware of the following. If an apartment is rented unofficially, the law provides for various penalties. carries a severe fine. It can be 20% -40% of the outstanding amount. Violation of the law may result in criminal liability. For non-payment to the tax authorities of the amount of 600 thousand rubles. and more, the court can impose not only a large fine of 300 thousand rubles, but also imprisonment for up to one year. Do not think that he will not know about your illegal business activities. There is always a possibility that your neighbors, for example, dissatisfied with your noisy tenants, will complain to the district police officer or directly to the Federal Tax Service. Therefore, we recommend that you fulfill your tax obligations on time. Thus, you will protect yourself from possible troubles with the law.

Registration at the place of residence

According to the law, if a tenant rents your residential premises for a period of more than 90 days, he must be issued (otherwise - a temporary residence permit). To do this, he must submit to the local branch of the FMS an identity document, an application in the prescribed form, as well as a tenancy agreement. If temporary registration is not made on time, not only the tenant, but also the owner of the housing faces a fine of 2.5 thousand rubles.

Termination of a tenancy agreement. Can this be done ahead of time?

If necessary, the contract of employment can be terminated in advance. It is desirable that the conditions for its termination be written in advance in the text of the document. If such a clause is not provided for in the contract, then it can be terminated on the grounds that are provided for by law. If the tenant is an individual, he may, without giving reasons, cancel the contract and vacate the premises by notifying the landlord in advance, three months in advance. The owner of the property may unilaterally terminate the contract, which has a term, only in case of non-payment of rent or improper use of the residential premises, including deterioration of its condition. If the tenant is a legal entity, contractual relationship may be terminated early if one of the parties violates their terms. A tenancy agreement that does not have a term can be terminated by notifying the tenant three months prior to the actual eviction.

Finally

So, there are a lot of things to consider when renting out a home. How to rent out an apartment? First you need to correctly draw up a contract, prescribing in it all the obligations of the parties, the term of employment, the amount of rent and other important points. This document, certified by a notary, will protect the owner of the dwelling. In addition to the contract, an inventory of the property should also be drawn up, it will help to keep the landlord's things in good condition. It is important to remember that the legal rental of an apartment involves the mandatory payment of tax. Its amount is calculated according to the annually submitted declaration 3-NDFL. Failure to pay taxes can lead to serious problems.

What to pay attention to when choosing an office, so as not to sue the landlord later,” said Denis Bogdanov, head and practice of construction and real estate at REVERA, and lawyer Alexander Shtrikul.

— A real estate lease agreement is usually not taken as seriously as, for example, a purchase agreement: payments are extended over time and the amounts are not so significant, and it is easier to “exit” the transaction at first glance. Such underestimation often leads to financial losses for the business. Here are 5 top questions to help you avoid problems with your landlord.

1. What do you rent?

Having looked at a suitable object, first of all, request information about it. In Belarus, this information is in the Unified State Register of Real Estate, Rights to It and Transactions with It, in Russia - in Rosreest, in Ukraine - in the Department of State Registration and Notaries.

Why is it important? Through these resources, you can analyze not only the certificate of registration of his rights to the object once issued to the owner, but up-to-date information about the right holder, the arrests, prohibitions, pledges and other encumbrances of the object that exist right now, its actual physical characteristics.

If the object is not checked, the tenant exposes himself to several risks.

1. Rent an object that has not been registered. Why is it bad? A real estate object (permanent building, premises, parking place) is considered to be created from the moment of registration, and the rights to it also arise from the date of registration. Accordingly, if the building is not registered, then neither the landlord, nor even the tenant has rights to it, and in a conflict situation it will be very difficult to prove something, since the contract will not have any force.

2. If at the same time an unregistered object was not put into operation, then in principle it cannot be used. Any activity in such an object is prohibited and punishable by a fine.

3. Rent a premises, the purpose and characteristics of which are not suitable for the business of the tenant.

For some types of business, the intended purpose of the premises and its characteristics are critical - without this, they cannot fulfill licensing and other special requirements. Without checking the property, you cannot be 100% sure that you are renting the right space.

For example, a casino must have a room with an area of at least 250 m 2 and occupy it completely, and must not be located in the buildings of educational institutions, sanatoriums and health resorts, etc.

2. Who do you rent from?

And here, again, an extract from the above state institutions will help you - with it you will understand whether you are negotiating a lease with the owner, as this is the fastest and safest. In general, there are several options from whom you can legally rent space.

