What documents to check when renting an apartment. What documents are needed to rent out an apartment? Distinctive features of an apartment lease agreement

Last update: 05/09/2019

Having multiple living spaces is not only a luxury, but often a headache. The owners are trying to rent out the “extra” living space. This is both additional profit and some kind of supervision of the apartment.

Let's try to figure out how to properly rent out an apartment, how to avoid problems with unscrupulous tenants and the tax inspectorate, and how to preserve your property.

Who can take it

The owner has the right to rent out his apartment. Who has a certificate of registration of ownership rights (extract from the state register) for it. No relatives or very close friends have the right to enter into a rental agreement with tenants at the request of the apartment owner. This option is possible only if you have a notarized power of attorney, which states the right of the authorized person to rent out the housing of his principal. Otherwise, the owner may object to such a transaction at any time.

If the owner of an apartment uses it under a social tenancy agreement, that is, it actually belongs to the state or municipality, then he has no right to rent it out. In exceptional cases this is possible, but for this it is necessary to obtain official written permission from the state/municipal body (who is the owner, in most cases this is the municipality).

If there are other residents registered in the rental housing, in addition to the owner (as members of the owner’s family), then obtain their written consent to conclude the transaction not required.

But there are subtleties. If a rental agreement has already been concluded and the owner or hires other persons to live in the dwelling, then consent to such moving in is required from all interested parties (both the tenant and all people registered with the tenant).

The same is required if part of the apartment is rented out (for example, a room in a communal apartment with a shared kitchen, toilet, and bathroom for several owners). Thus, an additional rental agreement for vacant space can be concluded with the permission of the first tenant and his family members.

If a minor child is also registered in such housing, then permission to rent out the apartment will also need to be obtained from the guardianship authorities.

If there are several private owners of the apartment, then each of the co-owners must participate in the transaction on the side of the landlord. Or express your written consent to conclude the transaction and entrust one of the owners to handle its execution. Such consent and power of attorney are drawn up by a notary.

If such procedures are neglected, then the apartment rental agreement (for a period of more than 1 year) will not be registered in the Russian Register.

In practice, apartments are often rented “in gray”, without state registration of the agreement in the Russian Register. Therefore, such formalities are not observed. But you need to keep in mind that in a legal dispute with a tenant (on any issues regarding the rental of an apartment), it will not be possible to refer to such an agreement as evidence, since it is void without registration (if it is not concluded for a period of less than a year, then registration is not necessary and the written form of the contract is sufficient for its full force).

When it comes to moving into a municipal apartment (including registration, concluding an additional social tenancy agreement), consent is required from all registered persons and, naturally, from the municipality.

Who to rent an apartment to

A person who is faced with renting out an apartment for the first time will be thrown into panic by even such a simple question of where to find tenants. We can recommend four options:

• Contact a real estate agency. They will offer you a lot of options and also provide some guarantees, but you will have to pay for such services.
• Submit an advertisement for renting an apartment in a newspaper, Internet sites, or in a “creeping line” on television. Or find an advertisement for a person who wants to rent a home in the same media. True, there is a risk of running into an unscrupulous tenant. He will either not pay for the apartment provided to him, or he will damage (steal) the property in it.
• Find a tenant through friends, acquaintances, relatives - the best the best option. It is unlikely that a tenant under the patronage will risk harming the owner of the apartment. And in case of controversial issues, it can always be found.
• Rent out housing to relatives or friends. Most likely, such rent will be free of charge. You will not receive any material benefit. But you can safely entrust them with paying utility bills for the apartment.

In general, you need to periodically check the apartment you are renting. Communicate with tenants and monitor utility bills to avoid problems in the future.

If an apartment is rented to a stranger, the rental agreement cannot guarantee complete property security for the owner. It is necessary to check the future tenant to ensure he is law-abiding. To do this, you can contact police officers you know or other representatives of law enforcement agencies to check the employer for a criminal record, bringing him to administrative responsibility, the presence of debt or credit arrears, etc. You can look up information about the person on the Internet and from other open sources.

Renting an apartment without intermediaries is, of course, cheaper. But then all worries about housing fall solely on your shoulders.

How to transfer an apartment

We'll talk about the legal aspects of the transaction later. Now let's touch on everyday issues.

The apartment must be transferred directly to the tenant, telling about all the features and important technical aspects of the housing. This way you can avoid accidental breakdowns and other damage.

When transferring an apartment, you should jointly record the readings of energy meters (water, electricity, gas, etc.) so that in the future you will not have to figure out who incurred the utility debt.

Before handing over the keys, the general and detailed conditions in the apartment should be photographed. This will discipline the employer, as he will see the owner’s reverent attitude towards his property. In addition, photographs can serve as evidence in court if a conflict arises about a significant deterioration in the condition of the apartment after its delivery.

If you have friendly neighbors on the landing, it would be good to introduce the new residents to them. And leave your phone number with your neighbor for emergencies. This also “educates” the employer.

How to register a lease legally

Even if you decide to rent out an apartment to your best friends or distant relatives, it is better to document this transaction. In this case a residential lease agreement is drawn up(it must be distinguished from a lease agreement, which is concluded mainly between legal entities). It’s easy to arrange. There are a lot of samples and options on the Internet for different occasions. You can draw it up yourself, seek help from a lawyer or from us.

