How to act correctly to safely rent out an apartment? How to rent out an apartment? Apartment rental tax. Documents for renting an apartment Apartment rental agreement protect yourself

Some citizens own several vacant or temporarily vacant apartments. Wanting to compensate for their costs of paying for utilities, and also trying to get an additional source of income, they rent them out. This is especially often observed in large cities of Russia and, of course, in the capital. Unfortunately, many owners do not know how to properly rent out an apartment, avoid unpleasant sanctions in the form of fines, and at the same time save on tax payments. In this article we will talk about just this. We will also consider what documents you must prepare to rent an apartment in order to protect yourself and your property from dishonest tenants.

Step one: preparing the living space

Before renting out an apartment, you first need to prepare it for new tenants. If repair work has not been carried out on it for a long time, update the wallpaper, ceiling and floor coverings. Thanks to even inexpensive cosmetic repairs, your apartment will look more presentable. This means you can rent it out on more favorable terms. You also need to pay attention to plumbing and electrical repairs. Protect yourself and your future tenant from possible troubles, such as electrical short circuits or flooding of neighbors below.

If you want to profitably rent out an apartment, make it cozy and comfortable to live in. Furnish it and equip it with the necessary household appliances such as a TV, washing machine and refrigerator. You must take your personal, memorable or valuable items, as well as documents from the apartment. After preparatory work, repairs and arrangement, put the documents for the apartment in order. Extinguish everything. If necessary, turn off the landline telephone or long-distance communication.

Step two: finding a landlord

After preparing your home for rent, you can begin searching for a tenant. You can do this yourself or seek help from city real estate agencies (for a fee or even free, they can take on the responsibility of finding clients). Place an ad on specialized websites on the Internet, and also place it in newspapers. As soon as you find a potential tenant, discuss all the nuances with him and come to a consensus, you can begin to prepare the necessary documents. Important: documents can only be signed by the owner - the one who owns the property by right of ownership, or the one who has a power of attorney to rent out the apartment.

Step three: drawing up a rental agreement

How to rent out an apartment? It is necessary to conclude a rental agreement for residential premises with the individual, the future tenant. If your tenant is a legal entity, you will have to enter into a lease agreement. It doesn’t matter for how long you plan to rent out your home: for a year or for one day - you need to draw up a document in any case. It will not be difficult to find samples of standard agreements that spell out the responsibilities of the parties: both the landlord and the tenant. You can use a similar ready-made sample and add those points that you consider necessary. In addition to indicating the subject of the agreement (providing possession and use of free residential premises suitable for living for a fee), delivery dates, amount of rent payment and other important general provisions, you can specify in the document the responsibilities of the tenant, for example:

• ensuring the safety of living quarters;
• maintaining the apartment in proper condition;
• carrying out routine repairs of all breakdowns and malfunctions that arose during the period of use of the premises at your own expense;
• making your own utility bills, etc.

Also, the contract must include the personal signatures of the parties. Important: a rental agreement for a period of less than a year is not subject to state registration. We advise you to have the contract notarized.

Step four: creating an inventory of property

An inventory of the property located in the apartment is integral. This document will ensure the safety and integrity of things transferred for use to the tenant and protect against theft. The inventory is compiled in simple written form. At the same time, it describes all the property (and its condition) that is located in the apartment, and also indicates the passport details and signatures of the parties. The inventory is created in two copies, as is the rental agreement. Be careful: in the process of signing all documents, you should check the correctness of the tenant’s passport data and ask him for a copy of the passport. Now you know how to independently draw up an inventory of property and an apartment rental agreement with the tenant.

Taxes paid by the landlord when renting out housing

Knowing how to properly rent out an apartment, you will protect yourself from serious troubles with the law. Article 23 of the Tax Code of the Russian Federation states that any individual receiving income must pay tax. Systematic rental of an apartment with regular receipt of rent is equivalent to individual entrepreneurship. And in this case, the owner of the apartment will be required to pay tax. Its rate varies from 13% to 30% for taxpayers with different statuses. Those who permanently reside in the Russian Federation, that is, residents, will need to pay a tax of 13%. For individuals living in the Russian Federation for less than 183 days a year, the rate will reach 30%. Apartment rental tax must be paid once a year. At the same time, to calculate the amount of the tax base for the previous year, it is necessary to submit a declaration (3-NDFL) before April 30. It is possible to slightly reduce the amount of payments by registering an individual entrepreneur. In this case, the tax deduction will be 6% of the income received. Choose the most suitable tax method for yourself and submit your return on time.

