How to search for an apartment for rent. Apartment rental agreement: how to draw up the right one? Advantages of a rented apartment

For many, renting a home is still the only option to get their own corner to live in, but not everyone realizes that, unknowingly, they can be deceived by some fraudulent landlord. Can you protect yourself from this risk? How to rent an apartment, so as not to be deceived - let's figure it out.

Real estate agency help

To relieve themselves of the hassle of finding a new home and paperwork, tenants turn to real estate agencies for help. A realtor from such a professional office will definitely advise you on all issues related to renting housing, collect Required documents, will help evaluate the property and draw up a lease agreement, although he will take about 50% of the monthly fee for his services rent.

But in order not to be deceived, you need to look only for trustworthy agencies - through friends and acquaintances, or on someone else's authoritative recommendation. If you treat the search without due care, then there is a great chance that you will fall into a fraudulent agency. To avoid being scammed, don't sign any paperwork with the agency until you're sure what you're paying for, and only pay when you sign the lease.

How to rent an apartment yourself

We were going to look for housing without the help of trusted agencies, which means that we will have to pay attention to more large quantity details. If you want to know how to rent an apartment, so as not to be deceived, remember the following: in order to avoid trouble, do not be fooled by a low rental price and look for an apartment at an average market value, and do not rent from a person who is not the owner of the house or a trustee. To check this, follow these steps:

Ask the owner for documents

Be sure to read the original documents that confirm the ownership of your tenant's housing. Contracts of sale, donation, privatization, if any, are also worth asking for. It will be very convenient if the owner provides an extract from the USRN (or DRPOU - for Ukraine), but in case of absence, it can be ordered at the district office - this information is publicly available, and you have the right to receive it.

Do not forget about the documents that identify the owner of the apartment. His passport data must certainly fully match the data indicated in the documents for ownership, up to the series and number. You have the right to make a photocopy of the landlord's passport or a picture using your phone, however, be prepared to provide your passport in return.

Ask the neighbors

The information collected from the neighbors of the apartment owners will help minimize the risks: they can tell, firstly, whether they know them by sight and whether they are decent people, and secondly, they will tell you how often tenants change there. Find out as much information as possible and draw conclusions whether it is worth renting this apartment.

Draw up an agreement

If you are interested in how to rent an apartment so as not to be deceived, then the question of whether to draw up a lease agreement or not should not even arise. It is with the help of a notarized contract that you can protect yourself and, in which case, defend your rights in court. Even if the landlord seems to be a wonderful, understanding person who is ready to make concessions, you do not know how things can change many months later.

Be sure to include the following in your contract:

• Passport details of both parties.
• Lease term. In the event that at the end of it you want to extend your stay in this apartment, you will need to extend the contract.
• Payment method. On what day of the month and in what currency you will pay for housing rent, is it possible to increase the rent due to changes in market prices, do you need an advance payment - all this you indicate in the contract.
• Discuss that when paying, the landlord will provide you with a written receipt of receipt of money or put a mark in the contract.
• Make an inventory of the property. Describe the items of furniture, household appliances, dishes, etc. that were in the apartment at the time of your move in, so as not to be responsible for things that are not included in this list. In addition, describe the general condition of the apartment, the performance of household appliances, any breakdowns and damage that are currently available.
• In the column on rights and obligations, you need to clarify all possible controversial points: Will you be able to make any repairs or rearrangements to the rental property, invite friends over for the night, etc.
• You should definitely indicate the possibility and conditions for early termination of the contract.

Get the consent of all owners

If the owner of the apartment is officially married, and the housing was jointly acquired, then ask the owner to provide a notarized consent of the spouse (s). The same applies to those cases where the apartment has several owners - it is necessary to obtain the consent of each in order to avoid further claims.

Find out who is registered in the apartment

Since all persons registered in the apartment have full right use this housing, then even after signing the contract you may be in for an unpleasant surprise. If you do not want uninvited guests to come to you - take the house book from the owner and find out who else is registered there. And then be sure to get from each of the tenants a written consent to your further residence in the apartment and write in the contract so that none of the persons registered in the house use this room.

If everyone has checked that you are not deceived, then you can safely rent an apartment, the main thing is to remember not only the obligations of the landlord, but also your obligations as a tenant.

And how to rent an apartment yourself so that the tenants do not deceive? Find out from this video:

Modern society is characterized by high mobility. We do not sit still: after school we go to study in another region, change jobs, create a family away from our parents, move from city to city in search of self-realization and personal prospects. The saying: “Where you were born, you came in handy there,” has long been considered an anachronism. Easily changing their place of residence, people are forced to look for housing for a long and very long term. It will be how to rent an apartment...

1. Turn to professionals

Of course, it would be best to contact an agency where a specially trained person will help you with the selection of an apartment and the preparation of primary documents. Only agency services can equal 50% or 100% of the monthly payment for the found apartment. And do not forget that in the real estate market there are a lot of one-day agencies that work according to the "prepayment - information" scheme. That is, you pay for a piece of paper with the addresses of rented apartments, the owners of which often do not even know that their apartment is “for rent”. Apartment swindlers, especially in the metropolis, are a dime a dozen, and new rental fraud schemes are emerging all the time.