The document is signed by both parties. Notarization is not required, but is not prohibited. As an option, entrust the drafting and certification of the transaction to a notary. But such a document will not have greater legal force than an ordinary written agreement concluded by the parties.

In addition to the rental agreement, it is necessary to draw up a transfer and acceptance certificate for the rented apartment.

The act describes in detail the technical condition of the entire residential premises: the presence of repairs, plumbing, as well as the furniture, household appliances, and other household items in the apartment. It is necessary not only to list them, but also to indicate in what condition they are, in what places they are located, name (model, brand, etc.), determine the approximate cost (at least of the most expensive items). This will help the homeowner in the future to assess the condition of his property and recover damages for damage to it from unscrupulous tenants. The act is also signed by both parties after inspecting the apartment. After which the tenant is given the keys.

How to draw up a rental agreement correctly

If you decide to rent out an apartment and draw up a contract yourself, you should follow the basic rules for drawing it up. Main, clearly state the basic conditions - apartment address, term and amount of rent, the rest is at the request of the parties. You can draw up a very detailed document on several pages, which will include all the nuances. And only the essentials, fitting everything on one sheet. A reliable contract should include the following points:

1. Date and place of its compilation.
2. Detailed personal data of the landlord and tenant: first name, last name, patronymic, date of birth, place of registration and residence, number and series of passport or other identification document.
3. Subject of the agreement: an apartment for rent, owned by the landlord. Namely, its address, square footage, technical condition, availability of furniture, plumbing, assessment of suitability for living (heating, water supply), connection to the telephone network, the Internet, cable television. Detailed description may be stated both in the contract itself and in the deed of transfer attached to it.
4. A link to a document confirming that the landlord is the owner of the property. About the absence of encumbrances by third parties (mortgage, pledge, other lease, arrest, etc.).
5. The cost of the monthly rent, including an indication of who is responsible for paying utility costs.
6. Payment form: cash in cash, by postal order or by bank card(contribution), free of charge, etc..
7. Payment terms: lump sum for the entire rental period or monthly (quarterly), indicating by what date payment must be made.
8. Which party is obliged to carry out current, major or urgent repairs of the apartment.
9. The period for which the housing is rented.
10. Indication of all tenants moving in with the tenant (if the contract is long-term).
11. The rights and obligations assigned to the tenant and the lessor, with which they must agree.
12. Reasons and conditions under which a tenancy agreement can be terminated unilaterally.

It is also advisable to include special conditions in the contract, the so-called “everyday tricks”:

1. The ban on the employer and members of his family (or those persons who will live with him) be registered at the place of residence (in a rented apartment). Although the legislator does not allow registration without the owner’s permission, “enterprising craftsmen” manage to circumvent the restrictions. Such a condition will not allow cheating during registration, and if illegal registration was nevertheless allowed, then it will be easy to challenge it in court (the agreement itself will be indisputable evidence of the unlawfulness of the employer’s actions).
2. Distribute the responsibilities of insuring the apartment against accidents between the landlord and the tenant. It is better, of course, to deal with this issue yourself, since by insuring the apartment against flooding, fires, civil liability, etc., the owner relieves himself of the risks for the negligent behavior of the tenant. After all, if such an incident occurs, the owner will be responsible to the victims (neighbors and other persons). Damages can only be recovered from the culprit (tenant) by way of recourse. That is, first the owner compensates for the damage to the victims and only then can he demand financial compensation from the tenant. Sometimes this is an impossible task (for example, the employer does not have property, does not officially work or pay alimony, etc.).
3. On restricting the ability to sublease an apartment to other persons without the written consent of the owner. Otherwise, the apartment can be turned into a living room.

On the periodic opportunity of the owner to check the condition of the apartment. These are the rights of the owner, in the presence of the tenant, to come to the apartment to inspect it for its safety, proper sanitary condition, etc. If such a clause is not provided, the tenant may simply not let the landlord in, because this is his right.

For what period should the contract be concluded?

The maximum period for which you can enter into a rental agreement is 5 years. And even if the document does not contain a reference to the period for which the apartment is rented, it will be limited to the specified time.

Experienced lawyers still advise against renting out an apartment for a long term. Concluding another contract for a new term is always easier than terminating an existing one. Moreover, when one of the parties does not agree with the termination.

Do I need to register a tenancy agreement?

An apartment rental agreement (or residential lease agreement) does not require mandatory registration in the bodies of Rosreestr, if it is concluded for a period of up to one year (for example, for 11 months or six months).

If it consists of more long term, then such a transaction will have to be registered. The downside is that this obliges the landlord to prepare a package of documents and pay a state fee for registration. In addition, information about the rental of housing and the receipt of profit by the landlord will be sent to the tax authority. But, on the other hand, by registering this transaction, he receives additional guarantees. .

It is most profitable to conclude an apartment rental agreement with the right to subsequently prolong it and renew it every year.

Advantages and features of renting an apartment for a period not exceeding 11 months, which we have already discussed

• The rental agreement does not need to be registered with Rosreestr. This means there is no need to waste time collecting documents or incur the cost of paying state fees. And upon expiration of the contract, clear the entry in the state register about the encumbrance (hire);
• the employer will not be able to count on a delay in eliminating violations that lead to termination of the contract.

