Documents for renting an apartment. What documents are needed to rent an apartment. A detailed overview of the necessary documents for the tenant and landlord, their characteristics and the procedure for filling them out. Viewing for a fee

In our modern, dynamic world, renting residential premises has long become a common practice. Any procedure of this kind requires proper documentation and execution. The material in this article will help you understand the main features of an apartment rental agreement and the list of documents required for this procedure.

First, you need to understand the conceptual side of the issue. According to the Civil Code of the Russian Federation, an apartment rental agreement is concluded if the tenant is a legal entity (Chapter 34 of the Civil Code of the Russian Federation). If an apartment is rented out for use to an individual for a fee, then in this case an agreement on the rental of residential premises must be concluded (Chapter 35 of the Civil Code of the Russian Federation). As we see, in these situations, the contract is concluded with different entities, which is regulated by separate chapters of legislation. Therefore, it is necessary to clearly distinguish between these two terms and, if necessary, draw up the required type of contract.

To conclude a lease or lease agreement, the landlord/tenant, for his part, must provide the following list of documents:

passport or other document capable of verifying the identity of the tenant/landlord;
documents that prove the ownership rights of the landlord/tenant to this living space (this category includes a certificate of ownership of residential premises, of inheritance, of privatization, a legally certified contract of sale and purchase, of the division of inherited property, of lifelong maintenance, deed of gift, judicial decision on recognition of property rights, settlement agreement, etc.);
extract from the Unified State Register;
registration certificate of the residential premises;
a document confirming that there is no debt to pay for utilities;
if for any reason the agreement is not concluded by the owner of the apartment, it is necessary to have a notarized document - a power of attorney, in which, among the powers of the authorized person, the right to sign such documents is recorded;
if there are several owners, it is necessary to have a notarized consent of all owners of the residential premises or their authorized representatives;
if the owner of the property is a subject whose age has not reached 18 years (the age of majority), it is mandatory to have special permitting documents from the relevant trusteeship and guardianship authorities.

List of additional documentation for a sublease agreement

In addition to the actual rental, there is such a form of renting out an apartment as subletting. In this case, the tenant has the right to transfer housing for use to third parties. That is, the employer acts as a lessor. If an agreement on sublease of living space is concluded, the following additional documents are required:

documents confirming the right of the employer to enter into a sublease agreement (as a rule, this is stated in the main rental agreement);
original and duplicate of the employment agreement;
consent in writing from persons living in the apartment according to the rental agreement (if any).

List of documents from the tenant/tenant

For organizations and individual entrepreneurs, the list of required documents is different.

List of required documents for organizations created in the form of a joint stock company or limited liability company:

a notarized document (power of attorney) confirming the right of an authorized legal entity to enter into such agreements on behalf of this legal entity;
passport of an authorized legal entity;
original or notarized copy of documents that confirm the legal capacity of the legal entity (charter of the organization, the current version of the charter, decision on the appointment/election of a manager, as well as the following certificates: on state registration of the legal entity, on making an appropriate entry in the Unified State Register of Legal Entities, on registration for tax reporting);
necessary financial details of a legal entity;

All copies of title documents must contain the tenant's seal and the signature of his manager.

List of required documentation for an individual entrepreneur:

document confirming the identity of the tenant (passport);
notarized copies of certificates that confirm the legal capacity of the tenant (on state registration of an individual as an individual entrepreneur, issued by the registration authority of the Federal Tax Service of the Russian Federation; on his registration with tax authorities);
extract from the Unified State Register of Individual Entrepreneurs;
bank details with a stamp (if available) and signature of the individual entrepreneur.

The advantages of renting out an apartment to legal entities include:

as a rule, higher payment reliability;
the location of the legal entity is obviously established and known;
Collection of hypothetical debt and/or damage caused to the apartment is easier.

List of necessary documentation for renting housing by an individual:

passport or other document capable of verifying the identity of the employer (both a copy and the original);
a photocopy of the passport(s) or birth certificates of all citizens who intend to live in the rented apartment;
employer contact information.

Registration of an apartment rental agreement

The Civil Code of the Russian Federation establishes that the lease/lease agreement for an apartment must be concluded in writing. Very often (this mainly concerns hiring) landlords make a big mistake by renting out an apartment only by verbal agreement. This approach makes the renter extremely vulnerable because... in this case, it will be very problematic to collect the debt from the unscrupulous tenant or force compensation for damage.

