Documents for renting out an apartment. Documents for rent. Inventory of valuables and meter readings
Even at the stage of housing selection, a potential tenant should weed out all those renting without official registration.
If the owner decides to rent out the apartment and save on taxes, having deceived the state, it is likely that in the future he will decide to make money from his tenant in a similar way.
First of all, a future employer should look at citizen's passport, from whom he is going to rent housing.
It is hardly possible for a non-professional to spot a fake by eye, but the document itself must be with the owner, and not somewhere else, for example, at the embassy on a visa.
It won't fit either photocopy separate pages.
Power of attorney
A situation is possible when an apartment is rented out by an intermediary acting on behalf of the owner.
Such a document should have notary record that all information contained in it is true.
The power of attorney must indicate the specific powers of the person, including the right to lease the named property.
Also make sure that document validity period not over. Be sure to make a copy of the power of attorney.
Title papers
In addition, the owner must confirm his rights to the apartment by showing the tenant the title document.
It could be purchase and sale agreement, certificate of inheritance, as well as other document.
In any case, you will have to contact Rosreestr to make sure that the information provided is up-to-date, because today you can sell real estate in one day.
Have the registrar issue the future tenant with a certificate regarding who owns the property.
When renting housing located in , it is necessary to require permission from the local administration in addition to.
What is required from the tenant?
What documents must be required from the tenant to rent out an apartment? The tenant is required only passport.
There is no need to copy passport pages, because all information from these documents will be indicated in the rental agreement.
What needs to be done?
When concluding a transaction, a number of important papers must be completed.
Agreement
The basis for the apartment rental relationship is agreement. Although the form of this document is not legally established, there are still certain
The contract must necessarily indicate the period for which it is concluded, the address of the apartment, the cost of one month of accommodation, the procedure for terminating and extending the rental relationship. More detailed information about the grounds and conditions for concluding such an agreement can be read.
When is the lease agreement expiration date? exceeds 1 year, then its necessary. And the tenant should keep an eye on this, because the apartment owner’s problems with tax payments may affect his property and, accordingly, the tenant. Perfect option– availability from the owner.
Inventory of property
In addition to the contract, it must be drawn up, which will be an integral part of the agreement.
In this document, the owner of the property lists all pieces of furniture, interior decoration, household appliances and other things that transferred for use along with the premises.
The tenant must ensure that the inventory includes information regarding the current condition of these things: external damage, malfunctions, other defects.
Otherwise, the owner can then demand compensation for deficiencies not specified in the inventory. Landlord's bank account, no need to draw up a receipt.
All papers listed in this section must be executed in two copies: one for the owner of the property, the other for the tenant.
Copies won't be enough.
As you can see, renting a home is not as complicated as it might seem at first glance.
Using the information in this section, you can easily arrange rental housing on one's own, without involving third-party lawyers for a fee.
What do you need to know when renting an apartment to avoid getting 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?
We will tell you further in our article about what you should pay attention to when renting an apartment.
What is called renting an apartment?
According to the rental agreement, an apartment, house or separate room is transferred to the tenant for a certain fee. He can own and use the residential premises, observing all contractual conditions.
It is worth saying that the owner of a residential premises can be not only an individual, but also a legal entity. Only an individual can become a tenant of an apartment.
Renting residential premises is of the following types:
- Social.
- Commercial.
The first option does not interest us, so we move straight to the second.
Commercial rental– this is exactly what renting an apartment is. Here the owner of the residential premises and the tenant are free participants in legal relations.
They enter into an apartment rental agreement of their own free will, having previously agreed on all the conditions and requirements. A corresponding agreement must be signed. Without it, you will not be able to prove anything in court (if any disputes suddenly arise).
Finding 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 rely on the advice of friends - the organization must be proven. A specially authorized person performs the following functions:
- Selects an apartment based on the client's requirements.
- Agrees with the owner of the residential premises on the viewing date.
- Walks with the tenant and inspects selected residential premises.
- At the moment of concluding the lease agreement, conducts all negotiations.
- Provides the client with advice on all issues and nuances of the contract.
- Checks the documentation of the owner of the residential premises.
- Present at the conclusion of the lease agreement. Engaged in drawing up a transfer and acceptance certificate, which includes an inventory of the property of the residential premises.
In other words, he must accompany the client everywhere - right up to the signing of the contract. The price for specialist services is calculated individually, depending on each specific situation. Each company has its own price list for providing services of this type.