1. Rent from the owner is the safest option.

2. Rent at a unitary enterprise, rent on behalf of the trustee. The key point when renting from an enterprise is the approval of the lease agreement by the owner. The right of the manager to transfer real estate for rent must be provided by the owner in the trust management agreement.

3. Sublease. Under a sublease agreement, you can rent from someone who himself rented the object from the owner. In this case, the right to sublease must be spelled out in the original contract. If it is not registered, the tenant needs the written consent of the owner of the building to ensure that the "original" tenant leases the space vacated from him to a third party.

At the same time, it is important to remember that the termination of the lease agreement automatically “puts an end” to the sublease agreement: in this case, the rights of the subtenant are not protected in any way. This method can be used by an unscrupulous landlord in order to terminate the contract with a subtenant if such a landlord is an affiliated company with the owner.

4. Rent two or more owners. If a property is owned by several persons under the right of common shared ownership, then it can be rented out only with the consent of all owners.

3. How to check the reliability of the landlord?

To do this, you can turn to free public resources of government agencies.

In Belarus:

Intelligence
Unified State Register of Information on Bankruptcy
Information on liquidation, termination of activities of business entities

In Russia:

Information about state registration and current status of the organization
Tax arrears, non-submission of tax returns for more than a year
Messages of legal entities on liquidation, reorganization, reduction of the authorized capital, etc.
Information about the stages of bankruptcy of legal entities

In Ukraine:

Information about state registration and current status of the organization
Data on whether the company is registered with the tax authorities and whether it has a tax debt at the time of the audit
Website for clarifying data on bankruptcy proceedings opened against a potential partner

4. What is the best way to write down the rental price in the contract?

There are 2 most common options:

Specify a fixed amount (with or without VAT) for a specific rental period
Specify the formula for the calculation. Here it is important to make sure that all its components are constant and there is no variable coefficient that the landlord has the right to change. Otherwise, it may turn out that you expected to pay 2000 euros at the end of the month, but received a request for payment of 3000

What else should be included in the contract?

How often and by how much the landlord can demand a rent increase
Methods and terms of payment of rent
Clause that the fee is increased each time only by agreement of the parties

Remember that your expenses as a tenant will not be limited to just rent payments. They often include fixed costs for utilities and maintenance of the facility; one-time or periodic for re-equipment, repair and modernization of premises; losses (use of money over time) from the fulfillment of obligations to transfer the security deposit.

5. Will your investment in repairs compensate?

If you want to repair or re-equip the premises for your business, this must be agreed in writing with the owner in advance. If this is not done, then you may be required to return the premises to its original form or refuse to compensate your investment in repairs.

To understand what you can count on, you need to distinguish between 2 types of improvements: separable (for example, an air conditioner that can be dismantled and installed in another room without harm) and inseparable (for example, wallpaper that cannot be separated and fully reused).

Most often, problems arise with inseparable improvements. Unless otherwise provided in the contract, upon termination of the lease, the owner must compensate the tenant for their cost. This is quite logical, because his property was significantly improved at the expense of another person (tenant).

However, the tenant can claim compensation only if 2 conditions are simultaneously met:

There is no "non-refundable" clause in the contract
These improvements are approved by the owner.

As a summary

In summary, from our experience, you should not underestimate the lease agreement, you need to approach it with the same care as if you were buying a room, and not just renting it. This will help avoid unnecessary costs in the future.

What you need to know when renting an apartment, so as not to get into an unpleasant situation? How to find inexpensive, but at the same time comfortable housing? How to rent it for a long period of time?

About what you should pay attention to when renting an apartment, we will tell you later in our article.

What is called renting an apartment

According to the rental agreement, an apartment, house or a separate room is transferred to the tenant for a fee. He can own and use the residential premises, observing all contractual conditions.

It is worth saying that the owner of the premises can be not only physical, but also entity. Only an individual can become a tenant of an apartment.

Residential rentals are of the following types:

Social.
Commercial.

The first option does not interest us, so we go straight to the second.

Commercial rental It's just like renting an apartment. Here, the owner of the dwelling and the tenant are just free participants in legal relations.

They enter into a lease for an apartment. own will, after agreeing on all the conditions and requirements. IN without fail an agreement must be signed. Without it, you will not be able to prove anything in court (if any disputes suddenly arise).