Mandatory clauses of the lease agreement:

a description of the residential premises that are for rent (if only one room is rented, then a plan for its location in the apartment must be attached);
actual address of the residential premises;
rental period of the dwelling (if the terms are not specified, then the lease is considered indefinite, and the lease is considered to be concluded for a maximum period of five years);
the amount of monthly rental payments, an indication of the timing of a possible revision of the amount paid;
information about the owner(s) of the apartment;
conditions for termination/early termination of the agreement;
indication of the terms of delivery of the apartment after termination of the contract;
fixation of the rights and obligations of the subjects of the transaction;
procedure and terms of payment for housing and communal services;
listing of persons intending to live in the rented apartment;
inventory of property transferred for use to the tenant/tenant;
indication of passport data and details of both parties.

The tenant/tenant has the right of first refusal to re-sign the agreement for the next term if he strictly complies with the terms of the agreement, accepts the clauses of the proposed transaction and if he knowingly, before the end of the current agreement, notified the lessor of his intentions

According to the norms of existing legislation, apartment rental agreements are subject to mandatory state registration if they were concluded for a period of one year or more. The transaction acquires the status of being concluded from the date of state registration.

State registration is not provided for a rental agreement.

Documents to be submitted for registration of an apartment lease agreement:

passports and copies;
original and copy of the cadastral and technical passport of the apartment, certified by the authority that issued this documentation;
order of the executive authorities regarding the transfer of an apartment for rent to a legal entity.

Registration documents for legal entities:

constituent documentation;
documents confirming the entry of information of legal entities into the Unified State Register of Legal Entities;
documents and copies indicating that a legal entity is registered as a taxpayer, indicating its TIN (i.e. taxpayer identification number).

The state fee for registering a lease agreement is charged from legal entities in the amount of 15 thousand rubles. After submitting all the necessary documentation, registration is completed within about a month.

Concluding a rental agreement for housing and registering it is a serious procedure that must be approached carefully and responsibly. In order not to run into “blank spots” in this matter and to avoid unnecessary misunderstandings, and possibly conflict, between the parties to the agreement, it would be quite appropriate to seek advice from qualified specialists (a lawyer or a realtor). They will be able to help you get around the “sharp corners” and draw up a competent agreement.

Distinctive features of an apartment lease agreement:

concluded with legal entities;
the tenant can use the apartment exclusively as residential premises;
the maximum term of imprisonment is unlimited;
The lease, at the initiative of the lessor, can be terminated prematurely out of court on the grounds provided for in the contract.

Distinctive features of a tenancy agreement:

concluded with individuals;
does not require state registration;
maximum term of imprisonment - 5 years;
tenancy at the initiative of the lessor can be terminated prematurely only in accordance with judicial procedure on limited grounds;

Video

If you choose an apartment yourself

When searching for an apartment through a specialized classifieds website or groups on social networks, you run the risk of encountering scammers. To avoid falling for their tricks, you need to pay attention to several important points.

1. Average cost of renting an apartment according to your criteria

Ads that are too “sweet” are often fake. Spacious with modern renovation in the very center of the city, a minute’s walk from the metro and for pennies? A very dubious proposal.

2. Please transfer the prepayment to the card

This point often follows from the previous one. You call an ad you like, they tell you that there are so many people interested, and then they ask you to transfer at least a few thousand so that the apartment remains yours. Don't be fooled by this: you just talked to a scammer.

Never transfer money to strangers as a deposit without a personal meeting.

3. Authenticity of photographs of the apartment

To ensure the accuracy of the information from the ad, check the photographs of the apartment for authenticity. This can be done, for example, through Google image search.

If the same apartment is posted on several housing rental sites, it’s not a big deal. It’s another matter when photographs circulate on the Internet, and the description, apartment address and contact person change radically from time to time.

4. Lack of photographs of the apartment

Ads without photos look at least strange. In most cases, this means that there is something wrong with the apartment or that such living space does not exist at all.

5. Ad frequency

It happens that the same advertisement for renting an apartment appears and disappears with enviable frequency. Two weeks ago the apartment was rented out, then it was rented, and a month later it is still up and running again. And so on in a circle.

