Are you planning to rent your first apartment? Congratulations on your first step towards independent living! Renting an apartment is not as easy as it may seem. When concluding a contract with your landlord, it is worth considering many important details in order to enjoy life in your new home calmly and without unnecessary hassle and financial losses.
Our advice will also be useful to those who have already got into trouble when renting an apartment and would like to avoid trouble in the future.
Features of the lease agreement
Tenants should especially note the following points in the contract:
term of the contract;
methods, amount and terms of payment;
conditions for payment of utility bills, electricity and telephone conversations;
an inventory of the property located in the apartment and its condition;
natural wear and tear of the interior and items in the apartment.
When the owner is alone at the premises, this is quite convenient, it is he who will sign the lease agreement, and this procedure can be performed by his authorized representative (in this case, his authority is notarized). The situation becomes more complicated if there are several owners - it is possible to rent out such an apartment only when everyone who has the right to share the property agrees to it, therefore it is simply impossible to rent out a dwelling without the consent of other owners. Ideally, the contract should be certified by the signature of each owner or his official representative (let's say that one of the owners is a minor child, in which case the parent will act on his behalf). But if one of them cannot be personally present at the signing of the contract, the one who rents out the apartment can take a notarized power of attorney in his name from him. He can also present the consent of all other owners, which must also be notarized.
What to do if the landlord cannot present all the necessary documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: an agreement that does not comply with the law may be invalidated, and problems will arise for the tenant.
And one more thing that we often forget about: do not forget to think over your actions in advance, immediately decide what will be indicated in the contract, and before putting your signature, be sure to read what you are signing.
Check the owner and documents for the apartment
The most important thing that inexperienced tenants often forget about is checking the landlord. Ask the owner to show you your passport, it is better if it is an original, not a photocopy. Check every page, any mark not required by law will invalidate the passport.
Check the certificate of ownership. This is the main document that confirms the ownership of real estate. Until 2000, a certificate of ownership of a dwelling was issued, and from October 1, 2013, instead of a certificate of state registration of rights, an extract from the Unified State Register of Rights (EGRP) can be issued.
Do not forget about title documents and other little things
Together with a certificate of registration of ownership and an extract from the USRR, ask the seller to show the title documents for the apartment, that is, the documents by which the seller acquired the ownership of the apartment.
There are several types of such documents: a certificate of ownership, a donation agreement, a sale and purchase agreement, a certificate of inheritance, a certificate of privatization. If the apartment belongs to a housing construction cooperative (HBC), ask the seller for a certificate of the paid share.
Do not confuse these documents with various certificates of legal registration, entry into the register of owners issued by the BTI, local committees for property management and property funds, and other local governments. They cannot replace a certificate of ownership and an extract from the USRR.
Be sure to check all documents provided to you for corrections, including the date and registration number. Stamps and signatures must be legible.
In addition to obvious things (the duration of the contract, the amount of rent, etc.), it makes sense to indicate, for example, the time at which the landlord can visit the apartment, and also during what period he must warn the tenant about this. In addition, it is always useful, along with the contract, to draw up an act of acceptance and transfer of property indicating defects, so that the landlord does not make you responsible for a broken TV, doors that have fallen off on an old wall or squashed, damaged long before you appear in this apartment.
Utilities and pets
If, according to the contract, you pay for utilities, be sure to get yourself a separate folder for all checks and receipts - it can come in handy in case of a conflict. It is highly not recommended to start a pet without the consent of the landlord, some landlords are very negative about cats and, even more so, dogs in their living space. In some cases, this may even be a separate clause of the agreement, but, in principle, it is possible to agree quite normally in words, if you approach the issue correctly.
Receipt for payment
In addition, experts recommend that when paying rent, take a receipt from the owner of the apartment for receiving money, so that in the event of a conflict, you can provide evidence that there were no violations on your part and you were not left in debt. The receipt must indicate the period for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed not only by you, but also by the owner of the rented apartment.
Repair and damage to property
There is such a thing - the natural wear and tear of the apartment. You are not amorphous creatures moving through the air. If someone lives in an apartment, inevitable processes of obsolescence, wear, erasure, etc. take place. However, rent is income with risks and costs embedded in it. Therefore, you have to pay for damaged property, but not for natural wear and tear, unless it is specifically stipulated in the contract.