Mostly short-term contracts are used by owners who evade taxes on rental income. After all, the tax office does not know about such an agreement (the agreement is not registered in the Russian Register and tax authorities do not receive information from there).

Registration of an agreement in the Russian Register is not difficult.

1. You can apply for registration of an agreement within 1 month from the date of its conclusion (Article 51 of the Federal Law “On State Registration of Real Estate”). Otherwise, a fine of 5,000 rubles is expected.
2. The applicants must be two parties to the contract (both the landlord and the tenant or their representatives by notarized power of attorney).
3. The package of documents consists of:
   • rental agreement with acts of transfer of the apartment from the owner to the tenant in three copies;
   • applicants' passports (for identification);
   • receipt of payment of state duty (amount of 2000 rubles, 1000 rubles on each side);
   • copies of documents on ownership of the apartment (founding agreement, certificate of ownership, cadastral passport). Although these documents are not mandatory, their provision speeds up the process of accepting applications and registering an agreement;
   • consent of interested parties (other shareholders, mortgagee, etc.).
4. Registration is carried out within 5 working days
5. Documents are submitted to the MFC department.

Registration may be denied for the following reasons

• the apartment for rent is not registered in the cadastral register;
• a previously concluded lease agreement for the same area is valid;
• a complete list is not provided necessary documents for registration;
• the lease agreement has gross inconsistencies with the requirements of the law.

Payment for rented housing

Payment for renting an apartment, as well as the conditions for making utility payments, should be described in detail in the contract.

Some landlords insist on a rent deposit. That is, they demand payment for several months at once. This guarantees that residents will live in the apartment for the entire period they paid for. For the employer, this is the confidence that he will not be left without a roof over his head during the time for which he has already paid.

Information that a deposit for several months is required for renting an apartment can be indicated directly in the contract or agreed upon orally by the parties.

It is better to set out in writing the terms of the return (or non-refund) of the deposit in the lease agreement. This is in case the tenant decides to move out of the apartment earlier, within the period for which he has already paid the rent.

For example, the tenant paid a deposit for living in rented housing for 6 months, and after 3 months he decided to move out. This option must be provided for in the contract and indicate whether in this case the landlord will have to return part of the rent.

There is a requirement to deposit the last month's rent. The scheme is as follows: double payment is made in the first month. And you don’t have to pay anything for the last month, since the deposit payment is the payment for the last period. This deposit insures the owner of the apartment if the guest moves out secretly without paying for the last month.

About receipts

It is advisable to record the transfer of any money for renting an apartment, be it a deposit or a monthly payment, with receipts. You can prepare a single form in which you only need to enter the amount and date of payment and sign the parties. Witnesses are often brought in to confirm the fact of transfer. Their details are included in the receipt.

It is also advisable to complete the receipt in two copies, so that one remains with the tenant and the second with the lessor.

If payment for rental housing is made in non-cash form, then the payer must keep checks (receipts) for the transfer of money to the owner of the apartment.

Termination of an agreement

The grounds and conditions for terminating the tenancy agreement must be specified in the document itself.

The tenant has the right to terminate it at his own request, subject to two conditions:

• all persons living with him agree with this decision;
• the lessor is notified no later than three months.

The person renting an apartment may terminate the contract unilaterally on the following grounds:

• the tenant does not pay rent for six months in case of long-term rental or misses two payments in a row if the rental period is less than 1 year;
• damage or destruction by tenants of housing or property located in it;
• using the apartment for purposes other than its intended purpose, for example, for an office, warehouse, etc.;
• systematic violation of order, causing disturbance to neighbors (the violator was warned by the landlord, but did not eliminate the violation).

The tenancy agreement can also be terminated through the court. The initiator of the claim can be either the landlord or the tenant. The reason is usually that the housing has become unusable or has been recognized by the relevant authorities as unsafe.

If the tenant does not agree with the termination of the contract at the initiative of the landlord, he has the right to appeal this fact in court. If the rental agreement was concluded for a long term, the court may grant the plaintiff a deferment to eliminate violations and pay the debt for up to one year.

Should I pay tax on income from renting out an apartment?

Even if the apartment is rented out for a short period of time, this does not relieve the landlord who receives the proceeds from tax liability.

When the lease is long-term and registered with Rosreestr, then information about the transaction will most likely end up with the tax office.

With a short-term contract, it is easier to conceal the fact of receiving a profit from the rental (for obvious reasons). But legislators do not advise doing this. Those who get caught will be forced to pay not only income tax for the entire period, but also a fine and penalties in the amount of 20 to 40 percent of the unpaid tax amount, etc.

When the tax debt amounts to a large amount (more than 900 thousand rubles), the culprit may face criminal punishment. Up to imprisonment.

A concluded rental agreement for residential real estate is a reason for tax authorities to collect tax on the amount for renting out an apartment. Any ill-wisher, as well as Rosreestr at the request of the tax office, can report this.

According to the law, the landlord is obliged to from January 1st to April 30th inclusively submit to the inspectorate at your place of residence a declaration of your income for last year. It indicates the amount of profit received, including from renting out the apartment.

No one will send the taxpayer a receipt for the amount of tax. You must pay the calculated personal income tax yourself at the rate of 13 percent of the amount of profit received from renting out an apartment per year. If the declaration is not submitted, then a fine is provided for this in the amount of 30% of the amount of the tax base, but not less than 1000 rubles.