Of course, the problem may not be with the owner, but with the tenants. Well, a person is unlucky when it comes to tenants, and that’s all. However, the frequently flashing advertisements are alarming.

6. Contact person

Who deals with the issue of apartments for rent? The owner himself or the realtor? If you don't want to pay a commission equal to half or even the entire monthly payment, then realtor ads are not for you.

If you contact a realtor

Realtors can make your life easier and help you find your dream apartment. Or they can fray your nerves, empty your wallet, or waste your time. This is when you should be wary.

1. The realtor cannot name the company where he is currently an employee or where he worked before

If a realtor claims to be on staff of an agency, you can contact the company directly and clarify this.

If the realtor is a private entrepreneur, in any case he should tell you at least a few companies in which he worked before. If you have difficulty with this, you may have a scammer in front of you.

2. The realtor is not interested in who will live in the apartment and in what composition

Almost every owner has at least an approximate idea of who he sees as a tenant, and notifies the realtor about this. If during a conversation you are not asked about the number of residents, the presence of animals and permanent work, this is a warning sign.

3. The realtor is not an expert in his field.

It’s hard to imagine that a realtor doesn’t know how to write a receipt for money or fill out a rental agreement. And if he still doesn’t know, then this is not a realtor.

4. You are asked to pay a commission before concluding a contract

The realtor receives a commission only after the transaction is concluded. If you are required to pay in advance, do not give in and do not transfer funds.

5. The realtor deals with only one apartment

Typically, a realtor has several properties in the works. It is suspicious when a specialist devotes all his time to only one apartment. Try typing the phone number into the search bar of your browser and see how many ads you get.

6. The realtor introduces himself as an employee of a news agency

You are offered to come to the office, sign an agreement and gain access to the database of owners after paying a commission.

The realtor will not go with you to inspect the apartment and meet with the owner, and even if you can get through to anyone from the received database, after a preliminary agreement on the meeting, the landlord will cancel everything at the last moment.

In this case, it will not be possible to return the money, because you signed an agreement on the provision of information services. To achieve justice, you can contact lawyers and try to file an application in court. However, no one guarantees you a successful outcome. Therefore, carefully study all the documents on which you sign.

Stage 2. First contact with the owner

You have chosen the ideal option, in your opinion, and to celebrate, call to arrange a meeting. First, make sure you are actually talking to the owner and not a realtor or anyone else. Even if the ad indicated that the apartment was for direct rent.

Ask your landlord a few questions. For example, where the windows of the apartment face or what floor it is on.

If a person hesitates, perhaps he is trying to deceive you. The owner will answer such questions without delay.

If you feel that everything is in order, go through the information provided in the ad: check the cost, the need for a deposit and the last month's payment. Find out how long the apartment is being rented out, and whether it really is a 10-minute walk to the metro, not 30. In general, talk through all the nuances that are important to you.

Stage 3. Inspection of housing

Evaluate the entrance. Its condition can say a lot about the residents of the house - your potential neighbors.
Try visiting your neighbors and asking who lived in the apartment before you. It is advisable to do this together with the owner: if the residents of neighboring apartments are not new residents, then they will recognize your landlord, and you will once again be convinced that he is the owner.
Carefully inspect the bathroom, especially the plumbing. If a faucet is leaking, it is worth pointing this out to the owner immediately.
Check the condition of the furniture and assess its wear.
Pay attention to the location of the outlets. You may need to rearrange your furniture.
If you have animals, check to see if the previous tenants had a cat or dog.
Take the time to turn on all the appliances and appliances you plan to use.
Check all switches in the apartment.
Ask about internet availability.
Check the locks so you don't have to wait outside the door until they let you in. If there are several locks, but you are given the key to only one, find out the reason. The owner may say that the lock has been broken for a long time and has not been used. You should insist on replacement or repair and ask for a complete set of keys.
Make sure the seals on the meters are intact.
Check the condition of your balcony doors and windows if you don’t want to freeze in winter.
Evaluate throughout the apartment.

If none of the above in the apartment bothers you, you can proceed to drawing up an agreement.

Stage 4. Conclusion of an agreement

What owner documents need to be checked?

