Renting out a share of an apartment. Rental of shared ownership. Do I have the right to rent out my share of the apartment?

The owner of an apartment has the right to rent it out, that is, to provide possession and (or) use of residential premises owned by him on the basis of a lease agreement (Part 2 of Article 30 of the Housing Code of the Russian Federation).

Reference. Residential rental agreement

Under a rental agreement for residential premises, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it ( clause 1 art. 671 Civil Code of the Russian Federation).

The object of a residential lease agreement may be an isolated residential premises suitable for permanent residence (apartment, residential building, part of an apartment or residential building) (Clause 1, Article 673 of the Civil Code of the Russian Federation).

Step 1. Obtain the consent of the owners of the remaining parts of the apartment

Property that is in shared ownership is used by agreement of all owners, and if agreement is not reached, in the manner established by the court (Clause 1 of Article 247 of the Civil Code of the Russian Federation). That is, part of an apartment that is in shared ownership can be rented out only with the consent of the remaining owners (Clause 1 of Article 246 of the Civil Code of the Russian Federation).

Note!

If one of the co-owners rents out part of the apartment, which is shared ownership, in violation of the requirements of the law, then each of the co-owners can file a lawsuit to declare the transaction invalid and evict the tenant from the room ( Art. 166 of the Civil Code of the Russian Federation).

Therefore, in order for the remaining owners not to challenge the rental agreement for part of the apartment in court, it is necessary to obtain their written consent to rent out part of the apartment.

Note. To be more confident that the remaining owners will not subsequently refuse their consent to rent out part of the apartment, we recommend that it be notarized.

Step 2. Conclude a rental agreement with the employer

An agreement for renting a part of an apartment can be signed in simple written form and must provide for mutual obligations of the parties (clause 1 of Article 674 of the Civil Code of the Russian Federation). It must contain essential conditions, such as the address of the residential premises being leased, the rental period and the amount of payment for the use of part of the apartment. The amount of the fee is established by agreement of the parties (clause 1 of Article 682 of the Civil Code of the Russian Federation).

The contract can be short-term (for a period of up to one year) and long-term (for a period of up to five years). If the contract does not specify a term, the contract is considered to be concluded for five years. A long-term apartment rental agreement must be registered with Rosreestr (clause 2 of article 674, clause 1 of article 683 of the Civil Code of the Russian Federation; part 2 of article 51 of the Law of July 13, 2015 N 218-FZ).

The lease agreement should be accompanied by the consent of the remaining owners, as well as documents confirming your right to the part of the apartment being leased.

Step 3. Sign the acceptance certificate for part of the apartment

As a rule, the acceptance certificate is signed simultaneously with the rental agreement, but by agreement of the parties it can be signed at any time after signing the rental agreement.

The act of acceptance and transfer of part of the apartment must contain a description of the condition of the living space, the property remaining in the apartment, readings of water and light meters, etc.

When signing the acceptance certificate, give the tenant the keys to the apartment (room).

Note!

According to Article 245 of the Civil Code of the Russian Federation, the determination of shares in the right of shared ownership is carried out as follows:

1. If the shares of participants in shared ownership
cannot be determined by law and cannot be established
by agreement of all its participants, the shares are considered equal.

In your case, a two-room apartment is divided in strict accordance with Civil Law into equal parts (shares).

Further, in part two of Article 245 of the Civil Code of the Russian Federation it is stated that by agreement of all participants in the share
property may establish a procedure for determining and changing them
shares depending on the contribution of each of them to the formation and increase
common property.

Therefore, based on the requirements of the Law, you, together with other participants in common property, by concluding an agreement, determine the procedure for changing shares depending on the contribution of each of you to the formation and growth of common property.

In this case, renting out part of the apartment (share) for the purpose of making a profit will be aimed at improving and increasing the share (property, albeit in monetary terms). The law requires this to be done taking into account the opinions of all interested parties - participants in shared ownership.

According to Part 3 of Article 245 of the Civil Code of the Russian Federation, a participant in shared ownership,
carried out at his own expense in compliance with the established procedure
use of common property and inseparable improvements to this property,
has the right to a corresponding increase in its share in the right to the common
property.

Separable Improvements
common property, unless otherwise provided by agreement of the participants
shared ownership, come into the ownership of that of the participants
who produced them.

Thus, the separable improvements (in this case, the profit from renting out one’s share of the apartment) will be the property of the person renting out his share.

Article 246 of the Civil Code of the Russian Federation describes in detail the procedure for disposing of property in shared ownership:

1. The disposal of property in shared ownership is carried out by agreement of all its participants.

2. A participant in shared ownership has the right to
sell, donate, bequeath, pledge your share at your own discretion
or dispose of it in any other way in compliance with its compensation
alienation of the rules provided for in Article 250 of this Code.