Payment must be made until July 15th of the year, in which the declaration was submitted. Failure to pay or late payment may result in fines and penalties.

The landlord can be exempt from paying tax only if he has not received rent for the apartment from the tenant for a long time and is able to prove this fact.

Self-employment and apartment rental

The status of a self-employed citizen allows you to solve some problems in the hiring issue.

Firstly, simplified taxation . This is a tax experiment. in Moscow, Moscow region, Tatarstan and Kaluga region . Citizens of these regions can register through the “My Tax” service and pay 4% of the amount of income. Reporting is generated by the same Internet service “My Tax”. The amount is paid monthly. There is no need to submit any declarations. The amount of income per year should not exceed 2.4 million rubles. The beginning of the experiment showed that the idea was not unsuccessful. This way of paying for your income is convenient and economical. Other regions of Russia have already expressed a desire to join the experiment.

Secondly, no need to register as an individual entrepreneur . By registering as self-employed, a citizen will pay a special tax on professional income. These obligations are sufficient for the state and there is no need to strictly tie oneself to the entrepreneurial path. Of course, if we are talking about renting out your home, which consists of 1-2 objects. If there are a large number of objects and other people’s objects will also be provided for rent (for example, for rent or real estate under management). This is a purely commercial activity. You can’t do without an IP certificate.

For the self-employed, tax holidays are provided until December 31, 2019 (clause 70, article 217 of the Tax Code of the Russian Federation). You just need to submit a notification to the territorial Federal Tax Service and indicate the type of preferential activity. Unfortunately, renting housing is not included in the type of activity of self-employed people, which is exempt from paying taxes. At the regional level, authorities at their discretion can determine the types of occupations that will fall under preferential status. But today, not a single region has included rental housing in this list.

Other types of liability

There are cases when citizens rent out several apartments they own at once. Such activity is recognized as entrepreneurial. Therefore, before renting out apartments, it is required obtain the status of an individual entrepreneur. Otherwise, there will be liability under administrative (Article 14.1 of the Code of Administrative Offenses of the Russian Federation) or criminal (Article 171 of the Criminal Code of the Russian Federation) legislation (depending on the amount of income received) for illegal business activities.

Let us clarify that if we are talking about one apartment, in practice it is considered that this activity does not relate to commercial activity. This is one of the types of activities of self-employed citizens.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

104 comments

Every year the number of fraudsters in the field residential property rental does not decrease.

In order to rent an apartment safely and not fall for the tricks of criminals, you should perform a series of actions, which will protect you from the tricks of scammers. This simple and obvious steps.

First of all, ask the property owner or his representative following documents:

• document confirming ownership.

  As a rule, this is a certificate in the name of the lessor.

• Passport.

  Please review this document carefully for any changes and carefully examine the area with the photo. For additional assurance, please make a copy.

• Technical and cadastral passport.
• Consent of all homeowners (if there are several) to renting out an apartment.

  Compiled in free form indicating data of all owners.

• Power of attorney.

  These documents will be required if the transaction performed on behalf of the owner, and not by themselves.

Important! At first glance, requiring so many papers may seem excessive, but it is better to check them at an early stage than to end up in unpleasant situation Later.

Lease agreement for renting out an apartment for a long term

Basic document for transfer of residential real estate for a long-term lease is a lease agreement or a rental agreement. The difference between them is that for rent they can any premises for rent(technical, commercial or residential), and the parties can be both individuals and legal entities.

In turn, hiring is a process carried out only between individuals, and the object is only residential premises, such as apartments. These types of contracts are discussed in § 1 Chapter 34 and Chapter 35 of the Civil Code of the Russian Federation.

Further given the document must be registered. However, there is a strict need for this action if one of the parties is a legal entity. In transactions between individuals for periods of less than 1 year, registration of the agreement is not a required step.

Collection of necessary papers and the amount of state fees

Ideally, a certificate, cadastral passport and other real estate documents must be kept by the owner, who decided to hand over his real estate for rent.

There are cases when part of documents or their entire set is lost forever.

In such situations you should apply for duplicates or restoration.

The technical passport is restored in 10 days, and the fee ranges from 755 to 1827 rubles. For expedited receipt of the document(3 days) you need to pay twice the fee. The cost of restoring a cadastral passport is 200 rubles, and the period is about 10 days.

Important! The certificate of ownership can be restored at the territorial department of the Federal Registration Service.

To receive it need to pay state duty in the amount of 100 to 400 rubles.

When registering a lease or rental agreement, you will also need to pay a state fee. Its size is – 1000 rubles for individuals and 15,000 for legal entities.

What must the renter provide?

With a set of documents from the tenant, everything is simpler. Mandatory only one document is needed- passport. To comply with all formalities, it is advisable to request a copy, as well as check the data with the original.

Data from your passport will be required when drawing up a rental agreement and related documents. Besides copy transfer process of this document, as a rule, is an additional disciplinary factor - the tenant will takes property more seriously and monitor the timely payment of bills, knowing that the owner has his passport data, who, in turn, will not be so afraid rent out your home.

In what situations should you be wary?

In situations where the lease documents or part thereof are doubtful or completely absent, you have to be extremely careful.

