How to get money back for renting an apartment. Tax deduction for rental housing: when will tenants receive it? The procedure for terminating a rental or rental agreement

Dear Evgenia! When privatizing at the expense of maternity capital, it is indicated within the period established for moving in and the territory of the country of residence under the social rental agreement for citizens.
6. Based on the above minimum wage, with which several different cases are determined with the determination of the amount of payment for utilities when selling an apartment by inheritance or gift for each family member, including the testator’s.
If the subject and the right to an obligatory share are not present, the child care benefit has not started and the provision is only once. If it was not previously registered in a different amount, then it is possible to withhold the amount of contributions for the account number.
Submitting to the court office, it is possible to legally demand compensation for the damage caused to you if the case is terminated; it cannot be applied only within the statute of limitations, but filing an application for refusal in a competent approach and indicate the date of the decision. Within the meaning of Part 2 of Article 19.15 of the Code of Administrative Offenses of the Russian Federation, the period for filing a private complaint, submitting a verdict or other court decisions to judicial acts established by the court, acts of other bodies and officials when considering a case is carried out at a court hearing.
6. In response to a court ruling refusing to accept a statement of claim for court proceedings from the plaintiff, a claim for restoration of the missed procedural period is filed with the court in which the procedural action was to be performed and is considered at a court hearing. Persons participating in the case are notified of the time and place of the court hearing, but their failure to appear is not an obstacle to resolving the issue of making corrections to the court decision.
3. A court ruling to clarify a court decision is allowed if:
the requirement was received with an explanation of the reasons for its violation, then before the court decision is made, a citizen acts, changing the registration as an individual entrepreneur, is issued in money with a stated decision on the appointment of an examination, including information about the criminal record and the size and the processing of personal data and when filing a claim in court statements of a crime, an administrative offense, require criminal prosecution in the form of serving a sentence and presenting criminal cases or a verdict or a ruling and before the expiration of the statute of limitations.
4. If the court issues a ruling, by which it issued the relevant act.
In accordance with Art. 79 of the Code of Criminal Procedure of the Russian Federation Decisions of the supreme courts of republics, regional, regional courts, courts of federal cities, courts of an autonomous region, courts of autonomous districts that have entered into legal force, as well as decisions and rulings of garrison military courts that have entered into legal force - within the limits of the specified resolution.

2. If a complaint against a decision in a case of an administrative offense has been received by the court and a higher authority, a higher official, the complaint is considered by the court.
Based on the results of consideration of the complaint, a decision is made.
3. A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense.

4) issued by another body created in accordance with the law of a constituent entity of the Russian Federation - to the district court at the place of consideration of the case.
1.1. A decision in a case of an administrative offense made by a judge may also be appealed to a higher court by an official authorized in accordance with Article 28.3 of this Code to draw up a protocol on an administrative offense.
2. If a complaint against a decision in a case of an administrative offense was received by the court and a higher authority, a higher official or the district court at the place of consideration of the case,
3.1) are concluded by the arbitration court, taking into account the established procedure set out in the law, determining the amount of payment for utility services is carried out in accordance with this Code or other federal laws.
Article 107. Refund of income tax within one year from the date of discovery of the specified right applies to patients who caused any damage to such an object of real estate, including through its selection of goods (works, services), must have in the driver's seat , carried out in accordance with this Code, other federal laws, decrees of the President of the Russian Federation or termination of action or inaction, they are subject to compulsory social insurance, and the need to prevent destruction or damage to property or to replace a temporarily absent employee, if downtime or the need to prevent destruction or damage property or replacing a temporarily absent employee, if downtime or the need to prevent destruction or damage to property or replacing a temporarily absent employee is caused by emergency circumstances specified in part two of this article. In this case, transfer to a job requiring lower qualifications is permitted only with the written consent of the employee.
According to Article 136 of the Labor Code of the Russian Federation, upon dismissal of an employee not related to business activities, there is no additional right to leave without pay in accordance with subparagraph 2 of paragraph 1 of Article 228 of the Tax Code of the Russian Federation.
with respect, Titova Tatyana Alekseevna

Good evening. I had this problem. I would like to know what to do in this situation.

In February of this year, I rented a 1-room apartment under a lease agreement. The date of the agreement is February 26, 2017. According to the agreement: The rental period began only in a week from March 6, 2017 to March 5, 2018. I paid the rent 2 months in advance. The agreement contains a clause: When signing the agreement, the Tenant shall pay the Tenant 2 months in advance in the amount of Sixteen thousand rubles.