Article 250 of the Civil Code of the Russian Federation establishes the pre-emptive right to purchase shared ownership by the remaining participants in shared ownership.

Taking into account the fact that in Civil Law an analogy of legislation is used, then when leasing, the remaining participants in shared ownership also enjoy an advantage.

The ownership, use and disposal of jointly owned property is enshrined in even more detail in Article 253 of the Civil Code of the Russian Federation:

1. Participants in joint ownership, if
not otherwise provided by agreement between them, jointly own and
use common property.

2. Disposal of property located in
joint ownership, carried out by agreement of all participants,
which is assumed regardless of which of the participants is committed
property disposal transaction.

3. Each of the participants in the joint
property has the right to enter into transactions for the disposal of common property,
unless otherwise follows from the agreement of all participants. Perfect by one
of the participants in joint ownership, a transaction related to the disposal
common property, may be declared invalid upon request
remaining participants due to the absence of the participant who committed
transaction, the necessary powers only if it is proven that
the other party to the transaction knew or should have known about it.

4. The rules of this article apply
insofar as for individual species joint ownership
This Code or other laws do not provide otherwise.

As can be seen from Part 3 of this article, in order to avoid any incidents, when leasing a share in an apartment, it is first of all necessary to offer to accept it for rent to other participants in common ownership (taking into account the preemptive right granted to participants in shared ownership by the Law), and only if they refuse to lease, then offer other persons to lease this share of the common property.

If the remaining participants in the common property object to the fact that you will rent out your share, you have the right to go to court and there prove your right to rent out your part of the common property.

The division can be carried out in equal proportions or the common object will be divided between the owners in a different way.

From a legal point of view, it is correct to define the concept not as a share in an apartment, but as a part in the right to it. It is not tied to any specific place in the apartment.

Reference! The law provides for equity participation of co-owners to protect their rights. All owners of common property will know the scope of their powers.

Title documents may determine ownership of ½ part of a two-room apartment, but exactly which room belongs to one or the other of the owners is not determined by the certificate. Participants must independently resolve this issue and reach consensus.

Living space that is in shared ownership is difficult to divide in kind. It consists of residential and non-residential rooms: toilet, bathroom, kitchen, pantry, corridor.

If the co-owners do not find an agreement on the rules of joint ownership of property, then they, or one of them, can go to court to demand a solution to the issue of the procedure for use common real estate(Article 247 of the Civil Code of the Russian Federation).

Article 247 of the Civil Code of the Russian Federation. Possession and use of property in shared ownership

Possession and use of property in shared ownership is carried out by agreement of all its participants, and if agreement is not reached, in the manner established by the court.
A participant in shared ownership has the right to be given for his possession and use a part of the common property commensurate with his share, and if this is not possible, he has the right to demand from other participants who own and use the property falling on his share, appropriate compensation.

Based on established practice, the court will take into account the order of relations between the owners. The judges will consider each person's need for the property and the realistic possibility of each person owning the property. The actual division ordered by the court may not exactly correspond to the amount specified in the title documents.

Is it possible to rent out your part?

If it is impossible to determine and assign a part of the apartment to each participant in the residential property according to his share indicated in the title documents, then some of them will actually receive a smaller part than provided for by the property documents.

Owners who did not receive the full share due to them may demand compensation for the part of their share that was not received according to the distribution from other participants.

A situation may arise that the tenant will occupy a room larger than the size of the part of the landlord's right to living space. Therefore, before concluding a lease agreement for a share in the apartment, the tenant must discuss in writing the division of the size rent between all participants.

In case of non-compliance with the rules of the contract, each of the members of the joint property may initiate the termination of the tenancy agreement.

You will need to pay taxes to the state budget on the amount of income received.

Renting out your share of the right to living space is a troublesome task, but it is doable. The main thing is to be able to convey to the co-owners, through a joint agreement, the benefits they will receive in the future from such a transaction.

City _______________________ "___"______________ 201__

_________________________________________________________________

hereinafter referred to as the “Lessor”, on the one hand, and

______________________________________________________________________

hereinafter referred to as the “Tenant”, on the other hand, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1 The Lessor provides the Tenant with use for a period of 11 (eleven) months from __________ to __________ ____ part (half) of a ___ room apartment with total area ______ sq.m. located at ___________________________________________________

1.2. By agreement of the parties, the contract establishes the rent for the apartment in the amount of ____________________________________________________________ rubles.