Illegal rental of an apartment. Taxes and their non-payment

All landlords should know the following. If an apartment is rented out unofficially, the law provides for various penalties. entails a serious fine. It can be 20%-40% of the unpaid amount. Violation of the law may result in criminal liability. For failure to pay the tax authorities an amount of 600 thousand rubles. or more, the court can impose not only a large fine of 300 thousand rubles, but also imprisonment for up to one year. Don’t think that they won’t find out about your illegal business activities. There is always a possibility that your neighbors, for example, dissatisfied with your noisy tenants, will complain to the district police officer or directly to the Federal Tax Service. Therefore, we recommend that you fulfill your tax obligations on time. This way you will protect yourself from possible troubles with the law.

Registration at the place of stay

According to the law, if a tenant rents your residential premises for a period of more than 90 days, he needs to obtain a temporary registration (otherwise known as temporary registration). To do this, he must provide the local FMS office with an identification document, an application in the prescribed form, as well as a rental agreement for residential premises. If temporary registration is not completed on time, not only the tenant, but also the owner of the property faces a fine of 2.5 thousand rubles.

Termination of a residential lease agreement. Is it possible to do this ahead of schedule?

If necessary, the tenancy agreement can be terminated in advance. It is advisable that the conditions for its termination be specified in advance in the text of the document. If such a clause is not provided for in the contract, then it can be terminated on the grounds provided by law. If the tenant is an individual, he can cancel the contract without specifying reasons and vacate the premises by notifying the landlord three months in advance. The owner of the property can terminate a contract that has a term unilaterally only in the event of non-payment of rent or improper use of the residential premises, including deterioration of its condition. If the tenant is a legal entity, the contractual relationship may be terminated early if one of the parties violates its terms. A tenancy agreement that does not have a term can be terminated by notifying the tenant three months before the actual eviction.

Finally

So, when renting out a residential property, you need to take into account many nuances. How to rent out an apartment? First, you need to correctly draw up an agreement, specifying all the obligations of the parties, the rental period, the amount of rent and other important points. This document, certified by a notary, will protect the owner of the residential premises. In addition to the contract, you should also draw up an inventory of the property; it will help keep the landlord’s things in proper condition. It is important to remember that the legal rental of an apartment requires the mandatory payment of tax. Its amount is calculated according to the annually submitted 3-NDFL declaration. Failure to pay taxes can result in serious trouble.

The risk of becoming a victim of fraud when renting a home always exists, regardless of whether the tenant uses the services of a real estate agency or carries out the transaction independently. In this article we will tell you in detail which types of fraud are the most popular and how you need to act to protect yourself.

○ Current fraud schemes:

Apartment scammers are improving their skills every year, so you should be extremely careful both when buying real estate and when renting it. Below we will discuss the most popular fraud schemes that are used most often.

✔ Subletting an apartment.

By law, any tenant has the right to sublease the rented living space. The only condition for this is the consent of the owner. But it is subletting that fraudsters often choose to obtain illegal benefits, when the victim becomes both the tenant, who loses money, and the landlord, whose housing is not used as agreed. The diagram looks like this:

1. The fraudster rents living space on a daily basis.
2. Advertises for rent at below market value.
3. When potential tenants appear, he shows fake documents.
4. Takes a deposit and a monthly payment. Then there are two possible scenarios:
   • The client moves in, but within a day he is evicted by the owner of the property, who is unaware of the long-term lease.
   • They take money from the client and explain that to move in, they need several days to prepare the housing and promise to call. In this case, there may be several victims.

To protect yourself from such developments, you should check the documents extremely carefully and insist on concluding an agreement. Ask for copies of title documents and check the information provided in them with Rosreestr. Do not hesitate to ask as many questions as possible; even the most sophisticated scammer cannot endlessly tell lies.

✔ Repair instead of payment.

In this case, the landlord becomes a victim of fraud, who is persistently asked to make repairs to cover the rent. This is usually motivated by the condition of the bathroom or kitchen. The owner, agreeing with the unpresentable appearance of the apartment and thinking about the possibility of finding tenants more easily in the future, agrees. As a result, the repairs are delayed indefinitely, the landlord sees neither the results of the repairs nor the rent. As a result, he evicts the tenants and, quite possibly, discovers, in addition to undone repairs, a significant deterioration in the condition of the living space.