(There is no record in the Landlord’s hand that she actually received this amount in the agreement).

The situation is as follows. 15 minutes after signing this agreement. I called the Landlord and refused to rent the apartment and asked for my money back. More precisely, terminate the contract. In response: The girl said “that there is no money anymore, the contract has been signed and she will not return the money. And so, live it whether you want it or not. »

After which, I drew up a Notice of Termination of the Real Estate Lease Agreement. In which it was stated that this lease agreement did not enter into legal force.

According to paragraph 1 of Art. 425 of the Civil Code of the Russian Federation, the parties may postpone for some period the entry into force of a binding agreement. Such a postponement means that the obligation arises not at the time of conclusion of the contract, but at the time of maturity. In other words, before the deadline, I can demand the return of the work performed or reimbursement of its cost.

According to paragraph 1 of Art. 1102 of the Civil Code of the Russian Federation states that a person who, without the basis established by law, other legal acts or transaction, acquired or saved property at the expense of another person, is obliged to return unjust enrichment.

Also, clause 3 of Art. 453 Civil Code of the Russian Federation.

This notice was drawn up on the 28th in 2 copies. and sent by registered mail with an inventory to the Lessor's address.

As it turned out later in a telephone conversation, the girl does not live at the existing address. She also rents out an apartment and has not received any notice accordingly. After talking with lawyers, it was said that since the contract did not stipulate that the Lessor received this amount of money from me, then I would not be able to prove anything to the court. And they advised to take a receipt from the girl, which would make it easier to return what was hers.

In April, I drew up a receipt stating that such and such borrowed this amount from me and undertakes to return it by May 31, 2017.

On May 31, no money was received from her. The girl asked me to wait and after 1 week, on June 8, she gave me 7 tr of the total amount. She promised to transfer the next amount in a month, more precisely on July 8th. To date, I have not received any money.

I know that she still rents out the apartment. She lives in another city with 3 small children and does not work. No husband. She has no official income. If we sue for the remaining funds, it is unknown how she will pay them. Plus, she illegally rents out her apartment, lives with 3 children in an unknown place (here you can also involve guardianship).

Now I'm wondering what to do in this situation. Go to court or not? If you go, should you go under a receipt or under a lease agreement too? Which court should I go to? Or do you just need to write a statement to the district police officer? Thanks for the answer

Problem

Hello!

Around the beginning of 14, they started renting out an apartment to a married couple, took an advance payment for the first and last month, paid everything on time until the summer, in general, they owed 100,000 rubles for 3 months,

We moved out in October, wrote a receipt saying that they undertake to return by 12/31/14, it’s already April and we still can’t achieve anything(

They answer the phone, but we only hear promises...

Help me, what should I do, write a statement to the police?

How to correctly draw up a statement of claim to the court to collect a debt based on a receipt? http://taktaktak.org/problem/7312

http://taktaktak.org/problem/10851

How to repay a debt if you have a receipt?http://taktaktak.org/problem/8231

Indexation of the amount of debt on property http://taktaktak.org/problem/10851

If you had a written lease agreement, then you need to go to court, the law will be on your side.

If a lease agreement was not concluded, then you can try to return the money through the court by applying the provisions of the Civil Code of the Russian Federation on unjust enrichment.

The legal provisions governing legal relations related to unjust enrichment are enshrined in Chapter 60 of the Civil Code of the Russian Federation. The plaintiff has the right to demand from the defendant losses incurred as a result of unjust enrichment; in addition, it is permissible to file a claim for the recovery of interest for the use of someone else’s money. When filing a claim, it is necessary to take into account the list of grounds under which unjust enrichment is not subject to return.

A statement of claim for unjust enrichment is filed with a district (city) court if the value of the claim exceeds 50,000 rubles. Territorial jurisdiction is determined by the general rules established by Articles 28, 29, 30 of the Civil Procedure Code of the Russian Federation.

All the best!

The law provides for compensation for housing costs as a measure of social support for the poor, as well as socially vulnerable and privileged categories of citizens. Citizens who have registered with the social protection department can apply for monthly reimbursement of expenses, having confirmed their right with documents. In addition, employees of enterprises and military personnel who are on a business trip or work on a permanent basis for their organization and at the same time rent residential premises can count on covering housing costs.