What you need to know when renting an apartment and how to avoid scammers
Fraud in residential rentals can be as follows:
Photos differ from actual situation
You need to be wary if the cost of renting an apartment and its renovation have significant differences. If in the provided images the apartment looks like an elite one (as if the photographs were copied from magazines), but the rental price is low (or does not even reach the market value level), there is evidence of fraud. The explanation could be that the apartment shown in the photo has already been rented, so you will be provided with another one of lower quality. In reality, the following may emerge: such housing simply does not exist, and never has existed. 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 available matches. As a rule, such “ads” pursue the following goal: on their basis, a database of possible tenants is formed.
Check the address
Such an apartment may not exist at all. Carefully fill out the contract, verify all information - even when collaborating with a real estate company and a specialist in this matter. Many people are deceived - the address indicated in the agreement is not in reality. In other words, they are paying rent for a non-existent apartment. If suddenly you or someone you know is affected by this situation, terminate the lease agreement on your own initiative. Simply send a notice to the landlord's address. If you don’t have documents, just forget about this apartment and that’s it (in this case you don’t need to pay anything).
Very often, fraudulent realtors act as follows: they demand payment for all information services provided (the amount is approximately 9,000 rubles). This is followed by the transfer of several landlord numbers to the client - they do not accompany the client during the inspection of the property.
Viewing for a fee
There is no need to pay money to view a rental apartment. No one has the right to demand money from you for this. If a realtor starts asking for money, it means that this is his way of making money - that is, the transaction itself is not interesting to him. Sometimes it happens that a realtor and the owner of a residential property enter into an agreement and divide the money from viewings 50 to 50%. Often, visitors are “caught” by these tricks - those who are poorly versed in all the nuances of this procedure. If you are affected by this problem, do not continue working with this realtor.
Residential premises can be re-rented
It is worth remembering the following: tenants of residential premises do not have the right to move in or temporarily move in other citizens. You cannot collect money or fees from other individuals. The conclusion of the agreement should be carried out only with the owner of the apartment. First, it is worth checking all the documentation that serves as confirmation of his ownership.
Fraudsters may offer to purchase 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. To avoid getting into this situation, study 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, you should approach the choice of a realtor with all responsibility.
How to rent an apartment correctly
If you decide to look for housing on your own, you must select an advertisement from the owner of the apartment you like. In this case, you set the time and date yourself and go to the living quarters that suit 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 - there is no way to do without it. Let's say if a person long term goes on a business trip. You will need to pay a considerable amount of money for a hotel, buying an apartment is very expensive, and the goal will not justify the investment.
Advantages of renting an apartment
Rented housing has the following advantages:
- Tenant mobility. It is possible to move to another area or to another city if a more attractive position is offered. Or a noisy junction or an industrial complex was built near an apartment building; a change of place of residence is quite possible.
- There is no need to do repair work and spend money on it. Only the owner of the living space will think about new furniture and plumbing. The decline in the consumer quality of the environment leads to a decrease in rents.
How to rent an apartment yourself
Checking the owner of the premises
To make sure that the living space is legally clean, it The owner must provide you with the following documentation:
- A document stating that he is the owner.
- An agreement that serves as confirmation of ownership of residential premises (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 manage.
It is necessary to ensure that there are no debts - that all utility bills are paid. All meters, receipts and payments must be verified before concluding a contract.
Consent of each owner of the premises
If the apartment has not one, but several owners(in other words, it is shared ownership), everyone's consent is required for renting (they must all be over 14 years old). This agreement must be signed by all apartment owners (or any other individual who has a notarized power of attorney from them).
If you need to rent a room in a communal living space, you will need the consent of each neighbor. The decision on this issue remains with the landlord. They must also be provided with a document stating the procedure for using this living space - in other words, in which room this or that owner is located. This will allow you to avoid unnecessary conflicts and unwanted clashes.
How to rent an apartment correctly
If the document is drawn up correctly and has legal force, it should include:
- Full name and personal data of the property owner and tenant;
- The amount that the tenant will pay each month;
- Situations under which the rent for residential premises may be changed;
- How many times can the owner visit the property to check it? All conditions for inspections are also stated here.
- Information about persons who may live with the tenant.
- Time period – when and for how long the property is rented.
- Conditions for termination of the contract.