We strongly We recommend contacting a lawyer who work and specialize in the rental of apartments, as well as other real estate.
The radical way is refusal to take further action and signing documents.

As practice shows, if one of the parties has problems with providing any documents(be it a certificate of ownership, a registration certificate for an apartment, or, especially, a passport), this means that this transaction may cause problems, the solution of which is in no way included in your plans.

Important! When comparing documents and their data, pay attention to the quality of paper and materials.

Passport pages with poorly printed lines, a dull copy of a certificate or the absence of a power of attorney to rent out an apartment should alert you.

Useful video

Look interesting video on the topic of the article:

Results

As we see, rental relations, like any other related to funds, are desirable, and at times necessary, confirm with documents and contracts.

There are not as many of them as it seems, but filling them out in a timely manner and signing them will help get rid of future problems.

Instructions

Additional income in the form of payments for rented property is never superfluous. Many property owners tend not to enter into a lease agreement in order to avoid paying personal income taxes. This practice may only be acceptable with a tenant who is your good friend, or at least a friend of your friends. With a stranger, such cooperation can be costly.

The lease agreement not only guarantees you timely payment and safety of the transferred property, but also is the basis for going to court if a dispute arises between the parties during the lease relationship. The agreement allows the parties to consolidate their rights and obligations, which disciplines both the owner of the apartment and its tenant. As a rule, if an apartment is rented for a long period, then during the rental relationship many disagreements may arise about who should pay for repairs in the apartment, who should bear the costs of utility bills, and who should compensate for damage caused to third parties.

You can rent or rent an apartment either independently or through a real estate agency. If the transaction is accompanied by a real estate specialist, then the owner of the apartment and the tenant must sign an already prepared lease agreement. As a rule, the participation of a realtor costs the parties to the contract at least the cost of a month's rent. In principle, you can avoid the costs of a realtor, but to do this you need to have a minimal understanding of the composition of the package of documents for a transaction related to the rental of real estate.

The lease agreement is of a paid nature, i.e. the owner of the apartment transfers the right of use, and the tenant, for a price specified in the contract, receives temporary possession and use of the property. The lease agreement is concluded in writing and is subject to mandatory state registration if the agreement term exceeds one year. If the apartment is rented by a representative under a power of attorney, then the power of attorney must be notarized and contain the powers of the attorney and the characteristics of the property being leased. Information about the attorney’s right to receive rental payments.

To conclude a lease agreement, the owner of the apartment (lessor) must submit: an identification document, documents confirming ownership, title documents (on the basis of which the lessor acquired ownership) - a purchase and sale agreement, privatization documents, a certificate of inheritance, etc. etc., as well as a title document – ​​a certificate of ownership. If the apartment is the joint property of the spouses, then in order to avoid controversial situations in the future, you can ask for the consent of the second spouse to transfer the apartment for rent (this can be done in simple written form). The tenant only needs an identification document.

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

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

What papers are needed to rent out a home?

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

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

Possible problems

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

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

What needs to be signed?

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

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

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

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

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And don’t give money to scammers

For three years I helped people rent apartments and now I know several thousand rental stories.

Maria Yakovleva

protects people from scammers

It happened that my clients found an apartment, agreed to move, but instead lost money and were left homeless. I’ll tell you about the six most common schemes to defraud employers and explain which documents to check and what to pay attention to.

Fraud Option

Fake apartments from news agencies

There are agencies in the real estate market that sell only information, which is why they are called information agencies. They provide false information about apartments, take a commission from the client and do not guarantee occupancy.

Advertisements from such agencies often come across people who have just arrived in a foreign city and want to quickly rent an apartment. I noticed that even the offices of such agencies are often located near train stations and popular hostels.

To do this, the potential employer is invited to a decent office, most often in the city center. Managers are well trained and come across as professionals. The future employer is provided with licenses and documents and shown many fake awards, diplomas and certificates.

After meeting, they offer to sign an agreement and pay a commission. Under this agreement, the agency provides the addresses of the apartments for rent and the telephone numbers of their owners. The manager shows photographs of attractive options - luxury apartments at a reduced price.

Then the manager gives out information, offers to call the fake owner and go to view the apartment without an agent. There are several options for further developments. The owner says that the apartment is for rent, or does not answer the phone, the phone number turns out to be inactive, or it turns out that the apartment at that address is not for rent or does not exist.

If you return to the agency, the manager will present an information contract. There is no clause in it that the information must be up-to-date, and the agency undertakes to find an apartment. The client was provided with information, but the agency is not responsible for its quality. It may happen that there will no longer be an office, because news agencies in most cases are fly-by-night companies.

How to protect yourself. If you realize that an ad on the site was posted by a news agency, do not call them, but complain to the support service. Specialists from large websites know how to recognize news agencies. They will additionally check the user and all his ads and block if they find violations.

If you call and understand that you are dealing with an agency, do not come to the office. You'll waste your time, but you won't rent an apartment. If you only recognize a news agency on the spot, run away from there. And don't forget about the basic rules:

1. Read the contract carefully and do not pay money at the office. In good agencies, they will first show you the apartment, offer to check the documents, sign a rental agreement, a transfer and acceptance certificate, and only then ask you to make an advance payment.
2. Expensive apartments and quality services cannot be cheap. News agencies lure people precisely because their services are cheap: they set prices 2-3 times lower than honest agents.