Do not be embarrassed and discuss such points separately. In most cases, you can not prescribe them in the contract. At least do this so that you don't have to do major repairs later or reimburse the cost of those things that were broken or broken before moving in. As we have already mentioned, it is best to draw up an act of acceptance and transfer, which describes the apartment and its condition, and indicate valuable items and equipment specifically in order to avoid any possible misunderstandings about this.
Accommodation of third parties
Sometimes it happens that the landlord is extremely negative about the fact that other people suddenly appear on the rented living space, even if it is a friend who suddenly arrived on a business trip or a girl / guy who really liked. On the other hand, it also happens that the owner of the apartment himself suddenly, in an ultimatum form, may demand that the tenant agree to tolerate some relative or friend of the owner of the apartment for a night or two. It is clear that not everyone will like such attacks, so just in case, this can also be written in advance in the contract.
Landlord visits
It is necessary to discuss the issue of possible visits in the contract. This will help resolve issues with verification. The usual practice is as follows: the landlord visits the apartment once a month, coming for rent, having warned the tenant in advance by phone about his visit.
Someone treats the rented apartment as a means of earning money, and someone is too reverent and fearful and therefore decides that they have the right to visit it at any time and control the life of the tenant. By law, the hirer has every right to demand that the landlord not come without warning, and even more so when there is no one in the apartment.
Suppose you would like the landlord to visit the apartment no more than once a month, and he must notify about this by phone and no later than three days before the date of the visit. Indicate this in the contract, and if the landlord unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract and that he is obliged to comply with it.
How to terminate the contract
Sooner or later, you will have to move out of the rented apartment. How to terminate the contract? The easiest option is to leave the housing after its expiration date, when the tenant is obliged to vacate the living space he occupies by the time specified in the document.
If we are talking about early termination, then options are possible here. For example, if the landlord is the initiator of the early termination, then the contract can specify that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing.
If the money was paid up front, the landlord will have to return it to the tenant. If the tenant himself wishes to terminate the contract ahead of schedule, then the deposit, of course, will remain with the owner of the premises.
Even at the stage of selecting housing, a potential tenant should weed out all those who rent without official registration.
If the owner decides to rent the apartment and save on taxes, having deceived the state, it is quite likely that in the future he will decide to make money on his tenant in this way.
First of all, the future employer should look at citizen's passport from whom he intends to rent a house.
It is hardly possible for a non-professional to identify 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.
Not suitable and photocopy individual pages.
Power of attorney
It is possible that an apartment is rented out by an intermediary acting on behalf of the owner.
Such a document must have notary record that all information contained therein is true.
The power of attorney must indicate the specific powers of the person, among which will be the right to lease the named property.
Also make sure that document validity period didn't end. 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 a document of title.
It could be contract of sale, certificate of inheritance and other document.
In any case, you will have to contact Rosreestr to make sure the information provided is up to date, because today you can sell real estate in one day.
Have the registrar issue a certificate to the prospective tenant regarding who owns the property.
When housing located in is rented out, it is necessary to require permission from the local administration in addition to.
What is required from the tenant?
What documents for renting an apartment should be required from the tenant? The tenant is required only passport.
There is no need to copy the pages of passports, because all the information from these documents will be indicated in the lease agreement.
What needs to be done?
When concluding a deal, it is necessary to draw up a number of important papers.
Treaty
The basis for the relationship of renting an apartment is treaty. 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 living, the procedure for terminating and extending the rental relationship. You can read more detailed information about the grounds and conditions for concluding such an agreement.
When is the lease term exceeds 1 year, then its necessary. And the tenant of housing should follow this, because the problems of the owner of the apartment with tax payments can affect his property and, accordingly, the tenant. Perfect option- the presence of the owner.
Inventory of property
In addition to the contract, it is mandatory to draw up which will be an integral part of the agreement.
In this document, the homeowner lists all items of furniture, interior, household appliances and other things that transferred for use together with the premises.
The tenant must ensure that the inventory contains information regarding the current state of these things: external damage, malfunctions, other defects.