- The contract must describe the housing in detail: it must reflect its address, area and number of rooms, floor, and so on.
Despite this, any agreement is individual - there is no standard form for completion in the legislation of the Russian Federation.
It is on the day when the contract is concluded that the tenant must ask the owner to provide an extract from his personal account. With the help of this document, the tenant will find out whether all utility bills have been paid (whether the apartment owner has any debts). He will also receive information about which people are registered at the housing address.
The apartment should not have debts and registered citizens - individuals.
Important point: pay attention to the rights and obligations - not only of the tenant, but also of the landlord. Let’s say it’s worth determining a schedule of inspection visits to a rented residential property by its owner.
Rent
The key issue is the amount of rent. The following information is required:
- Who is responsible for paying utility bills?
- Who is responsible for paying for the Internet, telephone communications and other services?
Any transfer Money must be completed using a receipt. There is an opinion that by demanding this document, a person expresses his distrust of the other side of the legal relationship. Although this is a completely normal situation - after all, you do not know what the other person is like.
The agreement comes into force only after both parties sign the acceptance certificate for the apartment. IN this document The following information must be reflected: the tenant was given the housing for use and he accepted it, without any complaints. After this, the tenant bears all responsibility for the premises. He must monitor the safety of the apartment and the property in it.
Important point: if housing is rented for a year or more, the signed agreement must necessarily go through the registration process with Rosreestr.
And although the owner of the apartment must take upon himself the decision of this issue, any responsible tenant is also obliged to ensure that this formality is fulfilled.
The apartment cannot be sold or mortgaged until 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. It is for this reason that any changed lease terms must be formalized using a special additional agreement. Very often, the owner of the residential premises and the tenant sign an agreement to extend the lease of the apartment, maintaining all the basic conditions.
It is worth saying that the deed of transfer must include an inventory of all property located in the residential premises (that which is transferred for use along with the apartment itself).
What is called an inventory of property
The inventory of property is called an appendix to the 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 the tenant loses or damages something (not reflected in the property inventory), it will not be possible to return the item to the owner of the property.
Rent contract
How is the document compiled?
As a rule, the 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 name. It can be anything.
- After this, it is worth registering where and when this document was drawn up.
- Information about the parties entering into the agreement must be reflected. The details of not only the landlord, but also the tenant are described.
- And lastly, they provide a link to the lease agreement.
- After reflecting and recording all the above information, the parties specify the following point: the lessor transfers for temporary use not only the residential premises, but also the property located in it - the tenant must accept all this property.
- Next, all property located in the housing is listed.
- At the end of the document, both parties put their signatures.
Nuances of preparing an inventory of property
It all depends on the apartment being transferred, 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 include 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 that is completely ready to move in (that is, with all the necessary equipment - even 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 such situations is not to ignore established rules, to register and reflect any item available in the home. In addition, there is an option to record the condition of the entire property in a photo or video. These images can later be attached to the rental agreement. A property inventory is a complex legal document that can protect the interests of the lessor in the event of disputes.
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 review all documentation provided to you.
What questions to ask when renting an apartment
It is necessary to clarify at what address the owner of the premises lives. Check his personal data (phone number, address provided to you).
Check under what conditions the Internet is connected to the residential premises (if it has already been installed, check who will pay for it and how).
When inspecting the rental 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, laptop, washing machine), the plugs should not be knocked out. It is also worth making sure that there are no ants, cockroaches, etc. in the rented apartment.
If the inspection process reveals any specific problems, 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 we are talking about paying for one sleeping place), no deposit is required.
Residential windows must be in good condition. Otherwise, in the winter it will be excessively cold in the apartment, and in hot weather it will be difficult for the air conditioner to perform its functions.
Be sure to note down the emergency numbers to call in case of any emergency. A copy of the lease agreement must contain a note indicating the monthly rental payment. The owner of the residential premises must put his personal signature.
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 for renting premises is always unstable, you should not sign a lease agreement for a long time for a certain price. Of course, this is just advice, the decision is still yours in any case, but if prices suddenly fall, you can always find more cheap option rent (or ask the apartment owner to give you a discount).
When executing a lease agreement, the owner of the premises 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 obligated to comply with.
As a rule, a 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 allow other tenants to live with him without notifying the owner. If you want to extend the contract, simply sign the necessary agreement. This must be done 30 days before the temporary period of the residential lease agreement expires.