If the apartment has one owner

When concluding a rental agreement, ask the owner to show you:

passport;
certificate of ownership or extract from the Unified State Register of Real Estate.

You need to make sure that the apartment belongs to the person who introduced himself as the owner of the apartment.

One of the most common types of fraud on the market is renting out someone else's apartment. Housing can be rented out by a certain “friend” of the owner of the apartment, who settled in it for just a couple of days.

Arthur Ustimov, founder and general director of the housing rental management service “Arendatika”

If you haven’t checked your property documents, you risk not only losing money, but also being left on the street.

If there are several owners

In addition to your passport and certificate of ownership, you need to obtain written consent to rent out the apartment from all owners, as well as from those registered in the apartment.

If a distant relative is registered in the apartment, he can come to your rented home and stay there. In this case, the lease agreement will be valid, but no one can prohibit the person registered in the apartment from living there.

If the apartment is owned by spouses

First you need to figure out whether the apartment is in joint or shared ownership.

Ivashchenko Srbui Sargisovna, leading lawyer of the European Legal Service

To be on the safe side, you can find out about the existence of a marriage contract and read its terms. If the apartment belongs to one of the spouses, then the consent of the other is not required. If it is jointly owned, you will need to obtain the consent of each owner.

What to pay attention to when drawing up a contract

A rental agreement is a document that will help you avoid unnecessary conflicts, so it is very important to draw it up responsibly. Life hacker has already told how, so we will focus only on the most important points.

Mandatory data

The subject of the agreement is an apartment. You must provide the full address, area and number of rooms.
The parties to the agreement are the owner of the property (or his representative with a notarized power of attorney) and the tenant.
Passport details and information about the place of registration - both the owner of the apartment and the tenant.

Duration of the contract and payment procedure

Indicate the duration of the contract and the period during which you are obliged to pay the rent. Please note the sanctions for violating the payment procedure. For example, you may have a week's period to pay off the debt, after which the owner has full rights to take you out of the apartment.

The fact of payment must be recorded: when paying in cash, ask for a receipt from the owner, and when transferring to a card, ask for a bank statement.

The purpose of payment must contain a link to your agreement. For example: payment under rental agreement No. 1 dated January 1, 2018 for June 2018.

In addition, the contract must indicate the amount that you transferred to the owner upon check-in. This may include payment for the first and last month of residence, as well as a security deposit - a guarantee that if the tenant causes damage to the property, the apartment owner will receive financial compensation.

The owner may retain the entire amount of the security deposit or part of it, depending on the extent of the damage caused. If, upon inspection of the apartment, everything is in order, the security deposit will be returned in full to the tenant. A deposit amount that is comfortable for each party is agreed upon at the conclusion of the contract.

Eviction procedure

Particular attention should be paid to the rules for eviction from an apartment. They should be comfortable for each side.

Sometimes contracts indicate that the tenant is given only a couple of days to move out and find a new apartment. And some leases even provide for penalties if the tenant stays for less than a certain period of time.
Arthur Ustimov, founder and general director of the housing rental management service “Arendatika”

Frequency of owner visits

Frequent unexpected visits from the owner bring little joy. However, you cannot prohibit him from visiting your own apartment. Discuss the frequency of visits that is comfortable for both of you, specify how much time the owner should notify you, and record the agreements in a document.

Communication channels

The contract must indicate the email addresses or telephone numbers of both parties, depending on the chosen communication channel. It’s better to do both, just to be sure.

Do not delete correspondence with the landlord so that you can refer to her in case of disagreement.

Inventory of valuables and meter readings

The act of acceptance and transfer of the apartment, which is attached to the contract, must include an inventory of valuables. If you paid a security deposit upon check-in, there is a risk of not getting it back. You must check the entire apartment. And the more carefully, the better. You already know what points to focus on when inspecting an apartment.

The safest thing to do would be to take photographs of all detected defects so that they are not attributed to you when you leave. And photographs can be printed and attached to the act.

It is mandatory that the act must record the readings of individual water and electricity meters at the time of check-in.

Repairs and planned changes in the apartment

Make a list of the changes you plan to make to the property, as well as the equipment or furniture you plan to purchase. Agree on the maximum amount and decide how payment will be made: only by the owner, by you, or 50/50.