Search for housing through a real estate agency

Anyone who wants to rent an apartment for the first time, as a rule, turns to a special company. When choosing an agency, you should focus on the advice of friends - the organization must be verified. A specially authorized person performs the following functions:

Selects an apartment based on the requirements of the client.
Agrees with the owner of the dwelling about the date of viewing.
Walks with the tenant and looks through the selected living quarters.
At the time of the conclusion of the lease, conducts all negotiations.
Provides the client with advice on all issues and nuances of the contract.
Checks the documentation of the owner of the dwelling.
Present at the conclusion of the lease. Engaged in drawing up an act of acceptance and transfer, which includes an inventory of the property of the residential premises.

In other words, he must accompany the client everywhere - up to the signing of the contract. The price for the services of a specialist is calculated on an individual basis - depending on each specific situation. Each company has its own price list for the provision of services of this type.

What you need to know when renting an apartment and how not to run into scammers

Fraud in the rental of residential premises is as follows:

Photos differ from the actual state of affairs

You need to be wary if the cost of renting an apartment and its repair have significant differences. If in the provided images the apartment looks like a luxury apartment (as if the photos were copied from magazines), but the rental price is low (or does not even reach the market value bar), there is a fact of fraud. The explanation may be as follows - the apartment shown in the photo has already been rented, so you will be provided with a different, lower quality one. In reality, the following may come to light: such housing simply does not exist, and never has. How to prove the fact that the images in the ad are not unique? Use the "Search by Image" service - various sites will show you all the matches. As a rule, such "announcements" pursue the following goal - on their basis, a base of possible tenants is formed.

Check address

Such an apartment may not exist at all. Carefully fill out the contract, verify all the information - even when cooperating with a real estate company and a specialist in this matter. Many are deceived - the address indicated in the agreement is not in reality. In other words, they pay rent for a non-existent apartment. If suddenly you or your friends are affected by this situation, terminate the lease on your own initiative. Just send a notice to the address of the landlord. If you don't have any documents, just forget about this apartment and that's it (you don't need to pay anything in this case).

Very often fraudulent realtors act as follows: they demand to pay for all the information services provided (the amount is approximately 9,000 rubles). This is followed by the transfer to the client of several numbers of landlords - they do not accompany the client at the time of inspection of the property.

Viewing for a fee

You do not need to pay money to view the rented apartment. No one has the right to demand money from you for this. If a realtor starts asking for money, then this is his way of earning money - that is, the transaction itself is not interesting to him. Sometimes it happens that the realtor and the owner of the premises collude and share the money from views 50 to 50%. Often, these tricks are "caught" by visitors - those who are poorly versed in all the nuances of this procedure. If you are affected by such a problem, do not continue cooperation with this realtor.

The property can be re-rented

It is worth remembering the following: tenants of residential premises do not have the right to share or settle for a while other citizens. It is not allowed to collect money from other individuals and commission fees. The conclusion of the contract should be carried out only with the owner of the apartment. You should first check all the documentation that serves as confirmation of his ownership.

Fraudsters may offer to acquire a customer base

This deceptive method was "developed" in the recent past. Such a realtor can tell the client that the database is updated every day, but if you pay for access to it, you can only get acquainted with outdated information. In order not to get into such a situation, study the various reviews of other people on the Internet.

Demand always leads to the birth of supply, but not every one of them will be honest. Therefore, the choice of a realtor should be approached with all responsibility.

How to rent an apartment

If you decide to look for housing on your own, you must select an ad from the owner of the apartment you like. In this case, you yourself appoint the time, date and go to the accommodation that suits you. Of course, in such a situation there are certain nuances. But most people prefer not to contact realtors and firms.

Sometimes it happens that you need to rent an apartment urgently - you can’t do without it. Let's say if a person long term goes on a business trip. You will need to shell out a rather large amount of money for a hotel, buying an apartment is very expensive, and the goal will not justify the investment.

Benefits of renting an apartment

Rented housing has the following advantages:

Tenant mobility. It is possible to move to another district or to another city - if offered a more attractive position. Or a noisy interchange or an industrial complex was built near the apartment building, it is quite possible to change the place of residence.
You do not need to do repairs and spend money on it. Only the owner of the dwelling will think about new furniture and plumbing. The fall in consumer qualities of the situation leads to a decrease in rent.

How to rent an apartment yourself

Verification of the owner of the premises

To make sure that the dwelling is legally clean, its The owner must provide you with the following documentation:

A document stating that he is the owner.
An agreement that serves as a confirmation of the ownership of a dwelling (for example, provide you with an agreement fixing the purchase and sale).
Identification.
If the landlord is a representative of the owner of the premises, they must be provided with a power of attorney certified by a notary. This document confirms the right to control.