Otherwise, the owner may demand compensation for shortcomings not indicated in the inventory. bank account of the landlord, it is not necessary to draw up a receipt.
All papers listed in this section must be issued in duplicate: one for the owner of the home, the other for the tenant.
Copies won't be enough.
As you can see, renting a home is not as difficult as it might seem at first glance.
Guided by the information in this section, you can easily arrange housing on one's own, without the involvement of third-party lawyers for a fee.
In a difficult economic situation, a fairly common practice among citizens who, for whatever reason, are unable to purchase their own apartment.
The demand for rented apartments is increasing every year, which creates favorable conditions for scammers. That is why the search for a free apartment should be done through a reputable advertiser who has been on the market for many years.
It is equally important to check the relevant documents with a potential landlord in order to be sure to avoid meeting with scammers. Renters also worry about who rents their space. Faced with a malicious defaulter is also a fairly real prospect, from which property owners want to insure.
Checking the honesty of the landlord is one of the most important conditions for obtaining housing.
The tenant must pay close attention to the following documents:
- At the first meeting, it is advisable to look at the passport - this is the main document for every citizen of the Russian Federation.
- It is necessary to open the document on the registration page and check the data entered there.
- Usually the owners have a residence permit at the same address where the housing is located.
- The absence of a residence permit is quite rare, but sometimes it happens that the owner is absolutely honest with the employer.
- He just didn't get to sign up. In this case, you can ask the neighbors about the identity of the owner.
- This is not a very effective check, however, it is better than not having any control over the situation.
This information is much more important than passport registration..
If a copy is presented, this is a reason to be wary. Passport details are verified in the state registration document. They must match the data reflected in the person's passport. In very rare cases, a court decision or a document issued to the heir of the deceased may be presented instead of a certificate.
At the next stage, you need to contact the local branch of Rosestra and request a certificate there confirming the owner's rights to this apartment or other housing.
An extract costs about 200 rubles. It is issued within five days to any citizen who has submitted an appropriate written request. The certificate verifies the name of the owner.
It also turns out from the document whether there are other owners, whether the property is under bail, whether there are any injunctions on its rent. If there are several owners, you will have to enlist the support of each of them - and this is additional time and a high probability of getting a refusal.
Business is not always run by the owner himself.
Often it is replaced by a trusted person who has a notarized document. Such a power of attorney should be checked with particular care. It is necessary to clarify the validity of the document, check the presence of a notary's signature. You can even call the notary's office and clarify whether this citizen received a power of attorney.
Proper execution of a power of attorney for the sale of an apartment will play a significant role in the success of the transaction. For all information.
Tenant's documents
If housing is rented by an individual, his passport (its presence) is mainly checked.
But legal entities (organizations, LLC, OJSC) can also deal with lease issues. They check the following documents:
- Power of attorney duly certified by a notary. It is important to find out who exactly this representative represents, and whether his power of attorney has expired.
- Documents confirming the legal capacity of the legal entity specified in the power of attorney. This may be the charter of a given organization or society, a certificate of state registration, tax documents confirming official status. It is important that the originals are provided!
- Details of this legal entity (address, phone numbers, bank account).
It is important that all the listed documents contain the signature of the head and the wet seal of the organization.
Also, a tenant can be a person engaged in entrepreneurial activities.
In addition to his passport, they check: 
- Documents confirming legal capacity - a certificate of state registration, and a certificate of tax registration.
- Extract from the Unified Information and Settlement Center.
- Details (bank account, registration number, stamp and signature).
As a rule, if a person has once dealt with rental issues, he will be able to handle the verification of documents on his own. Beginners in this business are better off using the services of a real estate specialist. Although the services of an intermediary will have to be paid additionally, this will help to avoid fatal mistakes and problems.
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The initial and permanent requirement in order to rent out an apartment is the need to conclude a contract. Drafting such an agreement will provide peace of mind to both parties. Let's take a closer look at what documents are needed for renting an apartment and the subsequent conclusion of an agreement.
What documents do you need to check when renting an apartment?