It is recommended to stipulate conditions for inseparable and separable improvements in the contract in advance or draw up an additional agreement later. In this case, it is advisable to make a clause in the contract that things are returned to the owner, taking into account natural wear and tear.
Arthur Ustimov, founder and general director of the housing rental management service “Arendatika”

Indicate in the contract who pays for breakdowns of household appliances. Unfortunately, during the initial inspection you will not be able to be 100% sure of the absolute serviceability of the devices, and it can be difficult to prove that the breakdown occurred due to natural wear and tear and not due to improper operation.

If you notice that the device is on its last legs, point this out to the owner and inspect it together, and then record the agreements in a document. Otherwise, if a breakdown does occur, you may need the expertise of a professional to prove that you were not responsible for the malfunction.

Living in the apartment

Don’t forget to indicate in the contract those who will live in the apartment with you. And also let me know if you have . You should not lie about such things: with a high probability you will be caught in a lie, and the consequences will be very sad.

In what cases should you refuse to rent?

The most alarming signal is the refusal to provide ownership documents. There is a high probability that not everything is in order with the apartment.

An apartment whose owner is too worried about his property can also become problematic. Such owners may come to you too often to check the safety of their property, which, naturally, will cause you discomfort.
Arthur Ustimov, founder and general director of the housing rental management service “Arendatika”

It is worth paying attention to the behavior of the owner. Excessive nervousness is alarming, as is unreasonable haste when concluding a contract. If you are asked to sign documents as quickly as possible, and are not allowed to check the serviceability of household appliances and record defects, then this is another bell.

Take your time, carefully study the contract, ask questions and discuss problematic issues. Check everything that is necessary. It is important for you that it is comfortable to live in the apartment, and that all difficulties are kept to a minimum. The owner wants his living space to remain in proper condition, and also does not want to be a participant in regular construction. You evaluate each other - that's normal. And in this case, it is correct to allow enough time for the process of paperwork and inspection of the apartment.

When you decide to rent out an apartment or rent a home, you should carefully study all the intricacies of the procedure so that later there are no problems with the legal component of the transaction.

In this article, we will describe in detail what documents each participant in a rental 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 governed by separate codes.

"1. Under a residential lease agreement, 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.
2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease 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 rental agreement can be concluded with an individual. In this case, the parties to the agreement are the landlord (the owner of the residential premises or his authorized representative) and the tenant.

Residential premises may be provided under a lease agreement if one of the parties to 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 lessor:

The lessor can be either an individual or a legal entity. In each case, the package of documents that must be provided to conclude a transaction is different.

✔ If the lessor is an individual.

When residential premises are rented out by a citizen, he must provide:

Passport.
A document certifying the right to own the living space (certificate of ownership, purchase and sale agreement or certificate of inheritance).
Certificate of absence of debt for utility bills (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, notarized from the guardian, if the lessor is a minor or declared incompetent.
A certified power of attorney, if the agreement is not concluded by the owner of the property.

When concluding an agreement, the lessor is required to:

Acceptance and delivery certificate - this document will be the basis for the absence of legal disputes after the end of the agreement. It consists of recording the actual state of the object of the transaction, drawn up in two copies, signed by each participant in the transaction.
The property inventory is an appendix to the act and contains a description of the exact number of things leased along with the premises (also signed by both parties to the transaction).
Receipt for receipt of funds for renting premises (drawn up in free form, signed by each party).

✔ If the landlord is an individual entrepreneur.

In this case, the person renting the living space must provide:

Passport.
A document certifying the right to rent out real estate (certificate of ownership, primary lease agreement or purchase and sale agreement).
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 Unified State Register of Individual Entrepreneurs (original document, date of issue no 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 (a copy certified by the seal and signature of the individual entrepreneur indicating the contacts of the person responsible).

Also, when concluding a transaction, you should prepare:

Certificate 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 located on the living space that are transferred for temporary use with a mandatory indication of their quantity (2 copies, signatures of the parties and the seal of the individual entrepreneur).
Receipt – serving as evidence of the individual entrepreneur’s receipt of financial resources for rent in the specified amount (drawn up in a free form and signed by the parties).

✔ If the lessor is LLC.