Establish contact with the owner of the rental property and neighbors, this will help you avoid many problems.
Rental period
This is a common misconception among tenants - the landlord has the right to kick them out of the apartment at any time. In reality, everything is not so simple; the landlord cannot kick out the tenant before the time period of the contract expires.
Another important point: If you 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 concluded agreement. And if the landlord simply begins to refer to the fact that he did not like the person and wants to move other tenants in, 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 only possible through legal proceedings. The court will consider whether there are violations of the legislative norms of the Russian Federation, or violations of the lease agreement. That is:
- If a person does not pay rent for a residential premises.
- If you allowed strangers (not included in the contract) to live in the apartment.
- If the tenant has damaged the living space (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 property using an inventory. The tenant is obliged to return all items in proper condition. In case of damage to any item, the issue is resolved different 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, the matter has reached court proceedings, the evidence will be the concluded lease agreement for the apartment. It must be signed by both parties to the legal relationship.
And the last thing: Always read what you sign when renting an apartment! Even if you have followed every step of the landlord, be sure to read everything written at the end! Only after this 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 all the nuances to you and help you avoid mistakes when concluding an apartment lease agreement!
The rental of apartments and other premises is regulated by the Civil Code of the Russian Federation.
What you need to know to avoid unpleasant situations, quickly find affordable and decent housing, and rent it correctly for a long time?
What is more important, analyzing information and asking the right questions? Or the ability to avoid pitfalls? This will be discussed in detail below.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the numbers below. It's fast and free!
Search through real estate agencies
People who are faced with the need to rent an apartment for the first time usually turn to an agency. It is advisable to find a trusted organization, ideally on the recommendation of friends. The tasks of a real estate specialist are as follows:
- Find an apartment according to the client’s requirements;
- Set a viewing period with the landlord;
- Accompany you to viewings of selected apartments;
- When drawing up a rental agreement, conduct all negotiations;
- Advise the client on contract issues;
- Check the owner's documents regarding the ownership of the property;
- Directly, as well as draw up a transfer and acceptance certificate, which will contain an inventory of the property of the apartment.
The cost of specialist services is 50-100% of the monthly rental price.
Demand creates supply, and these offers are not always fair. We invite you to watch a video about new methods of fraud when renting an apartment.
How to rent an apartment on your own?
At independent search you will need to find an advertisement from the owner, not a real estate company, set a time yourself and tour the apartments you like. Of course, in such a situation there are pitfalls, but many people prefer.
What should you consider when searching on your own?
Checking the owner of the apartment
In order to ensure the legal purity of the property, ask its owner to provide you with the following documents:
- Evidence of ownership;
- An agreement confirming ownership of an apartment (for example, a purchase and sale agreement);
- Passport.
- In the case where the lessor is a representative of the owner, he must provide a notarized power of attorney confirming the right to manage.
Make sure there are no utility debts. It is necessary to check payment receipts and meters for electricity and water before you enter into an agreement.
Consent of all owners
If the apartment has several owners, that is, it belongs to them in shares, then consent is required from all of them (upon reaching the age of 14). The rental agreement must contain the signatures of all owners or the signature of an authorized person who has a power of attorney from them.
If you want to rent a room in a communal apartment, you will need the consent of your neighbors. The landlord must take care of this. He is also obliged to provide a document that states the procedure for using this apartment - that is, which room is assigned to which owner, which will save you from possible conflicts.
Correct lease agreement
A competently and legally correctly drawn up contract contains:
- Full name and passport details of the owner and tenant;
- Monthly rent amount;
- Conditions for reviewing housing fees;
- The largest number of visits by the owner of the apartment to inspect it, as well as the conditions of inspections;
- Persons who have the right to live together with the tenant;
- Apartment rental period;
- Conditions under which the contract will be terminated.
- The contract must contain detailed description housing: address of the apartment, area and number of rooms, number of floors of the house.
Moreover, each contract is individual - there is no standard form.
We invite you to download the apartment rental agreement form: Download.
Inventory of property
The property inventory is an annex to the main lease agreement. The inventory indicates the property that is transferred to the tenant for temporary use.
The owner of the property can include in the inventory: furniture, household appliances, linen, kitchen utensils and dishes, carpets, etc. If the tenant loses or damages items not included in the inventory, the owner will not be able to return them.
Rules for renting an apartment
Check with the owner of the apartment about his right to rent out residential premises, study the documents for the apartment.