2.Check documents

If you are lucky enough to find a landlord on your own, without intermediaries, then immediately ask if he agrees to draw up a lease agreement and provide all the necessary documents? If the landlord hesitates and tries to assure you of his decency, it is better to refuse such a deal. I'll explain why...

First of all, you need to find out if the owner of the apartment is real in front of you. It often happens that several people are registered in an apartment, and when one decides to rent out this living space without the knowledge of the other, the second has every right to raise the issue of your eviction at any time. By the way, the owner of the rented apartment is by no means a king and a god rolled into one. All his and your rights and obligations are regulated in legislative acts.

Secondly, there is a fraudulent sublease scheme, which falls on those who do not check the owner's documents and believe in the word. Imagine that a certain citizen X rents an apartment for a week from citizen Y. And after a couple of days he re-rents it for six months to citizen Z. He asks him for an advance payment for three or four months in advance (for example, to pay off utility debts) and disappears. And after a while, Y comes and absolutely legally and with a scandal kicks the unfortunate and short-sighted Z out into the street. Therefore, first of all, ask to see documents for ownership or a deed of sale, utility bills in the name of the landlord and check his personal documents (not only a passport, but also, for example driver license). Because forging one document is not difficult, but several are too troublesome. A dishonest businessman will most likely refuse your request for verification of documents.

3. Get to know your neighbors

Be sure to ask the owner to introduce you to the neighbors. Here it will certainly become clear whether this is his apartment. Find out from them the history of this housing: who lived before you, how often tenants change here - believe me, neighbors often have very interesting information. If the house is new, then it’s absolutely not scary if you go to the local housing office and check the name of the owner with aunts who are strict, but responsive to chocolate and compliments.

4. Draw up a contract

If all issues of ownership and the identity of the owner are settled, be sure to offer to draw up a rental agreement for the apartment. Even a handwritten document and signed by two parties (and ideally with a witness) has legal force. Tip: if the landlord is afraid of going to the notary, then in the contract indicate the rental period of no more than 364 days, that is, less than a year.

The rental agreement must contain the passport details of both parties, information about the apartment (address, footage, condition), rental period, cost and method of payment. Often hosts ask to pay a month in advance. This should also be written about. The immutability of the size of the fee is legally implied for the entire period specified in the contract.

5. Describe the property

Do not forget to make an inventory of the property and its condition in addition to the contract. Otherwise, later it will be difficult to prove that there was no TV in the kitchen, and the sofa was not torn off by your children, but by time and previous tenants. If you decide to settle down seriously and for a long time, ask the owner for written permission for small changes in the interior (for example, driving nails into the wall for your favorite picture), this will save you a lot of misunderstandings.

6. Rights and obligations of the parties

According to domestic law, all kinds of in-line repairs to housing, for example, leaking taps, fallen off wallpaper or a cracked toilet bowl, fall on the shoulders of the landlord. Therefore, be sure to indicate that troubleshooting will be carried out at the expense of the landlord, for example, at the expense of a monthly payment. Otherwise, you will be forced to fix the leak in the bathroom for your hard-earned money, or wait for this favor from the landlord. The owner has the right to check the condition of his house, but this does not mean that he can come without your knowledge or whenever he pleases - specify when and how you will contact.

7. End of rental

And, of course, stipulate the conditions for early termination of the contract. As a rule, we are talking about a warning about eviction for a month. By the way, there is no reason to evict you before the expiration of even such a homemade contract during the heating season. Well, except that you smashed the apartment, don't pay the rent, and generally a big sociopath, dangerous to others. Then, through the court (!) You can be put out the door in the cold. It is your duty to keep housing in order, not to delay payment, to reckon with the rules of human hostel and to adhere to the laws.

Renting an apartment is not difficult, it is difficult to do it correctly. Be vigilant, patient and respect each other!

Fresh renovation, cleanliness, a smiling and friendly owner and, most importantly, a very attractive price - all this is by no means a reason for a tenant looking for housing to immediately move into an apartment, let alone pay a deposit three months in advance. The RIA Real Estate website has collected five expert tips that will allow you to learn about the intricacies of renting and not be left with a nose, and besides, on the street.

Check the documents for the apartment

There are several types of fraudulent activities on the part of landlords that all those who are looking for rental housing should be aware of.

For example, says Maria Baskova, head of the rental department at Azbuka Zhilya, in lease relations there is such a phenomenon as sublease of housing - when the tenant re-let the apartment to third parties, of course, without informing the owner. According to the interlocutor of the agency, in this case, the scammer rents an apartment by the day, say, for seven days. During this time, he manages to retake it to several employers at a price much lower than the market price, but, having received an advance payment for several months, he hides. Failed tenants of the apartment are left without money and without housing.