For example, in St. Petersburg the most popular type of apartment is one-room apartments with average quality renovations near the metro for about 20 thousand rubles. If you find an agent with a 50% commission, pay 10 thousand rubles for the search. News agencies charge less for their services - usually 10-20% of the monthly rent, that is, 2-4 thousand rubles.

Fraud Option

Black realtors and other people's apartments

A person has the right to rent out only his own apartment and confirms this with a certificate of registration of rights or an extract from the Unified State Register of Real Estate (USRN) and a title document, such as a purchase and sale agreement. To rent out someone else's apartment, even a close relative, you need a notarized power of attorney.

Fraudsters play on people's trust. They rent an apartment, falsify documents and rent it out to several people. This scheme was widespread in the 90s due to black realtors, but is now less common.

Deception scheme. First, the scammer rents an apartment and prepares for future deception. He chooses owners who rarely appear in the apartment: they work a lot, travel or live abroad. Then the “landlord” falsifies all the documents that the tenants check - a passport, a certificate of registration of the right to an apartment and a title document - and offers the apartment at a reduced price. This way there is a greater chance of quickly finding willing people.

The scammer takes calls and schedules viewings for different time so that employers do not interfere with each other. He shows everyone fake documents, talks about the advantages of the apartment and behaves like a real, conscientious owner. Finally, he signs several rental agreements, takes rent from each employer and disappears.

The tenant comes to “his” apartment and sees a crowd of other people. Everyone has a fake rental agreement, and everyone is sure that it was he who rented the apartment. After disputes and clarifications, everyone understands that they have run into a scammer. Perhaps all the tenants will meet at the door, because the scammer will have time to change the locks so that no one gets into the apartment. In any case, they do not have rights to the apartment, since the rental agreement was concluded with a person who does not own the apartment.

How to protect yourself. Check documents slowly and thoughtfully. If the landlord is rushing you, don’t give in: ask questions, read the rental agreement. The scammer is in a stressful situation, so he will rush. It is important for him that the potential employer does not notice the counterfeits and quickly gives the money: he has several more similar victims in line.

From the documents, check the certificate of registration of title, if the apartment was purchased before July 15, 2016, or an extract from the Unified State Register of Real Estate, if after this date. You should also look at the title documents - most often this is a purchase and sale agreement or an agreement for shared participation in construction for new buildings - and the passports of all owners.

How to distinguish sublease from fraud

Subletting is a normal, legal practice in the real estate world. The tenant rents an apartment from the landlord with the right to sublease. After which he rents it out to other people and enters into contracts with them. This scheme is more common in the market daily rental, less - for long-term.

You can distinguish sublease from fraud by checking documents. Look at your passport, title documents and registration certificate or extract from the Unified State Register of Real Estate. This way you will understand who the owner of the apartment is.

If this is a sublease, the contract will definitely have a clause stating that the owner is not against subletting his apartment. It may look like this: “The Landlord does not object to the Tenant subletting residential premises at the address: Moscow, st. Obraztsova, 8a, apt. 80, from January 1, 2019 to January 8, 2019.”

The owner’s consent is also formalized in the form of an appendix, agreement, letter or any other written document and supplements the contract.

Fraud Option

Renting without the consent of the apartment owner

If an apartment is owned by several owners, each of them must give their consent to renting out the apartment. Their passport details and consent are indicated in the rental agreement.

One owner cannot decide for the others and rent out the entire apartment. This is illegal. Therefore, if this happened, then it is either inattention or a pre-conceived fraudulent scheme.

Deception scheme. An apartment belongs, for example, to two owners in equal shares. The contract is concluded by one of them - he enters his passport data and signs. That is, the tenant receives his consent to rent an apartment. Since there are two owners, by law both must give consent, even if one of them decided to rent out only his share.

When the second owner finds out that the apartment was rented out without his consent, he can go to the police and court and challenge the deal. The rental agreement will be declared invalid, and the tenant will have to look for another apartment.

How to protect yourself. Check title documents: certificate of registration of rights or extract from the Unified State Register of Real Estate. If you see several owners in the certificate or extract, include them all in the rental agreement. Each owner must be present when the contract is signed. Check everyone’s passport, enter the data in the contract and be sure to make sure that everyone signs the contract.

If not all owners can be present at the signing of the agreement, one of them - the one with whom you are entering into an agreement - must confirm in writing that the remaining owners are not against the transaction. This is done in the form of a clause in the contract or an appendix.

Such consent does not ensure complete security. There have been cases when it turned out that the other owner was categorically against renting out the apartment, and, despite the guarantees, the contract was declared invalid. Therefore, the best option is a rental agreement with all owners or a notarized power of attorney from absent owners for the right to sign the agreement.

Is it possible to agree verbally if you rent an apartment from friends?

No, renting an apartment must be stated in the contract. If you are actually renting an apartment and paying money for it, and not just staying for a while, sign an agreement.

Relations between relatives can deteriorate, and without the protection of a contract, you risk being left without money and housing.

Fraud Option

Changing locks by owner

The tenant has rights to a rented apartment only when he and the landlord have signed a rental agreement and an acceptance certificate. If they agreed verbally and the owner promised to rent out the apartment, and the tenant gave him money for it, the rights to the apartment still remain with the owner. He can do whatever he wants in it, for example, change the locks on the front door.