Find out where you can find it, and check your contact details (telephone, address).
Check the conditions for connecting to the Internet or, if it has already been established, find out the payment procedure.
When inspecting the apartment check the condition of plumbing and electrical wiring. It is important that the plugs are not knocked out when connecting a minimum number of devices (electric kettle, computer, washing machine). Also make sure there are no ants, cockroaches, bedbugs or other insects.
If any problems were found during the inspection, check with the owner of the property at whose expense the repairs and elimination will be carried out.
If you rent a room that is not locked with a key, or a bed, then you do not need to pay a deposit.
The windows of the apartment must be in good condition, otherwise in the cold months you will be blown out, and in the warm months the air conditioning will be difficult to operate.
Write down emergency numbers for emergency services.
In a copy of the agreement, note the monthly rent payment and require the signature of the property owner.
Decide on the furniture issue: will you use the owner’s furniture or bring your own.
Since prices in the rental market are unstable, It is not recommended to sign a long-term rental agreement for a fixed price. If prices drop, you can find a cheaper rental option or ask the owner for a discount.
When signing the contract, the apartment owner must give you a set of keys. Check them out. Remember that it is illegal to demand payment for keys.
Typically, the duration of the contract is one year minus one day. This is in the interests of the apartment owner, since such agreements are called short-term and reduce the tenant’s ability to illegally move in co-tenants. If you wish to extend the contract, sign the appropriate agreement one month before the expiration date.
Try to find a common language with the apartment owner and neighbors, maintain good relations with them.
If you own an unused apartment or room, then you can use it to provide yourself with passive income. Many tenants rent out their properties informally to evade taxes. However, this method has many disadvantages. It is much better and safer to rent out real estate in accordance with the current legislation of our country.
The main advantages of legal rental housing are as follows.
- Concluded agreement. Its presence allows you to protect yourself from many problems and unexpected cash expenses. Everyone understands that there are different tenants. Of course, most of them are honest and accurate, but there are also irresponsible and even scammers. It is the last category that can bring many problems. The existing agreement will allow us to avoid this.
- Absence additional expenses. The contract specifies a clause on the procedure for paying payments for housing and communal services, the Internet, etc. In this case, you guarantee yourself the absence of accumulated debts.
- The impossibility of a scam. When officially renting out an apartment, the number of residents is specified in the agreement. This ensures that no other persons will live in your apartment.
- Compliance with laws. According to the legislation of our state, the landlord is obliged to pay tax on the profit received for renting out the apartment. Official rental of living space will allow you to avoid liability for violating these laws.
Classification of lease agreements
Real estate rental agreements are divided into two main types: rental agreement or rental agreement. The first type is used exclusively for renting an apartment by individuals for living. The second is when real estate is provided for temporary use to legal entities.
In the Civil Code Russian Federation All conditions and requirements for concluding the agreements described above are clearly stated. detailed information The lease agreement is described in Chapter 35, and the lease agreement is described in Chapter 34.
To conclude an apartment rental agreement, you need the consent of all owners (if there are several of them). The agreement can be signed by everyone at once, or by one of the owners with a power of attorney from the others. Be sure to check the landlord
Unique features of each type
As already mentioned, a lease agreement can only be concluded with individuals. Its main features are as follows:
- can be concluded exclusively when renting out residential premises for temporary use;
- there is no limit on the maximum and minimum validity period;
- the lessor has the right to terminate it without going to court.
A rental agreement can be concluded with legal entities and individual entrepreneurs. Its unique features look like this:
- the process of its conclusion does not have to be registered at the state level;
- the maximum duration of the rental agreement cannot exceed five years;
- premature termination by the lessor is possible only through going to court.
What clauses must be present in the contract?
Both types of agreements described above have full legal force. Therefore, like any other document, they must necessarily contain certain provisions.
- The monthly cost of renting the premises.
- Deadlines for making payments, down to the day.
- Permissions for the use of property located in the apartment.
- Information on the procedure for paying expenses for housing and communal services, etc. Information about who will pay the mentioned expenses must be provided.
- The exact time and day of each month on which the general condition of the apartment will be checked.
- Basic information about the owner of the living space and the fact of its privatization.
- Number of future residents.
- Algorithm for returning funds in case of non-payment of the monthly payment, early termination, etc.
- Additional parameters that do not contradict the legislation of our state (deposit, repairs at the expense of rent, etc.).