Means of "self-defense" in this case are quite banal and simple. In order not to fall for the bait of a scammer, before paying money, make sure that the apartment belongs to the owner, Vadim Cherdantsev, senior lawyer of the Land. Real Estate. Construction practice, insists. "Such information can be obtained on the basis of an extract from the Unified state register rights to real estate. To get it, you need to submit a corresponding request to the territorial division of the Office of the Federal Service for State Registration, Cadastre and Cartography or (Rosreestr), pay 200 rubles of state duty and wait only 5 days. In Moscow, you can also contact the multifunctional center, they are available in every district. Any citizen can request an extract," the lawyer explains.

When renting an apartment, the tenant also has the right to demand a passport from the owner, and, after checking the documents for the apartment, conclude a rental agreement with the owner of the apartment, which should spell out the main wishes, requirements and obligations of the parties, Baskova adds. And, of course, you need to give money only against receipt, she emphasizes.

How to draw up a rental agreement. Council >>>

Specify the lease term in the contract

"In the spring-summer period, with the advent of seasonal apartments on the rental market, there are owners who give out the rent of their seasonal apartment for an apartment that is rented for a long time. As a result, the tenant is forced to look for housing again and move in a few months," - leads Baskova is another example of tenant deception.

In order to avoid such an unpleasant situation, you must immediately insist on concluding a contract in writing, indicating the terms of employment.

By the way, notes Cherdantsev, if the term is not reflected in the contract of employment, it is considered concluded for five years. After the conclusion of the contract, the owner will no longer be able to simply expel the tenant and terminate the contract. In case of any disagreement between the parties, the contract is terminated only in court, the lawyer clarifies.

Do not go to the apartment inspection alone

Be friendly but keep your distance from the host

As for the behavior of the tenant, according to Baskova, there is no need to invent anything or specially adapt to the landlord, the main thing is to be calm and friendly. "Never react violently to possible changes in the price or terms of the lease, if you build a conversation correctly and calmly, then the result will usually be in your favor," Baskova is convinced.

Gutu advises the tenant to treat the rented apartment as if it were his own, not to be afraid to nail a shelf or call a plumber once again. But what exactly is not needed, in her opinion, is excessive attention, tea parties and gifts to the landlord. As in any business, in a rental relationship it is important to show yourself responsible, diligent, with a good memory, but at the same time "keep your distance," the realtor notes.

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

By yourself or through an intermediary?

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

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

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

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

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

Stage of residence

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

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

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

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

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

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

On a note

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

Why a paper contract?

It would seem, but not easier to agree verbally?

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

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

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

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

On a note

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

Caution won't hurt

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

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

Speaking of relatives

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

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

Money up front!

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

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

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

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

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

When transferring money, receipts must be exchanged.

About the cat and the birds

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

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

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

On a note

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

Who will be responsible for the damage?

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

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

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

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

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

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

doorstep checks

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

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

Notice to landlord and tenant

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

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

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

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

Disperse ahead of schedule

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

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

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

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

If you are not sure about own forces, contact a realtor, and look for an experienced specialist who really understands this issue. Show him the documents of the owner of the housing, as well as documents related to the apartment that you are offered.

Article 671 of the Civil Code of the Russian Federation regulates the procedure for renting a dwelling. According to what is indicated in this article, a lease 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. Entity can also rent a dwelling, but this apartment can only be used for living, it is impossible to arrange a warehouse or open a store there.

Basic things to know

Article 674 of the Civil Code of the Russian Federation says that the contract of employment must be concluded in writing. Article 288 of the Civil Code of the Russian Federation establishes that only the owner of housing 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 a potential landlord to show a document that confirms his ownership. There are several types of such documents: a certificate of ownership, a donation agreement, a sale and purchase agreement, a certificate of inheritance, a certificate of privatization.

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

What to do if the landlord cannot present all 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 the norms of Russian law may be invalidated, and problems will arise for the tenant.

What exactly do you need to ask the landlord? You need to take an interest in the apartment: how it looks, how many rooms, where it is located. Then you need to ask about the owners, ask them to show documents for the apartment, ask about the list of people living in the apartment. If everything is clear in these paragraphs, you can ask about the rent - its size, how to pay it, etc., ask how utilities will be paid, clarify the term of the contract.

What is written in the contract?

In addition to obvious things (the duration of the contract, the amount of rent, etc.), it makes sense to indicate the time at which the landlord can visit the apartment, and also during what period he must warn the tenant about this. Suppose you would like the landlord to visit the apartment no more than once a month, and he must notify about this by cell phone and no later than three days before the date of the visit. Indicate this in the contract, and if the landlord unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract and that he is obliged to comply with it.

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

Also, experts recommend that when paying rent, take a receipt from the owner of the apartment for receiving money, so that in the event of a conflict situation, 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 utility bills under the contract, be sure to keep all checks and receipts - this will also help in case of a conflict. It is highly not recommended to start a pet without the consent of the landlord, some landlords are very negative about cats and, even more so, 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 in words.

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

It's time to move out of the apartment

How is the contract terminated? The simplest option is the expiration of its validity, then by the time indicated 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 here. For example, if the landlord is the initiator of the early termination, then the contract can specify that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing. If the money was paid up front, the landlord will have to return it to the tenant.

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

Do not forget to think over your actions in advance, immediately decide what will be indicated in the contract, and before putting your signature, be sure to read what you are signing.