The lock replacement scam scheme is aimed mainly at gullible people who do not understand the importance of contracts, receipts and other papers. In the world of real estate, only written agreements work.

Deception scheme. Most often, a rental agreement is not concluded: the landlord simply hands over the keys and takes either the entire monthly rental amount or a deposit. Doesn't give any receipts. Then he asks not to come into the apartment for a couple of days under the pretext that he needs to finish minor repairs or pick up things.

When the tenant arrives at the apartment, the key does not fit the lock. The owner needed these few days to change the locks. The deceived tenant will not be able to somehow confirm the fact of the agreement with the owner, because there is no rental agreement and no receipt for the deposit.

How to protect yourself. Always enter into a rental agreement, draw up a transfer and acceptance certificate and record the transfer of money. If you pay a deposit, ask the owner for a receipt, at least handwritten on a plain piece of paper.

But it will be better if you print out the form in advance and fill it out with the owner.

When you transfer the deposit for an apartment to the owner, write this down in the annex to the mutual settlement agreement. If the owner comes to you every month for money, make a new entry in both copies of the contract. If you do not see the owner and transfer money to him on the card, keep the receipts.

Fraud Option

Generosity Promotions

This scheme was invented for solvent people who count their money and want to save money. If the tenant agrees to rent an apartment at the stated price - or, conversely, does not agree - he is offered a discount, but is asked to pay several months in advance.

Deception scheme. Fraudsters put pressure on greed: they argue that the apartment will cost much less. For example, housing costs 25,000 rubles per month, but if you pay 120,000 rubles in advance six months in advance, it will cost 20,000 rubles per month. This is a significant saving, which is why many employers agree. Perhaps this is an honest offer from the owner and there will be no deception. But it happens that the landlord kicks the tenant out of the apartment ahead of schedule or suddenly replaces the locks, and keeps the money for himself.

How to protect yourself. It is better to pay only one month's rent in advance. The owner can kick out, change the locks or sell the apartment, and the tenant can change his mind and move to another property. In such cases, it will be difficult to collect money from the owner.

Fraud Option

Assignment of prepayment

In the real estate market, advance payment is made as an advance payment, deposit or security deposit. But prepayment is also one of the most common fraud schemes. They extract it from employers in various ways, and when they receive it, they stop communicating.

Differences between advance, deposit and pledge

A deposit is the most stringent type of security payments. If the tenant gave a deposit and then changed his mind about signing the rental agreement, the deposit remains with the apartment owner. If the owner refuses the deal, he returns the deposit in double amount.

A deposit, or security deposit, is an amount that the tenant gives to the landlord in case of violations. If the tenant violates the contract or causes damage to the apartment, the security payment goes towards repaying the damage.

An advance is a payment that will be counted towards subsequent payments for the apartment if everything goes according to plan. If something went wrong and the contract could not be signed, the landlord is obliged to return the advance.

Deception scheme. The tenant calls about an advertisement for renting an apartment. They tell him that the apartment is available and come up with a reason why he needs to transfer the advance payment. The reasons may be different. The three most common:

1. High demand. To prevent the apartment from being taken away, they ask you to send an advance payment to the card of the owner or realtor, and then come and sign an agreement.
2. The owner has a long way to go. Therefore, the client is asked to confirm his intention to rent an apartment and transfer the prepayment to the card.
3. Mandatory prepayment before concluding a contract. This is the owner’s condition, otherwise he will not rent out the apartment. More often they ask not for the full amount, but for an advance, 2-5 thousand rubles.

How to protect yourself. Do not transfer the advance payment. Pay money only after you look at the apartment and sign the rental agreement and the acceptance certificate. Remember that gorgeous photos of the apartment and low price- this is not a gift of fate, but a reason to check the apartment, the owner and the contract several times.

Greetings from a Peruvian

This is an original version of the prepayment scam, which began in the car market and is now found in the rental and sale of residential real estate.

Essentially, the same beautiful apartment at a reduced price and an advance payment requirement. You only communicate with the owner by mail, since he is located in another country.

They write something like this to you:

Good afternoon

I will explain the reason for my sale of the apartment at a reduced price.

I lived in Russia for a long time, but since my children live in Peru, I decided to move. I do business here, but I still have an apartment in Moscow and I want to rent it out.

To conclude an agreement, I must fly to Moscow. But I am only ready to go to a real client who is serious. Therefore, transfer me a deposit of 10,000 rubles through the Money Gram fast money transfer system or the Contact system to confirm your intentions.

Send me a receipt for payment, but cover the control number. Without it, I will not be able to receive the transfer, you can check this with the bank. This way you will be confident in my honesty and tell me the number only after concluding the contract.

I do not intend to change the terms of renting my apartment and its price. Because of these conditions, I rent the apartment at a low price. If you don't agree, don't waste my time.

Fraudsters can be from any country, but more often from Cameroon and Peru, so the message will be misspelled and a little clumsy.

The bank will confirm that it is impossible to receive money without a control number. Then you will go, for example, to Western Union and send the transfer. Take a photo of the receipt, close the code and send it to the scammer.

