What documents to check when renting an apartment. How to rent out an apartment correctly? Apartment rental tax

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

Why should I rent out an apartment officially?

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

1. Scam. If you rent housing illegally, you may be faced with the fact that in your apartment there will be completely different people to whom you originally rented the apartment. Or worse, you may even lose your home;
2. Unexpected expenses. If you do not determine in advance the procedure for paying all expenses (utility bills, telephone, etc.), then it will not be easy, for example, to receive money from the employer to pay for his telephone calls with relatives from a distant but hometown;
3. Damage to property. How can you then prove without a contract that before the tenant appeared in the apartment there was another TV, there were not 4, but 5 shades on the chandelier, and there were no stains on the carpet?
4. 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 of the Tax Code of the Russian Federation) and tax evasion. Moreover, we draw your attention to the fact that for non-payment of taxes is provided for as a fine ( Art. 119 of the Tax Code of the Russian Federation) and criminal liability ( Art. 198 of the Criminal Code of the Russian Federation).

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

But before you start offering your friends your apartment 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 receive income from their activities, rent is no exception. In order to determine potential income, you can see similar offers for rent: apartments in your area in about the same condition, for example, using our .

Tax

So, the amount of income is approximately clear, now let's decide on expenditures: , and property (if you deem it necessary), and of course,. As for taxes, in order to get a complete picture, we can suggest that you familiarize yourself with the articles on this topic on our portal. Here, we just note that when renting out an apartment, there is several taxation options, so it is quite possible to choose the best option for yourself:

1. Individual paying;
2. Individual entrepreneur in the general tax regime (payment of personal income tax);
3. - ch. 26.2 of the Tax Code of the Russian Federation;
4. Sole proprietor applying - ch. 26.5 of the Tax Code of the Russian Federation.

For simplicity and clarity, you can use the prepared by us by entering the relevant data for you.

As you can see, in terms of taxation, a greater choice is provided to individual entrepreneurs. You can find more detailed information about the features of renting an apartment for an individual and an individual entrepreneur in our article .

Relations with tax authorities

After receiving payment under the rental / lease agreement, you have a tax liability. It is necessary not only to pay the amount itself, but also to provide it to the tax authorities the documents, confirming that this amount is calculated correctly.

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

Neither an individual, nor, in some cases, even an individual entrepreneur is required to maintain "full" accounting, as legal entities. But there are still accounting requirements. For example, individual entrepreneurs applying 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 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 from it, you not only bear the costs of the taxes themselves, but also ... you get the opportunity to get out of a completely different zone of risks arising from "black lease", when in a conflict situation you cannot go to the police, the court. Appeal to laws and their violation.

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

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

other expenses

Now that we have dealt with taxes, these are not the only costs. To be appreciated, 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 falls under the insured event) or by yourself creating a reserve for unforeseen events. You can read more about this in a separate article.

And also, when renting out your real estate, it should be borne in mind that tenants, living in an apartment, subject it to natural wear and tear and, no matter how neat and decent they are, and after several years of renting out real estate, the apartment will need cosmetic repairs. It is up to you to create a reserve for these purposes or not, but keep in mind that such a need will arise, in any case, it is necessary.

Lease negotiation

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 and with whom you need to agree in order to get the right to rent out housing. We discussed this topic in articles and ... But in order not to burden you with many links, below is a table that clearly demonstrates what consent is required in which case.

More about the contract

Which contract to choose?

You have determined whose consent is needed and, for sure, you already know how to get it. Now it's time to move on to, perhaps, the most important part of the lease registration - the contract.

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

Summary

In order to legally rent out housing, no doubt, you will need to study some legislative norms, in particular, the Civil and Tax Code. Perhaps, look for answers to your questions on specialized forums.

But on the other hand, legislation is written in order to protect our legitimate rights and interests, and by applying it correctly, you can benefit for yourself and reduce risks.

In this article, we have tried to tell you how to properly rent an apartment from making a decision to do it until the moment of paying taxes. Unfortunately, it is impossible to outline all the nuances of all private lease 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.

Looking to rent your first apartment? Congratulations on your first step to living on your own! Renting an apartment is not as easy as it might seem. When concluding a contract with your landlord, there are many important details to consider in order to enjoy life in your new home calmly and without unnecessary hassle and financial losses.

Our advice will also be useful to those who have already gotten into trouble when renting an apartment and would like to avoid troubles in the future.

Features of the lease agreement

Tenants should especially note the following points in the contract:

term of the contract;

methods, amount and terms of payment;

conditions for payment of utility bills, electricity and telephone calls;

an inventory of the property in the apartment and its condition;

natural wear and tear of the interior and items in the apartment.