It is necessary to ensure that there are no debts - that all utility bills are paid. Verification of all counters, receipts and payments must be carried out before the conclusion of the contract.

The consent of each of the owners of the premises

If the apartment has not one, but several owners(in other words, it is a fractional property), the lease requires the consent of everyone (all of them must be over 14 years old). This agreement must be signed by all the owners of the apartment (or any other individual who has a notarized power of attorney from them).

If you need to rent a room in a communal dwelling, you will need the consent of each neighbor. This issue is up to the landlord. They must also be provided with a document with the prescribed procedure for using this residential premises - in other words, in which room this or that owner is located. This will allow you to avoid unnecessary conflicts and unwanted collisions.

How to rent an apartment

If the document is drawn up correctly and has legal force, it should include:

Full name and personal data of the owner of the housing and the tenant;
The amount that the tenant will pay each month;
Situations according to which the payment for residential premises can be changed;
How many times the owner can visit the property to check it. Also, all the conditions for checks are prescribed here.
Information about persons who may live with the tenant.
Time period - when and for how long the property is rented out.
Terms of termination of the contract.
The contract should describe the housing in detail: it is necessary to reflect its address, area and number of rooms, floor, and so on.

Despite this, any agreement is individual - the standard form of filling in the legislation Russian Federation absent.

It is on the day when the contract is concluded that the tenant must ask the owner to provide an extract from the personal account. With the help of this document, the tenant will find out whether all utility bills have been paid (whether the landlord has any debts). He will also receive information about which people are registered at the address of the housing.

The apartment should not be with debts and registered citizens - individuals.

Important point: pay attention to the rights and obligations - and not only the tenant, but also the landlord. For example, it is necessary to determine the schedule of inspection visits to the leased premises by its owner.

Rent

The key issue is the amount of rent. The following information is mandatory:

Who is required to pay utility bills?
Who pays for the internet telephone connection and other services.

Any transfer Money must be issued with a receipt. There is an opinion that by demanding this document, a person expresses his distrust of the other side of legal relations. Although this is a completely normal situation - after all, you do not know what the other person is like.

The contract comes into force only after the signing by both parties of the act of acceptance and transfer of the apartment. This document should reflect the following information: the tenant was given housing for use and he accepted it, without any claims. After that, the tenant bears all responsibility for the premises. He must monitor the safety of the apartment and the property located in it.

Important point: if housing is rented for a year or more, the signed agreement must go through the registration process with Rosreestr.

And although the owner of the apartment should take upon himself the solution of this issue, any responsible tenant is obliged to follow how this formality is fulfilled.

The apartment cannot be sold or mortgaged before the expiration of the lease agreement. If the apartment is rented for a short time, you do not need to register anything.

A contract is a legal document. Just for this reason, any changed lease term must be formalized with the help of a special additional agreement. Very often, the landlord and the tenant sign an agreement to extend the lease of the apartment, keeping all the basic conditions.

It is worth mentioning that the transfer act necessarily includes an inventory of all property located in the residential premises (the one that is transferred for use along with the apartment itself).

What is a property inventory?

An inventory of property is called an appendix to a lease agreement. The inventory reflects the property transferred to the client for a certain time period.

The owner of the apartment has the right to include in the inventory: all furniture, electronic equipment, kitchen utensils, and so on. If something is lost or damaged by the tenant (not reflected in the property inventory), it will not be possible to return the item to the owner of the housing.

Rent contract

How is the document drafted?

As a rule, an inventory of property when renting housing (apartment premises) is filled out according to standards.

What details must be included in the act?

The document must have a title. It can be anything.
After that, it is worth registering where and when this document was drawn up.
Information about the parties to the agreement should be reflected. The data of not only the landlord, but also the tenant are described.
And the last - prescribe a link to the lease.
After reflecting and fixing all of the above information, the parties prescribe the following moment: the landlord transfers for temporary use not only the residential premises, but also the property located in it - the tenant must accept all this property.
The following is a listing of all property in the home.
Both parties put their signatures at the end of the document.

Nuances of registration of the inventory of property

It all depends on the transferred apartment, on what exactly remains in it. In some situations, certain difficulties may arise. For example, if we are talking about renting an empty apartment. In such a situation, there will be almost nothing to prescribe in this document when renting an apartment. Only water meters, plumbing fixtures, and others located in the building will be described.