In addition to concluding an agreement for the rental of real estate for temporary use, the lessor is also required to draw up an act of acceptance and transfer of personal property. It must include an inventory of furniture, equipment, etc. in the apartment.
If a tenant rents housing through a private realtor or agency, he must be prepared to pay a commission of 100% of the rental price, less often - 50%. When renting an apartment, registration is required.
Documents required for concluding a lease agreement
Representatives of both parties must provide documents to rent out the apartment. The first (lessor) must have with him:
- a document confirming ownership of the property;
- an extract from the personal account received from the housing office, which must contain information about all registered persons in the apartment;
- if the living space is in common ownership, it is necessary to provide notarized consent of other owners to rent out the property;
- in situations where the contract is concluded not with the owner, but with his representative, an additional document will be required confirming these powers.
In turn, the apartment tenant is obliged to provide:
- passport;
- a document informing about the place of registration;
- originals and copies of identification documents of all persons who will live in the apartment.
Thus, you already know what documents to check when renting an apartment (renting out an apartment). This will allow you to protect yourself from many force majeure circumstances, criminal liability for tax evasion, fraud, etc. Concluding a rental or lease agreement is the key to a successful transaction between the owner and the tenant.
If you have questions about preparing documents for renting housing, ask our specialists
If you choose an apartment yourself
When searching for an apartment through a specialized ad site or group in in social networks you risk encountering scammers. To avoid falling for their tricks, you need to pay attention to several important points.
1. Average cost of renting an apartment according to your criteria
Ads that are too “sweet” are often fake. Spacious with modern renovation in the very center of the city, a minute’s walk from the metro and for pennies? A very dubious proposal.
2. Please transfer the prepayment to the card
This point often follows from the previous one. You call an ad you like, they tell you that there are so many people interested, and then they ask you to transfer at least a few thousand so that the apartment remains yours. Don't be fooled by this: you just talked to a scammer.
Never transfer money to strangers as a deposit without a personal meeting.
3. Authenticity of photographs of the apartment
To ensure the accuracy of the information from the ad, check the photographs of the apartment for authenticity. This can be done, for example, through Google image search.
If the same apartment is posted on several housing rental sites, it’s not a big deal. It’s another matter when photographs circulate on the Internet, and the description, address of the apartment and contact person change radically from time to time.
4. Lack of photographs of the apartment
Ads without photos look at least strange. In most cases, this means that there is something wrong with the apartment or that such living space does not exist at all.
5. Ad frequency
It happens that the same advertisement for renting an apartment appears and disappears with enviable frequency. Two weeks ago the apartment was rented out, then it was rented, and a month later it is still up and running again. And so on in a circle.
Of course, the problem may not be with the owner, but with the tenants. Well, a person is unlucky when it comes to tenants, and that’s all. However, the frequently flashing advertisements are alarming.
6. Contact person
Who deals with the issue of apartments for rent? The owner himself or the realtor? If you don't want to pay a commission equal to half or even the entire monthly payment, then realtor ads are not for you.
If you contact a realtor
Realtors can make your life easier and help you find your dream apartment. Or they can fray your nerves, empty your wallet, or waste your time. This is when you should be wary.
1. The realtor cannot name the company where he is currently an employee or where he worked before
If a realtor claims to be on staff of an agency, you can contact the company directly and clarify this.
If the realtor is a private entrepreneur, in any case he should tell you at least a few companies in which he worked before. If you have difficulty with this, you may have a scammer in front of you.
2. The realtor is not interested in who will live in the apartment and in what composition
Almost every owner has at least an approximate idea of who he sees as a tenant, and notifies the realtor about this. If during a conversation you are not asked about the number of residents, the presence of animals and permanent work, this is a warning sign.
3. The realtor is not an expert in his field.
It’s hard to imagine that a realtor doesn’t know how to write a receipt for money or fill out a rental agreement. And if he still doesn’t know, then this is not a realtor.
4. You are asked to pay a commission before concluding a contract
The realtor receives a commission only after the transaction is concluded. If you are required to pay in advance, do not give in and do not transfer funds.
5. The realtor deals with only one apartment
Typically, a realtor has several properties in the works. It is suspicious when a specialist devotes all his time to only one apartment. Try typing the phone number into the search bar of your browser and see how many ads you get.