Landlords can also use a similar scheme. They agree on repairs at the tenant's expense, but as soon as it is completed, they raise the payment several times or simply evict them under a flimsy pretext.
To avoid becoming a victim of this type of fraud, you must enter into a rental agreement. If the parties agree to pay for repairs, this clause must be included in the agreement, detailing who is doing the repairs and what the maximum period for repairs will be.

✔ Obtaining title documents.

In this case, the tenant takes the original title documents under any pretext. As a rule, this is easier to do with elderly owners who are overly gullible. After receiving the documents, the fraudster (usually there are several of them) quickly completes the purchase and sale transaction and disappears with the money received.

The victim in this case is the gullible landlord, who, instead of receiving rent, loses his living space. This version of the scam has a more global scale than making a profit from rent and is classified as an act committed by an organized group of persons.

To avoid such a development of events, you cannot give the original title documents to anyone under any pretext. Even if at the moment you do not have the opportunity to photocopy them, and the tenant offers to do this after reaching the nearest point, you should under no circumstances agree.

✔ Sale of rented housing.

The victim in this scheme, when housing is rented out and is in the process of being sold, is the tenant. In this case, the landlord, as a rule, demands to pay for accommodation several months in advance, forgetting to mention the sales procedure. As a result, the tenant lives for several days or weeks until buyers appear, after which he is safely evicted.

To protect yourself from such developments, it is very important to enter into a lease agreement, which will detail the lease term. Also, any transfer of money must be carried out exclusively with a receipt.

✔ Transaction with an improper person.

The victim of such fraud is the tenant. Therefore, if you are not presented with title documents for the living space, you should be wary. Even if this is explained by the fact that the apartment is registered in the name of an elderly relative or brother who is on a business trip abroad, you should not enter into a deal. Most likely, that same elderly relative or brother who unexpectedly flew home will appear very quickly and ask you to urgently vacate your home.

Therefore, at the slightest refusal to show title documents, you need to think again before handing over money for renting an apartment.

✔ Eviction on flimsy grounds.

Here the victim is the tenant. After he hands over several months' rent in advance, the landlord begins to find reasons to evict him. This could be complaints from neighbors (most likely, far-fetched), damage to property, etc. As a result, after a certain amount of time (before the expiration of the paid period), he is asked to vacate the home. The money received in advance goes towards compensation for moral and material damage.

This can be avoided by drawing up a correct lease agreement, attaching an act of acceptance and transfer of property and an inventory of things.

✔ Change of locks.

The victim of this scheme is the tenant, who is charged several months in advance and given the keys to the property. When he arrives, he discovers that they do not open the lock, and the owner, who received the money, claims that it is the first time he has seen him.

To avoid falling for scammers, enter into an agreement and give money only against a receipt indicating the basis on which the funds are transferred.

✔ Fake agencies.

In this type of fraud scheme, the tenant is the victim. In a fake real estate agency, he is offered to purchase a list of potential landlords, guaranteeing that he will receive a suitable option. The cost of such a list is usually equal to or more than a month's rent. To be more convincing, realtors can set up meetings with non-existent landlords in front of the tenant.

The deception becomes clear when it is not possible to find a single landlord using the purchased list. To avoid becoming a victim of such a scheme, you should not agree to any additional services from real estate agencies. Their duty is to find housing for the client by arranging a meeting with the owner of the apartment, and any other offers should cause caution.

✔ The apartment is pledged to the bank.

Here, too, the victim is a tenant who moves into an apartment that is secured by a bank due to debts or a mortgage loan. In such a case, the bank's permission to rent is required, and if it is not available (in cases of fraud), then the tenant can be evicted by bailiffs. You can return the money paid for rent only if you have a rental agreement and a receipt for the transferred finances.

Where to find suitable apartments for rent

There are several common options for finding an apartment to rent to live in under a rental agreement. Each apartment search option has its own advantages and disadvantages. Let's try to consider each of them.

The first option is to search for housing through friends and relatives. An obvious plus is that the price of an apartment for rent from friends may be lower than on the housing rental market. A significant disadvantage of this option for renting an apartment is that if the owners of the apartment decide to increase the price or, conversely, residents have difficulties paying for the apartment for rent, then both The parties risk damaging their relations with each other for a long time.