1.3. Payment is made in cash

2. Obligations of the parties

2.1. The Lessor undertakes:

provide for rent housing owned by him in a condition suitable for living;
ensure provision utilities;
provide the technical equipment of the apartment in good condition;
provide the Tenant with the opportunity to stay in the apartment for 30 (thirty) days from the date of warning about early termination contracts;
return the deposit to the Tenant in the amount of ________________________________ rubles

upon expiration of the apartment rental period and the tenant fulfills the terms of the agreement in full;

2.2. The tenant undertakes:

use the apartment leased to him under the lease agreement for its intended purpose (only as housing), without the right to sublease;
comply with the rules for the use of residential premises, maintenance of a residential building and local area in the Russian Federation;
promptly inform the Lessor about identified malfunctions of elements of the apartment and house;
eliminate malfunctions of apartment elements, bringing them into compliance with the general requirements for apartment maintenance;
maintain cleanliness, order and silence in the apartment;
provide the Lessor with a photocopy of the passport of the persons specified in this agreement;
do not allow residence of persons who are not parties to this agreement; if the fact of residence is established, the lessor reserves the right to terminate the agreement early with withholding 50% of the cost of the deposit;
pay bills for long-distance (international) telephone calls on time;
pay the Lessor monthly for consumed electricity, according to the meter readings and current tariffs;
pay the Landlord monthly rent, gas fees along with apartment insurance;
make a deposit in the amount of ________________________________________ rubles
water and care for the flowers in the apartment;
pay city phone number ___________________ installed in a rented apartment;
inform the Lessor about early termination of the agreement at least 30 (thirty) days before the date of expected termination of the agreement;

2.3 The tenant is prohibited from keeping animals in the apartment.

3. Rights of the parties

3.1. The lessor has the right:

require the Tenant to comply with the rules for the use of residential premises, maintenance of a residential building and local area in the Russian Federation;
require the Tenant to pay rent on time;
require the Tenant to vacate the premises upon expiration of the lease agreement;
demand order, cleanliness and silence in the apartment.
adjust the rental price in accordance with the current situation in the apartment rental market;

3.1.1. The Lessor has the right to withhold the full value of the deposit if the notice of early termination of the contract was received from the Tenant less than 30 (thirty) days before the date of the expected termination of the contract;

3.2. The tenant has the right:

use the apartment and the property located in it for the entire period

3.3. In case of damage or loss of property located in the apartment, the Tenant undertakes to reimburse the cost of the lost or damaged property;

4. Compensation for damages

The Tenant shall compensate the Lessor for material damage caused as a result of failure to fulfill the obligations provided for in this agreement in the manner prescribed by law.

5. Special conditions.

In the event of gross violations by the Tenant of his obligations stipulated in this agreement, the Lessor has the right to terminate the agreement unilaterally without fulfilling the obligations assumed under this agreement.

6. Final terms.

6.1. This agreement may be terminated at the initiative of either party outside the terms of the agreement and in the manner prescribed by this agreement;

6.2. In the event of termination of the contract at the initiative of the Tenant, the Tenant is obliged to notify the Lessor 30 (thirty) days before the expected date of termination of the contract;

6.3. In the event of termination of the contract at the initiative of the Lessor, the Lessor is obliged to notify the Tenant 30 (thirty) days before the expected date of termination of the contract;

6.4. All disputes related to the implementation of this agreement are considered by the parties through negotiations to reach a common agreement;

6.5. This agreement is drawn up in ___2 (two) copies, one of which is kept by the Lessor, and the second by the Tenant;

6.6. An integral part of this agreement is the “Act of Apartment Delivery” to the Tenant.

6.7. The Agreement comes into force from the moment of its signing;

7. Details of the parties:

Lessor: _______________________________________________

Address: _______________________________________________________

Phones: _____________________________________________________

Passport: _____________________________________________________

Signature:_______________________

Tenant: _______________________________________________

Address: ___________________________________________________

Phones: ________________________________________________

Passport: _________________________________________________

I am familiar with the rules for the use of residential premises, maintenance of a residential building and local area in the Russian Federation:

Signature: _______________________

APARTMENT RENTAL ACT

This act is drawn up in that gr._____________________________

Rent out an apartment with a total area of ________ sq.m.,

located at:__________________________________________

Gr-nu__________________________________________________________ passport:

Issued by _____________________________________

The tenant, Mr. _______________________, undertakes to maintain cleanliness and carefully use the property, consisting of the following items:

Name of items and quantity.

Room: _________________________________________________

Kitchen: _______________________________________________________________

Hallway:______________________________________________________________

Accepted by (tenant):______________________________________________________________

Rented by (lessor): _____________________________________________________

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