It is worth noting that today citizens often rent out an apartment completely ready for occupancy (that is, with all the necessary property - even with forks and spoons). This leads to the fact that the inventory of property may take more than one or two sheets.

The most important thing in similar situations- do not ignore the established rules, prescribe and reflect any item in the housing. In addition, there is an option with fixing the state of the entire property on a photo or video. These images can later be attached to the lease agreement. The inventory of property is a complex legal document that, in the event of disputes, can protect the interests of the landlord.

Rules for renting an apartment for a long time

Be sure to check whether the owner of the apartment has the right to rent it out. Carefully study all the documentation provided to you.

What questions to ask when renting an apartment

It is imperative to clarify at what address the owner of the dwelling lives. Check his personal data (phone number, address provided to you).

Check the conditions under which the Internet is connected in the residential area (if it has already been done, specify who and how will pay for it).

When inspecting a rented apartment, check the condition of the plumbing and electrical wiring. An important point: if only a few devices are connected (we are talking about an electric kettle, a laptop, a washing machine), the plugs should not be knocked out. It is also worth making sure that there are no ants, cockroaches and so on in the rented apartment.

If the inspection process reveals any specific malfunctions, ask the owner of the premises who will pay for the repair work.
If you rent a room that does not have a lock (or you are talking about paying for one bed), no deposit is required.

The windows of the dwelling must be in good condition. Otherwise, in winter time years in the apartment will be excessively cold, and in hot weather it will be difficult for the air conditioner to perform its functions.

Be sure to record the numbers of emergency institutions that you need to call in the event of an emergency. A copy of the lease agreement must contain a note about the monthly payment of rent. The owner of the dwelling must put his personal signature without fail.

Property in a rented apartment

Clarify the issue with appliances and furniture - will you be able to use the owner's furniture or will you need to transport your own. Since the market price of renting premises is always unstable, it is not necessary to draw up a lease for long time for a certain price. Of course, this is just advice, the decision is still yours anyway, but if prices suddenly fall, you can always find more cheap option rent (or ask the landlord to give you a discount).

When signing a lease agreement, the owner of the dwelling must give you all the keys. They definitely need to be checked. And don't forget: no one has the right to demand money from you for the keys. This will be an illegal requirement, which you are not required to comply with at all.

As a rule, the lease agreement is concluded for exactly one year. This is beneficial to the owner of the premises, since such an agreement is considered to be concluded for a short period. Thus, the tenant will not be able to let other tenants live with him without notifying the owner. If you have a desire to extend the term of the contract, simply sign the necessary agreement. This must be done 30 days before the end of the temporary period of the lease of the residential premises.

Establish contact with the owner of the rental property and neighbors, this will help you avoid many problems.

Rental period

There is a common misconception among tenants - the landlord has the right to put them out of the apartment at any time. In reality, everything is not so simple, the landlord cannot expel the tenant before the time period of the contract expires.

Another important nuance: if you have signed an agreement to rent an apartment for a long period (more than a year), the tenant has the right before other persons to extend the agreement. And if the landlord starts simply referring to the fact that he did not like the person, and he wants to move in other tenants, this will not become a serious reason at all (of course, if the tenant has not committed anything illegal). Eviction in such a situation is possible only through legal proceedings. The court will consider whether there are violations of the legislative norms of the Russian Federation, or violations of the lease. That is:

If a person does not pay the rent of a dwelling.
If he let strangers (not reflected in the contract) live in the apartment.
If the tenant has damaged the premises (or if it has become impossible to live in it).

But in practice, such situations do not occur very often.

Compensation for damage

Before the end of the contract, the tenant and the landlord must jointly check all the property with the help of an inventory. The tenant is obliged to return all things in proper condition. In case of damage to an item, the issue is resolved in various ways. Of course, it is best to find a compromise solution (for example, if the refrigerator breaks down, the tenant can pay for its repair or reimburse the cost). But if the tenant is not to blame for the breakdown, it came to proceedings in the courts, the concluded apartment lease agreement will serve as evidence. It must be signed by both parties to the relationship.

And the last: always read what you sign when renting an apartment! Even if you have tracked every step of the landlord, be sure to read everything written at the end! Only then should you put your signature on the contract! If you do not have sufficient knowledge in this area, it is best to seek help from a specialist. A professional lawyer will explain to you all the nuances and help you avoid mistakes when concluding a lease agreement for an apartment!

The rent of apartments and other premises is regulated by the Civil Code of the Russian Federation.