When living space is leased by a legal entity, regardless of the legal form, the lessor must prepare:

Document of title for the property being rented out (primary lease/rental agreement, certificate of ownership).
Certificate of absence of arrears in payment of utility services (for this you need to take an extract from Rosreestr or the Criminal Code).
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 (a 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 a legal entity (a copy certified by the seal of the LLC and the signature of its director).
The current version of the Charter (a copy certified by a notary or the Federal Tax Service).
Foundation agreement (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 only one founder, then the decision) on the appointment of the head of the LLC (a copy certified by the seal of the LLC and the signature of the director).
Certificate of entry of information about the manager into the Unified State Register of Legal Entities (notarized copy).
Order on the head's assumption of office (a copy certified by the seal of the public organization 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 manager).
License for the right to carry out activities, if necessary, a copy certified by a notary.
Power of attorney, if a transaction is concluded by a person not authorized for such actions by the organization’s Charter (the original document is certified by the head), the power of attorney must 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 indicating his contact phone number.
Order on the appointment of a person responsible for electrical equipment and fire safety (copies certified by the seal of the LLC and the signature of the manager) indicating the contacts of the appointed person.

When concluding a transaction, you must also prepare:

Acceptance certificate for 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 notes on arrival in the country or a residence permit. Sailors and military personnel must provide a sailor's passport or military ID, respectively.

○ Documents for a sublease agreement.

A sublease agreement involves the rental of living space by the tenant.

“Under a residential sublease agreement, the tenant, with the consent of the landlord, transfers for a period of time part or all of the premises he has rented for the use of the subtenant. The subtenant does not acquire independent rights to use the residential premises. The tenant remains responsible to the landlord under the residential lease agreement (Clause 1 of Article 685 of the Civil Code of the Russian Federation).”

When concluding a sublease agreement, it is imperative that the housing area complies with the legislation (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 identification document (passport for individuals and registration certificate for legal entities). On the part of the employer - a valid passport.

It is also necessary to draw up an acceptance certificate for the premises and an inventory of things in 2 copies.

Before answering the question “How to officially rent out an apartment,” we suggest you first answer another one.

Why should I officially rent out my apartment?

We will not appeal to your conscience and tell you that breaking the law is not good. Instead, let’s outline the main risks faced by a person who illegally rents out his property:

Scam. If you rent out housing illegally, you may end up with people in your apartment that are completely different from the ones you originally rented out the apartment to. Or, worse, you may even lose your home;
Unexpected expenses. If you do not determine in advance the procedure for paying all expenses (utilities, telephone, etc.), then it will not be easy, for example, to get money from the employer to pay for his telephone conversations with relatives from a distant but native city;
Damage to property. Without a contract, how can you then prove that before the tenant arrived, there was another TV in the apartment, there were not 4, but 5 shades on the chandelier, and there were no stains on the carpet?
Problems with law. The current legislation does not provide for liability for “renting out an apartment without a contract,” however, there are rules providing for liability for failure to submit a tax return ( Art. 119 Tax Code of the Russian Federation) and non-payment of taxes. Moreover, we draw your attention to the fact that for non-payment of taxes there is a fine ( Art. 119 Tax Code of the Russian Federation), and criminal liability ( Art. 198 of the Criminal Code of the Russian Federation).

We hope that you are now inclined to rent out apartments legally.

But before you start offering your apartment to your friends or posting ads on the Internet, we advise you to familiarize yourself with some regulatory documents and make certain calculations.

Analysis of income, expenses and taxes

Income

Everyone wants to earn income from their activities, rent is no exception. In order to determine potential income, you can look at similar rental offers: apartments in your area are in approximately the same condition, for example, using our .

Taxes

So, the amount of income is approximately clear, now let’s decide on expenses: , and property (if you see fit), and of course, . As for taxes, to get a complete picture we can suggest you read the articles on this topic on our portal. Here we simply note that when renting an apartment there is several tax options, so it’s quite possible to choose the best option for yourself:

Individual paying;
Individual entrepreneur under the general taxation regime (payment of personal income tax);
- Ch. 26.2 Tax Code of the Russian Federation;
Individual entrepreneur using - Ch. 26.5 Tax Code of the Russian Federation.

For simplicity and clarity, you can use the one we prepared by entering the data that is relevant to you.