Certificate confirming the identity of the landlord, as well as his passport
Documents certifying the right to housing. First of all, they include a contract of sale, otherwise referred to as a contract for the separation of real estate for the benefit of the owner of the apartment.
The original of the act of transfer of real estate, which testifies to the state registration
Checks that confirm payment and the absence of debts for utilities and housing and communal services
The presence of an agreement in writing or the personal presence of all registered family members in a rented apartment
If the landlord for some reason cannot be present at the drawing up and signing of the contract, a representative authorized by him is obliged to show you a power of attorney indicating the transfer of authority. The main element in this power of attorney is a direct indication that this person can sign the agreement, followed by the collection of rent and so on.
If the owner of the living space is under 18 years of age, then the authorized person must submit documents on guardianship from the guardianship authorities. Such documentation can be obtained from the local government.
What documents do you need to look at when renting an apartment?
With documentation from the tenant, it's a little easier. The tenant is obliged to present documents to confirm his identity, that is, a passport and all copies of the passports of individuals who intend to temporarily reside in this living space.
Features when signing a contract
According to the requirements of the legislation, in order to rent out housing to other individuals, it is necessary to draw up a lease agreement. The only exception is if the owner of the apartment is a legal entity, then a lease agreement is drawn up. In addition, the living space can be used by a legal entity as a rented room for citizens.
Having decided to rent an apartment or rent a house, you should carefully study all the details of the procedure so that later there are no problems with the legal component of the transaction.
In the presented article, we will describe in detail what documents each party to the lease agreement must provide, the procedure for registering the concluded agreement and the dangers associated with fraud.
○ Renting an apartment and renting an apartment.
Renting and renting an apartment are two different concepts regulated by separate codes.
- "1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (landlord) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
- 2. Residential premises may be provided to legal entities for possession and (or) use on the basis of a lease agreement or other agreement. A legal entity may use residential premises only for the residence of citizens (Article 671 of the Civil Code of the Russian Federation, hereinafter referred to as the Civil Code of the Russian Federation).
Thus, the main difference between the two types of agreement is the status of the recipient of the service. A contract of employment may be concluded with an individual. In this case, the parties to the agreement are the landlord (the owner of the dwelling or his authorized representative) and the tenant.
Residential premises under a lease agreement can be provided if one of the participants in the transaction is a legal entity. The parties to the agreement are the landlord (providing housing) and the tenant (renting it).
○ What documents are needed from the landlord:
The lessor can be both an individual and a legal entity. In each case, the package of documents that must be provided to conclude a transaction is different.
✔ If the landlord is an individual.
When a dwelling is rented out by a citizen, he must submit:
- Passport.
- A document certifying the right to own housing (certificates of ownership, a contract of sale or a certificate of inheritance).
- Certificate of absence of arrears in payment of utilities (for this you need to take an extract from Rosreestr).
- Cadastral passport (taken from the Cadastral Chamber or Rosreestr).
- Written consent, certified by a notary from all owners of the residential premises, if there is more than one.
- Written consent, certified by a notary from the guardian, if the landlord is a minor or declared incompetent.
- A certified power of attorney, if the contract is not concluded by the owner of the property.
When concluding an agreement, the landlord is required to:
- The act of acceptance and delivery - this document will be the basis for the absence of legal disputes after the expiration of the agreement. It consists in fixing the actual state of the object of the transaction, drawn up in two copies, signed by each participant in the transaction.
- The inventory of property is an annex to the act and contains a description of the exact number of things leased along with the premises (also signed by both participants in the transaction).
- Receipt of receipt of funds for the lease of premises (drawn up in free form, signed by each party).
✔ If the landlord is an individual entrepreneur.
In this case, the renter must provide:
- Passport.
- A document certifying the right to lease real estate (certificate of ownership, primary lease agreement or contract of sale).
- Certificate of state registration of an individual as an individual entrepreneur (notarized copy).
- Certificate of registration with the Federal Tax Service (notarized copy).
- Extract from the USRIP (original document, date of issue not earlier than 7 days before the conclusion of the transaction).
- Bank account details (in the form of a document certified by the seal and signature of the individual entrepreneur).
- Order on the appointment of a person responsible for fire and electrical safety (copy certified by the seal and signature of the individual entrepreneur, indicating the contacts of the responsible person).