When the owner is alone at the dwelling, it is quite convenient, it is he who will sign the lease agreement, and his authorized representative can also perform this procedure (in this case, his powers are notarized). The situation becomes more complicated if there are several owners - such an apartment can be rented out only when everyone who has the right to a share of the property agrees to it, therefore it is simply impossible to rent out a dwelling without the consent of other owners. Ideally, the contract should be certified by the signature of each owner or his official representative (let's say that one of the owners is a minor child, in this case the parent will act on his behalf). But if one of them cannot personally be present at the signing of the contract, the one who is engaged in renting the apartment can take a notarized power of attorney from him in his own name. He can also present the consent of all other owners, which also needs to be notarized.

What if the landlord cannot present all the required documents? In this situation, it is best to refuse to deal with him and look for another apartment. Keep in mind: a contract that does not comply with the law may be invalidated, and problems will arise for the tenant.

And one more thing that we often forget: do not forget to think over your actions in advance, immediately decide what will be indicated in the contract, and before putting your signature, be sure to read what you are signing.

Check the owner and documents for the apartment

The most important thing that inexperienced renters often forget is the landlord check. Ask the owner to show you the passport, it is better to let it be the original, not a photocopy. Check every page, any mark that is not required by law will invalidate your passport.

Check the title deed. This is the main document that confirms the ownership of real estate. Until 2000, a certificate of ownership of a dwelling was issued, and from October 1, 2013, instead of a certificate of state registration of rights, an extract from the Unified State Register of Rights (USRR) may be issued.

Don't forget about title deeds and other little things

Together with the certificate of registration of ownership and an extract from the USRR, ask the seller to show the documents of title to the apartment, that is, the documents by which the seller acquired the ownership of the apartment.

There are several types of such documents: a certificate of ownership, a donation agreement, a purchase and sale agreement, a certificate of inheritance, a certificate of privatization. If the apartment belongs to a housing construction cooperative (HCC), ask the seller for a certificate of the paid share.

Do not confuse these documents with various certificates of legal registration, entry into the register of owners issued by the BTI, local committees for the management of property and property funds, and other local government bodies. They cannot replace a certificate of ownership and an extract from the USRR.

Do not forget to check all documents provided to you for the absence of corrections, including in the date and registration number. Seals and signatures must be legible.

In addition to the obvious things (the duration of the contract, the amount of rent, etc.), it makes sense to indicate, for example, the time at which the landlord can visit the apartment, as well as for how long he must warn the tenant about this. In addition, it is always useful to draw up an act of acceptance and transfer of property with an indication of defects along with the contract, so that the landlord does not make you responsible for a broken TV, fallen off doors on an old wall, or sagging ones, damaged long before you appear in this apartment.

Utilities and pets

If, according to the contract, you pay for utilities, be sure to get yourself a separate folder for all checks and receipts - it can be useful in case of a conflict. It is highly discouraged to have a pet without the consent of the landlord; some apartment owners react very negatively to cats and, moreover, to dogs in their living space. In some cases, this may even be a separate clause of the agreement, but, in principle, it is quite normal to agree in words, if you approach the issue correctly.

Receipt of receipt of payment

In addition, experts recommend taking a receipt for money from the owner of the apartment when paying the rent, so that if a conflict arises, you can show evidence that there were no violations on your part and you did not remain in debtors. The receipt must indicate the period for which the payment is made, as well as the amount that you transferred to the tenant. This document must be signed not only by you, but also by the owner of the rented apartment.

Repair and damage to property

There is such a concept - the natural wear and tear of an apartment. You are not amorphous airborne creatures. If someone lives in an apartment, inevitable processes of obsolescence, wear and tear, erasure, etc. take place. However, rent is an income with inherent risks and costs. Therefore, you need to pay for damaged property, but not for normal wear and tear, unless this is specifically stipulated in the contract.

Do not be embarrassed and discuss such points separately. In most cases, it is possible not to prescribe them in the contract. Do this at least so that later you do not have to make major repairs or reimburse the cost of those things that were broken or broken before moving in. As we have already mentioned, it is best to draw up an act of acceptance and transfer, which describes the apartment and its condition, and specify valuables and equipment especially in order to avoid any possible misunderstandings on this matter.

Accommodation for third parties

Sometimes it happens that the landlord has an extremely negative attitude towards the fact that other people suddenly appear on the rented space, even if it is a friend who suddenly arrived on a business trip or a girl / guy he liked very much. On the other hand, it also happens that the landlord himself may suddenly, in an improved form, demand that the tenant agree to tolerate some relative or friend of the apartment owner for a night or two. It is clear that not everyone will like such attacks, therefore, just in case, this can also be prescribed in advance in the contract.