The second option is to independently search for an apartment and rent. You just need to pick up a popular newspaper with advertisements for housing for rent and be patient. But, firstly, you will spend a lot of time and effort searching for a suitable apartment for rent. And secondly, even if you achieve the desired result and rent an apartment, you do not have any rights or guarantees in the event of controversial issues with the owner of the apartment for rent, because, unfortunately, very few participants in the residential rental market are ready to officially conclude a deal for renting an apartment. Since the legal registration of renting an apartment entails the payment of taxes by both the lessor and the tenant. Most of the apartment rental transactions in Moscow are not processed properly precisely because no one wants to meet with the tax authorities. And completely in vain. This reluctance to meet with tax authorities is precisely what scammers and swindlers take advantage of.

Working with a “black broker” is the third option for finding an apartment for rent. "Black brokers" work alone, without licenses, with a limited amount of information. Therefore, you will be persuaded to quickly agree to any options. Motivating the rush with a unique opportunity to rent an apartment cheaply and for a long time from an owner going abroad. In addition, “black brokers” often work with troubled tenants and apartments with dubious documents. In this case, you may find yourself in an unpleasant situation, left without money and without a roof over your head.

It must be said that the apartment rental options described above are quite a risky undertaking. Frivolity, haste, the desire to save money and “not overpay”, and hope for our Russian chance, first of all, play into the hands of swindlers. Although it is well known that the more transparent the deal, the less chance one side has to profit at the expense of the other.

The best option for finding an apartment to live in under a rental agreement is to work with real estate agencies. But, of course, agency differs from agency to agency. Recently, there have been more and more frequent reports in the media about fly-by-night agencies that promise to “urgently” rent out an apartment at “low” prices. Having arrived at such an agency, you will have to immediately pay for a printout with the addresses of the apartments for rent. This is where your cooperation with this company will most likely end. You will not be able to reach the owners using the telephone numbers indicated on the printout. A distinctive feature of such companies is that before they take money from you, they will most likely enter into an information support agreement with you. This agreement will serve as a reliable cover for the company in the event of any complaints on your part: the information was provided to you and it does not matter that its reliability left much to be desired.

In this case, it is better not to skimp on the services of realtors and contact reputable, reputable agencies. In reputable real estate agencies, all work on finding premises for rent is carried out by experts with extensive experience in selecting suitable options. All offers are carefully checked, weeding out unreliable and dubious ones. In addition, with the help of experts, you can determine the real market price of the apartment you like. Therefore, there is an opportunity not to overpay for it. Real estate agencies have an extensive database containing information on both inexpensive apartments and luxury ones, including country houses and cottages.

As a rule, large real estate agencies recommend that their clients, both landlords and tenants, conduct all transactions officially. The conclusion of all necessary agreements (agreement agreement, lease agreement, agreement with a real estate agency, insurance agreement between the tenant and the landlord) will maximally protect participants in the residential rental market from the occurrence of unpleasant situations. And when such situations arise, the agency always helps the injured party.

At what price to rent an apartment?

With rising prices in the capital's housing market, rental rates have crept up and today are almost equal to pre-crisis levels. According to the MIAN Real Estate Agency, one-room apartments for rent are the most popular. Currently, the range of prices for typical one-room apartments in various areas of Moscow ranges from $250 to $500. In the city center the cost can rise to $1,500. Such a big difference in price is due to the location of the house, its type and layout, distance from the metro, availability of a telephone, furniture, etc.

In addition, the cost depends on the period of hire. The longer the rental period for the apartment, the lower the price. The cost of an apartment is also significantly reduced when you prepay several months in advance.

Finally, you should consider the supply of similar types of properties in the area. As a rule, apartments and cottages with an improved layout compared to similar apartments and cottages in the same area will cost significantly more than if they were located in the same area as standard properties.

When choosing an apartment, it is also necessary to take into account seasonal fluctuations in real estate prices. Typically, prices are at their highest from September to April as supply decreases markedly and demand increases. From May to August, on the contrary, there are many people who want to rent out housing, as a rule, from among those who live in the country, go on vacation, etc., and prices, accordingly, are minimal.

How to protect yourself as much as possible when renting an apartment.