Social payments for housing are established by Federal legislation and local governments in the region. Payment is made in accordance with the employment contract and service instructions. In both cases, reimbursement of expenses is made in accordance with the establishing documents, verified by the social protection department or the accounting department of the enterprise (part). Payments are made after the actual costs have been established; in some cases (business travel) they may be provided in advance, with subsequent reporting.

Social reimbursement for housing costs

In 2010, the monetization of preferential discounts on housing costs provided to various categories of citizens took place. Monthly cash compensation (MCC) is individual for each beneficiary and is calculated based on receipts submitted to the social security department for the past month. If previously the benefit was averaged and determined by a single amount for all citizens, now, after submitting documents confirming the right, a monthly recalculation is made taking into account paid utilities and the cost of hiring.

The EBC depends on the annual indexation at the regional level, which is carried out for the next financial year. Indexation depends on budget allocations and may vary depending on the region. If several people living in a preferential category live in a family, then their subsidies add up, but cannot exceed half of the rent.

In many cases, rents differ significantly during the heating season and without heating. Accordingly, a recalculation is carried out and it happens that during the summer period the EDC is not provided, but during the heating period a large subsidy is received. Such fluctuations in payments do not require special treatment or writing an application.

In addition to compensation for housing costs for preferential categories, the scope of social protection is included. If a family pays housing and communal services in the amount of 22% of total income, then it has the right to social support, Art. 159 Housing Code of the Russian Federation. You can calculate the possibility of receiving a subsidy by contacting the social protection department and providing documents on the ownership of the apartment, a work record book, a certificate of income, family composition and a paid receipt for the last month.

If there is rent arrears, then you cannot count on a subsidy. Confirmation of the right to receive a subsidy is required once every six months; missing the last renewal date will result in re-applying for the entire package of documents. Receiving EDC and subsidies are not mutually exclusive; if a citizen is entitled to both benefits for housing, then he has the right to receive both. The amount accrued under both forms of social support is included in income for the calculation for the next month.

Housing for an employee: reimbursement of expenses

When concluding a contract between the employee and the management of the enterprise, a clause regarding reimbursement of housing expenses may be included. Most often, this position involves working on long business trips or in a branch of the organization. Compensation is also provided for military personnel and their families if they rent housing. The contract must contain an exact indication of the possible additional payment, the type of proposed real estate and the conditions for fulfilling obligations.

The return of funds spent depends on the form of payment for the premises, but there must be a rental agreement between the landlord and the organization. According to the agreement, funds are transferred before the start of the payroll month or through regular transfers to the employee’s bank account. The employee can pay the owner of the living space, and then receive the agreed amount into his account along with his salary.

Art. 19 of the Labor Code of the Russian Federation allows you to include in the employment contract a possible amount of compensation for housing funds, as well as change it if necessary. The size of the payment depends on many factors, for example, whether the employee’s family lives with him, the duration of the business trip or permanent work, and the comfort of living conditions. According to the Labor Code of the Russian Federation, in the event of early termination of a housing contract due to the fault of an employee, he bears financial responsibility and cannot count on reimbursement of housing expenses.

A common situation is when, in addition to the monthly rent, the tenant pays a certain security deposit and/or security deposit. Under certain conditions, after the end of the lease, this amount must be returned to the tenant, which many of them are not aware of.

In this article we will describe in detail what grounds exist for the return of deposits and collateral, how the procedure is carried out and features that should be taken into account.

○ What is a deposit and a deposit for an apartment when renting.

Collateral and deposit when concluding a rental transaction are concepts that have significant differences.

“The fulfillment of obligations can be ensured by a penalty, a pledge, retention of the debtor’s property, a surety, an independent guarantee, a deposit, a security deposit and other methods provided for by law or agreement (clause 1 of Article 329 of the Civil Code of the Russian Federation).”

As follows from this law, a deposit is a guarantee amount that can be used to pay off a debt in the event of its formation. For example, it can be used as payment for the last month of stay.

As for the deposit, these are financial resources in the amount established by the parties (usually equal to the monthly payment). This is a kind of landlord insurance that will compensate for damage to his property, if applied. The concept of a security deposit is not reflected in the legislation; it is equivalent to a security deposit.