Landlord visits

In the agreement, it is imperative to discuss the issue of possible visits. This will help resolve verification issues. The usual practice is as follows: the landlord visits the apartment once a month, arriving for rent, having notified the tenant by telephone about his visit in advance.

Someone refers to a rented apartment as a means of earning money, while someone is too anxious and fearful and therefore decides that they have the right to visit it at any time and control the life of the tenant. By law, the employer has every right to demand that the landlord not come without warning, and even more so when there is no one in the apartment.

Let's say you would like the landlord to visit the apartment no more than once a month, and he must notify this by phone and no later than three days before the date of the visit. Indicate this in the contract, and if the owner of the living space unexpectedly comes to you, you can remind him that there is a corresponding clause in the contract, and that he is obliged to fulfill it.

How to terminate the contract

Sooner or later, you will have to move out of the rented apartment. How to terminate the contract correctly? The easiest option is to leave the home after its expiration date, when the tenant is obliged to vacate the living space he occupies by the time specified in the document.

If we are talking about early termination, then options are possible here. For example, if the landlord is the initiator of the early termination, then you can indicate in the contract that in these circumstances he must at least partially reimburse the tenant for the amount he spent on finding housing.

If the money was paid in advance, the landlord will have to return it to the tenant. If the tenant himself wishes to terminate the contract ahead of schedule, then the deposit, of course, will remain with the owner of the dwelling.

Renting an apartment is a whole science, and when you first come across an apartment search, there is a high risk of falling into the hands of scammers. So, what to look for, what documents to check and what should be alarming when renting an apartment.

Study prices in the rental housing market

Found an ad offering an apartment for 25 thousand rubles in the center of Moscow with a good repair? Forget about it, it doesn't exist. You will call the specified phone number and there, most likely, they will say that it has already been handed over, but you can consider another excellent option. This apartment will be more expensive than the indicated price and much worse. This is how unscrupulous realtors lure clients.

To understand which rental prices are adequate and which are suspiciously cheap, you need to study the market. Analyze the rental ads in the area you are interested in, call the indicated numbers to check the reality of the apartments, and after a few hours you will already understand that for 25-30 thousand rubles within the Garden Ring you will not rent anything decent, but in the sleeping areas it is Maybe.

Don't be fooled by scammers

In 95% of cases, you still have to deal with a realtor. Even if you are looking for housing on your own, it is almost certain that the agent will be from the owner's side. There are scammers who, posing as realtors, offer to look at an apartment for money (the apartment is simply gorgeous and you definitely want to rent it) or they offer you to buy a database of owners who rent out apartments (then you can conclude an agreement directly and do not have to pay a commission to the realtor). Of course, this is all cheating.

Also, do not cooperate with agents who show you fake photos, but in reality the apartments are completely different. If he is unscrupulous in this matter, then he can deceive in another.

Check owner's documents

When you liked the apartment and you already think that you have found the same one, be sure to ask for documents. You need to check the certificate of ownership of the apartment, passport and receipts for payment of utility bills.

- Certificate of ownership

What to look at? First, the data in this document and in the passport must match. Secondly, this way you make sure that you are really the owner of the home. Anyone can show the apartment - a realtor, a neighbor, a relative, but you only need to sign an agreement with the owner, or with a person who has a notarized power of attorney from the owner. Otherwise, the next day after you celebrate the housewarming, the real landlord will come and simply kick you out. And you will lose all the money already paid.

Also pay attention to the number of owners. If there are several of them, then it is necessary to require written consent from all owners to rent the apartment. The consequences will be approximately the same - for example, an ex-wife comes, says that no one asked her, and gives one day to be evicted. This is almost certainly their joint conspiracy, because they will receive all your money.

- Receipts for payment of utilities

Check the receipts for information on the debt for the previous months. If it is, then demand to pay off the debt. At some point, either the owner will want to attribute this amount to you, or, if we are talking about large debts, the utilities will threaten to turn off the services provided to you.

Take a close look at the apartment

This is one more step before concluding a contract. You need to check everything in the apartment - whether the household appliances are working, whether the tap is leaking, whether the legs at the sofa or the armrests at the chair are broken. All information about the condition of the apartment must be registered in the act of acceptance and transfer of property. Often in a hurry, realtors or the owners themselves write the standard wording "in satisfactory condition" or "in good condition." It is better to fix everything meticulously so that later you will not be required to reimburse the cost of the initially scratched laminate.