6. The realtor introduces himself as an employee of a news agency
You are offered to come to the office, sign an agreement and gain access to the database of owners after paying a commission.
The realtor will not go with you to inspect the apartment and meet with the owner, and even if you can get through to anyone from the received database, after a preliminary agreement on the meeting, the landlord will cancel everything at the last moment.
In this case, it will not be possible to return the money, because you signed an agreement on the provision of information services. To achieve justice, you can contact lawyers and try to file an application in court. However, no one guarantees you a successful outcome. Therefore, carefully study all the documents on which you sign.
Stage 2. First contact with the owner
You have chosen the ideal option, in your opinion, and to celebrate, call to arrange a meeting. First, make sure you are actually talking to the owner and not a realtor or anyone else. Even if the ad indicated that the apartment was for direct rent.
Ask your landlord a few questions. For example, where the windows of the apartment face or what floor it is on.
If a person hesitates, perhaps he is trying to deceive you. The owner will answer such questions without delay.
If you feel that everything is in order, go through the information provided in the ad: check the cost, the need for a deposit and the last month's payment. Find out for how long the apartment is being rented, and whether the walk to the metro is really 10 minutes and not 30. In general, talk through all the nuances that are important to you.
Stage 3. Inspection of housing
- Evaluate the entrance. Its condition can say a lot about the residents of the house - your potential neighbors.
- Try visiting your neighbors and asking who lived in the apartment before you. It is advisable to do this together with the owner: if the residents of neighboring apartments are not new residents, then they will recognize your landlord, and you will once again be convinced that he is the owner.
- Carefully inspect the bathroom, especially the plumbing. If a faucet is leaking, it is worth pointing this out to the owner immediately.
- Check the condition of the furniture and assess its wear.
- Pay attention to the location of the outlets. You may need to rearrange your furniture.
- If you have animals, check to see if the previous tenants had a cat or dog.
- Take the time to turn on all the appliances and appliances you plan to use.
- Check all switches in the apartment.
- Ask about internet availability.
- Check the locks so you don't have to wait outside the door until they let you in. If there are several locks, but you are given the key to only one, find out the reason. The owner may say that the lock has been broken for a long time and has not been used. You should insist on replacement or repair and ask for a complete set of keys.
- Make sure the seals on the meters are intact.
- Check the condition of your balcony doors and windows if you don’t want to freeze in winter.
- Evaluate throughout the apartment.
If none of the above in the apartment bothers you, you can proceed to drawing up an agreement.
Stage 4. Conclusion of an agreement
What owner documents need to be checked?
If the apartment has one owner
When concluding a rental agreement, ask the owner to show you:
- passport;
- certificate of ownership or extract from the Unified State Register of Real Estate.
You need to make sure that the apartment belongs to the person who introduced himself as the owner of the apartment.
One of the most common types of fraud on the market is renting out someone else's apartment. Housing can be rented out by a certain “friend” of the owner of the apartment, who settled in it for just a couple of days.
Arthur Ustimov, founder and general director of the housing rental management service “Arendatika”
If you haven’t checked your property documents, you risk not only losing money, but also being left on the street.
If there are several owners
In addition to your passport and certificate of ownership, you need to obtain written consent to rent out the apartment from all owners, as well as from those registered in the apartment.
If a distant relative is registered in the apartment, he can come to your rented home and stay there. In this case, the lease agreement will be valid, but no one can prohibit the person registered in the apartment from living there.
If the apartment is owned by spouses
First you need to figure out whether the apartment is in joint or shared ownership.
Ivashchenko Srbui Sargisovna, leading lawyer of the European Legal Service
To be on the safe side, you can find out about the existence of a marriage contract and read its terms. If the apartment belongs to one of the spouses, then the consent of the second is not required. If it is jointly owned, it will be necessary to obtain the consent of each owner.
What to pay attention to when drawing up a contract
A rental agreement is a document that will help you avoid unnecessary conflicts, so it is very important to draw it up responsibly. Lifehacker has already told how, so we will focus only on the most important points.
Mandatory data
- The subject of the agreement is an apartment. You must provide the full address, area and number of rooms.
- The parties to the agreement are the owner of the property (or his representative with a notarized power of attorney) and the tenant.
- Passport details and information about the place of registration - both the owner of the apartment and the tenant.