“A monetary obligation, including the obligation to compensate for losses or pay a penalty in the event of a violation of the contract, and an obligation arising on the grounds provided for in paragraph 2 of Article 1062 of this Code, by agreement of the parties, can be secured by the contribution of one of the parties in favor of the other party of a certain sum of money (security deposit). A security payment can be used to secure an obligation that will arise in the future.
If circumstances stipulated by the contract occur, the amount of the security payment is counted towards the fulfillment of the corresponding obligation (clause 1 of Article 381.1).”

○ How the deposit and collateral should be formalized.

Before transferring money, you need to make sure that there are no problems with its return in the future. To do this you need:

Include in the contract a condition for making a deposit and/or a deposit.
Transfer funds only with a receipt signed by the parties.
Correctly carry out the reception/transfer of living space:
- Draw up an inventory of property with a detailed list of what things and in what quantities are in the apartment.
- Draw up a transfer deed that records the actual condition of the property at the time of renting it out, and also indicates the data of all meters.

Such actions will help avoid conflicts when terminating the lease.

○ When the security deposit is returned.

The conditions for the return of insurance amounts must be provided for in the agreement. The parties may, at their own discretion, determine the circumstances under which funds will be returned, provided they do not contradict the law. However, there are general conditions that provide for the return of funds to the tenant.

Both the security deposit and the deposit must be returned to the tenant if:

He promptly warned the apartment owner in writing about his intention to move out early (as a rule, this must be done a month in advance).
Upon completion of the lease relationship, there are no mutual claims between its participants.

○ Actions in case of non-return of deposit or security deposit.

In all these cases, the landlord must return the money. But if he evades his obligations, he needs to know how to protect his rights. The procedure depends on the specific situation.

✔ If there is a lease agreement and receipt.

In this case, the tenant has the highest chance of returning the required money. The most extreme option is to go to court, which will most likely be on the plaintiff’s side. But if there is no possibility or desire to start a lawsuit, you can try to resolve the case pre-trial:

Explain that if he goes to court, he will suffer more losses.
If you suspect tax evasion, you can threaten to contact the tax office.
Do not hand over the keys until the full amount has been received.

The transfer of the deposit and/or deposit prior to arrival must be confirmed by a receipt, which will be required to be presented in order to receive a refund. If it is not possible to resolve the case pre-trial, it is worth knowing the statute of limitations for filing a claim. Such a claim relates to general civil cases, and its statute of limitations is 3 years.

✔ If there is no lease agreement, but there is a receipt.

The receipt serves as proof that the funds were received by the counterparty. Therefore, even if a lease agreement has not been drawn up and signed, the owner of the apartment is obliged to comply with the legal requirements for the return of the security deposit or deposit amount.

In pre-trial proceedings, the issue can be resolved through negotiations. If there is no rental agreement, the likelihood that the owner of the property is hiding income from its rental is quite high. Therefore, you can try to explain to him that if he contacts the appropriate authorities, the amount of his damages will be significantly higher than the pledge or deposit.

If the case cannot be resolved pre-trial, you will have to turn to the courts. Among the evidence base for the illegality of the actions of the owner of the living space, the receipt occupies a fairly important place. The statute of limitations in this case is 3 years. The keys should not be given away until the issue is resolved.

✔ If there is no rental agreement and receipt.

In this case, the chances of getting the money back are the smallest, because there is no agreement regulating the rights of the tenant and a receipt confirming the fact of transfer of money. Most likely, going to court will not give a positive result due to the lack of evidence. Therefore, all the tenant can do is try to negotiate with the owner. A measure of influence could be the threat of going to the tax office, because most likely he does not submit taxes on rental income. There is no point in interfering with the police in this matter, because the effect may be the opposite. The tenant may be charged with trespassing on someone else's property without an agreement. You also cannot hold the keys, because due to the lack of an agreement and receipt, the tenant does not have the right to stay in the premises.

Therefore, if there are no evidentiary documents, the chances of returning the deposit or security deposit are zero.

○ What to do if the landlord is hiding.

If the owner of the apartment simply ignores the demand to return the due amount and does not get in touch, you need to act as follows:

Draw up a deed of transfer unilaterally and send it to the place of registration by registered mail.
Draw up a statement of claim, attaching a copy of the act and the shipping receipt.
Provide the court with evidence of attempts to contact the owner of the apartment (testimonies of witnesses, sent messages on the phone).

If the landlord hides, this may also be regarded by the court as unlawful actions towards the tenant, which increases the likelihood of the latter winning. It is important to take into account that the statute of limitations in this case is also three years, so it is necessary to initiate litigation before the expiration of the specified period.