Also, when concluding a deal, you should prepare:
- The act of acceptance and transfer of real estate (document in two copies, signed by the parties and with the seal of the individual entrepreneur).
- Inventory of property - a detailed listing of all items on the living space transferred for temporary use with the obligatory indication of their quantity (2 copies, signatures of the parties and the seal of the individual entrepreneur).
- Receipt - acting as evidence of the receipt of financial resources for the lease by the individual entrepreneur in the specified amount (drawn up in a free form and signed by the parties).
✔ If the landlord is LLC.
When housing is rented out by a legal entity, regardless of the legal form, the landlord must prepare:
- Title document for the real estate to be leased (primary lease / rent agreement, certificate of ownership).
- Certificate of absence of arrears in payment of utilities (for this you need to take an extract from Rosreestr or UK).
- Certificate of state registration of a legal entity (notarized copy).
- Certificate of entering information about a registered legal entity into the Unified State Register of Legal Entities (copy certified by a notary).
- Certificate of registration with the Federal Tax Service (copy certified by a notary).
- OKPO, OKATO, OKONH and other codes and classifications assigned to the legal entity (a copy certified by the seal of the LLC and the signature of its head).
- The current version of the Charter (a copy certified by a notary or the Federal Tax Service).
- Memorandum of Association (if the number of founders is more than one) with all amendments and additions (if any), (copy certified by a notary or the Federal Tax Service).
- Certificate of registration of all changes in the LLC (extract from the Unified State Register of Legal Entities) (copy certified by a notary).
- Minutes of the general meeting (if there is one founder, then a decision) on the appointment of the head of the LLC (a copy certified by the seal of the LLC and the signature of the head).
- Certificate of entering information about the head in the Unified State Register of Legal Entities (notarized copy).
- Order on the assumption of the head of the position (copy certified by the seal of the NGO and the signature of the head).
- Extract from the Unified State Register of Legal Entities (original document, date of issue should not exceed 7 days before the conclusion of the transaction).
- Bank details (in the form of a document certified by the seal of the LLC and the signature of the head).
- License for the right to carry out activities if necessary, a copy certified by a notary.
- A power of attorney, if the transaction is concluded by a person not authorized for such actions by the Charter of the organization (original document certified by the head), the power of attorney should provide the right not only to conclude a lease agreement, but also an act of acceptance and delivery of housing.
- Passport of the head of the LLC with his contact phone number.
- Order on the appointment of a person responsible for electrical and fire safety (copies certified by the seal of the LLC and the signature of the head) indicating the contacts of the appointed person.
When concluding a deal, you must also prepare:
- The act of acceptance and delivery of the premises (drawn up in 2 copies, signed by the tenant and the head of the LLC).
- Inventory of property transferred for temporary use (2 copies, signatures of the tenant and the head of the LLC).
○ What documents are required from the tenant?
To conclude a transaction, the tenant must provide only a document establishing his identity - a citizen's passport. If we are talking about a foreign citizen, a valid passport is required, which contains all the marks of arrival in the country or a residence permit. Sailors and military personnel must provide a sailor's passport or a military ID, respectively.
○ Documents under the sublease agreement.
The sublease agreement involves the delivery of housing by the tenant.
- “Under a residential sublease agreement, the tenant, with the consent of the landlord, transfers for a period part or all of the premises rented by him for use to the subtenant. The subtenant does not acquire an independent right to use the dwelling. The tenant remains responsible to the landlord under the tenancy agreement (clause 1, article 685 of the Civil Code of the Russian Federation).
When concluding a sublease agreement, it is imperative that the area of \u200b\u200bhousing complies with the norms of the law (clause 2 of article 685 of the Civil Code of the Russian Federation) and is at least 12 sq.m. per resident.
To conclude this agreement, it is necessary to obtain the written consent of the owner of the premises and all persons registered on it. The document must be notarized. When concluding an agreement, the landlord also presents an identity document (passport for an individual and registration certificate for legal entities). On the part of the employer - a valid passport.
It is also necessary to draw up an act of acceptance and delivery of the premises and an inventory of things in 2 copies.