Duration of the contract and payment procedure
Indicate the duration of the contract and the period during which you are obliged to carry out rent. Please note the sanctions for violating the payment procedure. For example, you may have a week's period to pay off the debt, after which the owner has full rights to take you out of the apartment.
The fact of payment must be recorded: when paying in cash, ask for a receipt from the owner, and when transferring to a card, ask for a bank statement.
The purpose of payment must contain a link to your agreement. For example: payment under rental agreement No. 1 dated January 1, 2018 for June 2018.
In addition, the contract must indicate the amount that you transferred to the owner upon check-in. This may include payment for the first and last month of residence, as well as a security deposit - a guarantee that if the tenant causes damage to the property, the owner of the apartment will receive financial compensation.
The owner may retain the entire amount of the security deposit or part of it, depending on the extent of the damage caused. If, upon inspection of the apartment, everything is in order, the security deposit will be returned in full to the tenant. A deposit amount that is comfortable for each party is agreed upon at the conclusion of the contract.
Eviction procedure
Particular attention should be paid to the rules for eviction from an apartment. They should be comfortable for each side.
Sometimes contracts indicate that the tenant is given only a couple of days to move out and find a new apartment. And some leases even provide for penalties if the tenant stays for less than a certain period of time.
Arthur Ustimov, founder and general director of the housing rental management service “Arendatika”
Frequency of owner visits
Frequent unexpected visits from the owner bring little joy. However, you cannot prohibit him from visiting your own apartment. Discuss the frequency of visits that is comfortable for both of you, specify how much time the owner should notify you, and record the agreements in a document.
Communication channels
The contract must indicate the email addresses or telephone numbers of both parties, depending on the chosen communication channel. It’s better to do both, just to be sure.
Do not delete correspondence with the landlord so that you can refer to her in case of disagreement.
Inventory of valuables and meter readings
The act of acceptance and transfer of the apartment, which is attached to the contract, must include an inventory of valuables. If you paid a security deposit upon check-in, there is a risk of not getting it back. You must check the entire apartment. And the more carefully, the better. You already know what points to focus on when inspecting an apartment.
The safest thing to do would be to take photographs of all detected defects so that they are not attributed to you when you leave. And photographs can be printed and attached to the act.
It is mandatory that the act must record the readings of individual water and electricity meters at the time of check-in.
Repairs and planned changes in the apartment
Make a list of the changes you plan to make to the property, as well as the equipment or furniture you plan to purchase. Agree on the maximum amount and decide how payment will be made: only by the owner, by you, or 50/50.
It is recommended to stipulate conditions for inseparable and separable improvements in the contract in advance or draw up an additional agreement later. In this case, it is advisable to make a clause in the contract that things are returned to the owner, taking into account natural wear and tear.
Arthur Ustimov, founder and general director of the housing rental management service “Arendatika”
Indicate in the contract who pays for breakdowns household appliances. Unfortunately, during the initial inspection you will not be able to be 100% sure of the absolute serviceability of the devices, and it can be difficult to prove that the breakdown occurred due to natural wear and tear and not due to improper operation.
If you notice that the device is on its last legs, point this out to the owner and inspect it together, and then record the agreements in a document. Otherwise, if a breakdown does occur, you may need the expertise of a professional to prove that you were not responsible for the malfunction.
Living in the apartment
Don’t forget to indicate in the contract those who will live in the apartment with you. And also let me know if you have . You should not lie about such things: with a high probability you will be caught in a lie, and the consequences will be very sad.
In what cases should you refuse to rent?
The most alarming signal is the refusal to provide ownership documents. There is a high probability that not everything is in order with the apartment.
An apartment whose owner is too worried about his property can also become problematic. Such owners may come to you too often to check the safety of their property, which, naturally, will cause you discomfort.
Arthur Ustimov, founder and general director of the housing rental management service “Arendatika”
It is worth paying attention to the behavior of the owner. Excessive nervousness is alarming, as is unreasonable haste when concluding a contract. If you are asked to sign documents as quickly as possible, and are not allowed to check the serviceability of household appliances and record defects, then this is another bell.
Take your time, carefully study the contract, ask questions and discuss problematic issues. Check everything that is necessary. It is important for you that it is comfortable to live in the apartment, and that all difficulties are kept to a minimum. The owner wants his living space to remain in proper condition, and also does not want to be a participant in regular construction. You evaluate each other - that's normal. And in this case, it is correct to allow enough time for the process of paperwork and inspection of the apartment.