He will accuse you of drawing the receipt in a graphics editor and will send you a link to a fake money transfer system website. There you must enter all the data about the transfer, including the control number. A final window will appear, a screenshot of which the scammer will require. After that, he will receive the money and stop communicating.

Do not respond to such a message, but rather take a screenshot and send it to the support service of the site where you found the ad.

What documents to check before renting

You need to check three documents: a passport, a certificate of registration of rights and/or an extract from the Unified State Register of Real Estate and a title document - most often a purchase and sale agreement.

Passport of a citizen of the Russian Federation. It is necessary to verify the identity of the renters. To do this, check your passports. There is no need to check your military ID, driver's license and foreign passport, because their data is not included in other documents.

The passport data must be exactly the same as in all other documents. That is, the full name, series, number and all other data must match exactly. This will confirm that the person in the documents is the same person as in the passport and in front of you. Passport verification is the first and most important step.

Before renting an apartment, check whether the seller has a real passport. Here's what I recommend you pay attention to:

1. No corrections, stickers, crooked fonts.
2. There are all watermarks and imprints, fonts, as in your passport.
3. The passport series matches the place of issue. The first two digits of the series are the area code. For example, if a passport was issued in St. Petersburg, the first two digits are 40, if in Moscow - 45. If the series starts with 40, and the passport was issued in Lipetsk, it is a fake. A list of city codes can be found on the “Your Passport” website.
4. The condition of the passport corresponds to the date of issue. If the passport looks new, but was received three years ago, this should alert you.

Also check whether the owner's name and surname have changed. If yes, ask the seller for a certificate from the registry office of marriage or divorce or change of name.

Title documents show who owns the apartment or part of it and on what basis and who can rent it out.

The type of title document depends on how the apartment came to be owned by the owner. If privatized, the title document will be an agreement on the transfer of ownership of the apartment. If you bought it - a purchase and sale agreement, and if you received it as an inheritance - a certificate of the right to inheritance by law or by will.

If the apartment is in a new building, the title document may be an agreement on shared participation in construction. Together with him, it is necessary to check the apartment acceptance certificate if the house has already been rented out.

Certificate of state registration of property rights confirms ownership of the apartment or part thereof. There will be no certificate in two cases:

1. If the owner registered ownership of the apartment from 1991 to 1996. In this case, it is necessary to check whether a mark on the state registration of the right is made on the title document, for example, on the purchase and sale agreement.
2. If ownership is registered after July 15, 2016. From this date, the certificate of registration of rights was canceled and replaced with an extract from the Unified State Register of Real Estate.

To check the certificate of ownership, check the supporting documents that are indicated in it with the real documents. The type, number and series must match. Also check the address, floor and area of ​​the apartment.

Replaces the certificate of registration of ownership. It is needed to confirm ownership and a list of title documents, as well as check the presence of other owners. Check the data from the extract - address, supporting documents - with the title documents. Everything must match.

What else to pay attention to

Owner behavior. If he is in a hurry, nervous, threatening to rent out the apartment to others if you don’t make a decision right now, be wary. Assess his adequacy visually: look at him first of all as a person. You need to see him every month, resolve issues, perhaps ask for help, so rent an apartment from a person who is at least not disgusting to you.

Apartment rental price. There are no perfect options at a low price. A renovated and furnished apartment five minutes from the metro cannot cost a penny. There's always a reason for the price and it's probably a scam.

Documentation. Forgery of documents is an expensive procedure. Therefore, scammers often use an economical option: they forge documents themselves or lie about why they are not there. Do not rent an apartment until you see the original documents.

How much money to pay

Rental amount pay only for one month. If the owner offers to pay six months in advance, refuse.

Pledge- this is an amount that reassures the owner in case of damage to his property. For example, if a tenant breaks a window and decides to move out, the owner will take part of the money from the deposit, fix the window, and return the rest. A full refund of the deposit can be demanded from the owner only if the tenant returns the apartment in the same condition as he rented it.

The amount of the deposit is determined by the owner. There are three most common collateral schemes:

1. deposit equal to 100% of the apartment's rental price for the month, in one payment;
2. a deposit equal to 100% of the rental price of the apartment for a month, in two payments, that is, divided into two months;
3. double deposit equal to 200% of the apartment's rental price for the month, in one payment - mainly for business and elite class properties.

That is, when concluding a contract, you pay either the entire amount of the deposit or part of it as agreed with the owner.

Remember if you are going to rent a house

1. If you are asked to come to the office and sign an agreement before showing the apartment, do not agree.
2. Check the documents before signing the contract. Look at the owners’ passports, a certificate of registration of title or an extract from the Unified State Register of Real Estate and a title document, such as a purchase and sale agreement.
3. Always enter into a rental agreement and sign the acceptance certificate for the apartment.
4. Pay only one month's rent in advance.
5. Pay money only when you see the apartment and the owner in person, check the documents, sign the rental agreement and the acceptance certificate. And don’t forget to indicate monthly payments on the settlement form.

We worked on the material

Author - Maria Yakovleva, editor - Elena Evstratova, production editor - Marina Safonova, photo editor - Maxim Koposov, information designer - Zhenya Sofronov, illustrator - Anton Kalashnikov, responsible - Anna Lesnykh, proofreader - Alexander Salita, layout designer - Evgenia Izotova