As you can see, in terms of taxation, more choice is provided to individual entrepreneurs. More detailed information about the features of renting an apartment for individuals and individual entrepreneurs can be found in our article .

Relations with tax authorities

After receiving payment under the rental/lease agreement, you become obligated to pay tax. It is necessary not only to pay the amount itself, but also to submit it to the tax authorities documentation, confirming that this amount has been calculated correctly.

Tax return forms are approved Ministry of Finance of the Russian Federation. Tax authorities may also require you to provide the agreement itself and documents confirming receipt of payment.

Neither an individual nor, in some cases, even an individual entrepreneur is required to keep “full” accounting records like legal entities. But there are still accounting requirements. For example, individual entrepreneurs using the Simplified Taxation System are required to keep a book of income and expenses ( 346.24 Tax Code of the Russian Federation). In any case, the fact of receipt of payment must be recorded with a receipt or bank account statement if payment is made by bank transfer.

To avoid this being a problem, you can always use our services:

for individuals and

Not only harm, but also benefit

By renting out real estate legally and paying taxes on it, you not only incur the costs of the taxes themselves, but also... get the opportunity to get out of a completely different zone of risks that arise with “black rent”, when in a conflict situation you cannot go to the police or court. Appeal to laws and their violation.

Renting legally, you are not afraid of threats from the tenant that he will report to the Federal Tax Service that responsibility for the fact that 40 illegal immigrants live in the apartment will be placed on you, and not on the responsible tenant, that in the event of damage to your property or belongings your neighbors, you will be able to resolve this issue through the courts, etc.

In addition to indirect situations, there are also direct benefits from the formalization of rental relations. So, for example, in certain situations you can apply for or tax breaks on real estate used in commercial activities.

other expenses

Now that we have dealt with taxes, these are not the only costs. Which is worth evaluating, direct swarming about renting out real estate. When you decide to rent out real estate, you become an entrepreneur, and therefore you need to treat it like a business.

You need to minimize the risks of damage to the condition of the apartment, property, as well as possible damage to third parties. You can manage this risk either by contacting an insurance company (only when purchasing an insurance policy, be sure to make sure that the rented apartment is covered by the insured event) or by independently creating a reserve for unforeseen events. You can read more about this in a separate article.

And also, when renting out your property, you should keep in mind that tenants, while living in the apartment, subject it to natural wear and tear and, no matter how neat and decent they are, and after several years of renting out the property, the apartment will require cosmetic repairs. It’s up to you to decide whether to create a reserve for these purposes, but keep in mind that such a need will arise, in any case, it is necessary.

Rental approval

We hope that as a result of the calculations made above, you are in profit and we can move on to the next point. Decide what needs to be agreed upon and with whom in order to obtain the right to rent out housing. We discussed this topic in articles and . But in order not to burden you with a lot of links, below is a table that clearly demonstrates what kind of consent is required in which case.

	Agreement all owners	Lessor's consent	Everyone's consent members of your families, living together with you	Consent of roommates
Own apartment	Yes	–	–	–
Municipal apartment	–	Yes	Yes	–
Privatized room in communal apartment	Yes	–	–	Yes
Non-privatized room in communal apartment	–	Yes	Yes	Yes
Room in a non-privatized apartment	–	Yes	Yes	–
Room in privatized apartment	Yes	–	–	–

More details about the agreement

Which contract should you choose?

You have determined whose consent is needed and, probably, already know how to get it. Now it’s time to move on to perhaps the most important part of the lease registration - the agreement.

Of course, you will agree and sign the contract itself with the employer/tenant. But it will be useful to determine in advance what kind of agreement will need to be concluded.

Summary

In order to legally rent out housing, you will undoubtedly need to study some legal norms, in particular, the Civil and Tax Codes. Perhaps look for answers to your questions on specialized forums.

But on the other hand, the legislation is written to protect our legal rights and interests, and by applying it correctly, we can benefit ourselves and reduce risks.

In this article, we tried to tell you how to properly rent out an apartment from making the decision to do so until the moment of paying taxes. Unfortunately, it is impossible to present all the nuances of all private rental cases in one article; the amount of information is too significant. But more detailed information can be obtained on the relevant sections of our portal.

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