• 1. Avoid rushing into hiring decisions.
• 2. Having looked at an apartment, do not be lazy, ask your neighbors what the owners of the apartment you have chosen are like.
• 3. Avoid subletting. Try to rent housing only from direct owners. Check the documents certifying the landlord's rights to the apartment.
• 4. Document all relations with the owner of the apartment in the form of an agreement. Agree to a verbal agreement only if the owners are your close friends or relatives.
• 5. Avoid dealing with black brokers. This communication will bring you nothing but disappointment and trouble.
• 6. It is best to look for an apartment with the help of a real estate agency that has the appropriate licenses and has been working in the real estate market for several years.

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

Check the documents for the apartment

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

For example, says Maria Baskova, head of the rental department of the ABC Zhilya company, in rental relations there is such a thing as subleasing of housing - when the tenant rents out the apartment to third parties, of course, without informing the owner. According to the agency's interlocutor, in this case the fraudster rents an apartment by the day, say, for seven days. During this time, he manages to resell it to several employers at a price significantly lower than the market price, but, having received an advance payment for several months, goes into hiding. Failed apartment tenants are left without money and without housing.

The means of “self-defense” in this case are quite banal and simple. In order not to fall for a scammer, before paying money, make sure that the apartment belongs to the owner, insists Vadim Cherdantsev, senior lawyer of the Land. Real Estate. Construction practice of the Cliff law firm. "Such information can be obtained on the basis of an extract from the Unified State Register of Rights to Real Estate. To obtain it, you need to submit a corresponding request to the territorial division of the Office of the Federal Service for State Registration, Cadastre and Cartography or (Rosreestr), pay 200 rubles of state duty and wait only 5 days. In Moscow, you can also contact a multifunctional center; any citizen can request an extract,” explains the lawyer.

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

How to properly draw up a rental agreement. Advice >>>

Specify the rental period in the contract

“In the spring-summer period, with the appearance of seasonal apartments on the rental market, there are owners who give out the rental of their seasonal apartment for an apartment that is rented for a long time. As a result, the tenant is forced, after a few months, to look for housing again and move,” leads Baskov is another example of a tenant being deceived.

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

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

Don't go to view an apartment alone

Be friendly, but keep your distance from the owner

As for the behavior of the employer, according to Baskova, there is no need to invent anything or specially adapt to the landlord, the main thing is to be calm and friendly. “Never react violently to possible changes in the price or rental terms; if you structure the conversation correctly and calmly, the result, as a rule, will be in your favor,” Baskova is convinced.

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

How to formalize a transaction for renting an apartment with the least loss for the nervous system?

To rent out your apartment, you can contact a real estate agency, or you can find tenants yourself and conclude a rental agreement with them. Realtors will do all the work for you, but, of course, you will have to pay for their services.
If you decide to do it on your own, the first step is to look for future tenants. You can, for example, advertise in local newspapers or post flyers on special bulletin boards.
When you find tenants, discuss all the conditions with them and draw up a rental agreement for the apartment. It is this document that will regulate your future relations, that is, the relationship between the landlord (this is you) and the tenant (this is your tenant).

• § Clause 2 Art. 30 Housing Code of the Russian Federation

• § Art. 671 Civil Code of the Russian Federation

Such an agreement is drawn up in free form. You can type it on your computer or just write it by hand. There is no need to register the paper anywhere. It is also not necessary to go to a notary, it is at your discretion. That is, there are no complicated procedures. You only need to prepare 2 written copies of the agreement, one for the landlord, the other for the tenant.
The text must necessarily contain the full names and passport details of the parties, the address of the apartment, and an indication of documents confirming the ownership of the landlord.
We advise you to enter into a short-term contract for a period of up to 1 year. This is the most convenient option. If the employers are completely satisfied with you, you can renew the contract. Also, be sure to indicate the terms of payment: what amount, within what period the tenant must pay. Decide who will pay for utilities, you or your employer.

When drawing up an agreement, try to provide for all possible conflicts. It might be worth specifying how often you will come to the apartment to check its condition or, for example, indicate whether residents can have pets in your apartment.
Also indicate in the contract the sanctions that will be applied to the violator in case of failure to comply with the conditions. We advise you to make a list of the property that remains in the apartment (furniture, appliances, etc.) and describe its condition. This can be documented in the apartment transfer and acceptance certificate, which is attached to the contract. Or you can include such information in the contract itself.
Once the document is signed, you can let residents in. If employers do not comply with the points specified in the contract, go to court.
Please also note that you, as a landlord, are required to pay personal income tax. Be honest with the law. Then you can avoid a number of problems, including complaints from envious ill-wishers.