Read the contract inside and out

It doesn't matter if a realtor concludes a contract or you took a standard one from the Internet, do not be too lazy to study it carefully. In the contract, you need to check the name and passport data of the owner of the home, the address of the apartment, indicate the lease term and cost, the conditions for revising the rent, the conditions and procedure for early termination of the contract and penalties, and even the number of visits by the owner. So, if you forget about this item, then the owner can easily come to you even every day, supposedly with a check. You are unlikely to withstand this and decide to move out, which means that sanctions will be imposed on you for terminating the contract. Or, if you verbally say that you will live with a cat, but do not write it down in the contract, one day this can become the reason for your eviction. And do not forget about the most detailed inventory of the property in the annex to the contract - the act of acceptance and transfer.

Assess the adequacy of the owner

Whatever one may say, in any case you will need to communicate with the owner. Let's say you will transfer the payment to the card, but ... the tap has broken, a letter has come to the mailbox, the neighbors offer to chip in at the barrier. And the number of visits can be limited in the contract, but not the number of calls. Some grandmothers who rent out apartments consider it their duty to worry too much about tenants. All this can be understood when meeting the owners and weigh whether you can come to terms with it.

Pay the first month, deposit, commission

You need to understand that when renting an apartment, you should immediately prepare three amounts - payment for the first month, a deposit and a commission to the realtor.

You pay the security deposit to the owner, usually equal to the monthly payment for the rent. Some owners agree to split the payment over two months. The pledge is a kind of protection for the owner, because he can also be deceived. What if you take all the equipment and move out of the apartment or ruin all the furniture? The deposit is either returned at the end of the rental period (if nothing is damaged), or, by agreement, you can live the last month against this amount.

The commission goes to the realtor and you pay it. Usually the owner pays the agent only when renting an expensive apartment. The amount can be different - as 10% of the rental cost per month, and 100%.

In our modern, dynamic world, renting a living space has long become a common practice. Any procedure of this order requires proper documentary fixation and execution. The material in this article will help you understand the main features of the 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 lease 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 lease of residential premises must be concluded (Chapter 35 of the Civil Code of the Russian Federation). As you can see, in these situations, the contract is concluded with different subjects, 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 desired type of contract.

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

• passport or other document authorized to prove the identity of the tenant / landlord;
• documents that prove the ownership rights of the landlord / landlord to the given living space (this category includes a certificate of ownership of a residential premises, inheritance, privatization, a legally certified agreement on the sale and purchase, on the division of inherited property, on lifelong maintenance, donation, judicial decision on the recognition of property rights, amicable agreement, etc.);
• extract from the USRR;
• technical passport of the living quarters;
• document confirming the absence of debts for utility bills;
• if the contract for any reason 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 the owners are several people, it is necessary to have a notarized consent of all owners of the dwelling or their authorized representatives;
• if the owner of the home is a subject whose age has not reached 18 years of age (majority) - it is necessary to have special permits from the relevant guardianship and guardianship authorities.

List of additional documentation for a sublease agreement

In addition to the actual lease, there is such a form of renting an apartment as a sublease. In this case, the tenant has the right to transfer the housing for use to third parties. That is, the employer acts as the landlord. If an agreement on the 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 prescribed in the main lease agreement);
• original and duplicate of the employment agreement;
• written consent from persons living in the apartment under 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 a limited liability company:

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

All copies of title documents must contain the seal of the tenant 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 tenant's legal capacity (on the state registration of an individual as an individual entrepreneur, issued by the registering body of the Federal Tax Service of the Russian Federation; on his becoming tax-registered);
• extract from USRIP;
• bank details with a seal (if any) and signature of an individual entrepreneur.

The advantages of renting an apartment for use by legal entities include:

• generally higher payment security;
• the location of the legal entity has been established and known in advance;
• collecting hypothetical debt and / or damage to the apartment is easier.

The list of necessary documentation for renting housing for an individual:

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

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 (mainly with regard to renting), landlords make a big mistake, renting an apartment only by verbal agreement. This approach makes the landlord extremely vulnerable. in this case, it will be very problematic to recover the debt from the unscrupulous employer or to force compensation for damage.

Obligatory clauses of the lease agreement:

• a description of the dwelling that is being rented (if only one room is rented, then a plan of its location in the apartment must be attached);
• the actual address of the dwelling;
• the term of the lease / lease of the dwelling (if the terms are not specified, then the lease is considered indefinite, and the lease is concluded for the maximum, five-year, period);
• the amount of monthly rent 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 the termination of the contract;
• fixing the rights and obligations of the subjects of the transaction;
• procedure and terms of payment for housing and communal services;
• enumeration of persons intending to live in a rented apartment;
• an inventory of the property transferred for use to the lessee / tenant;
• indication of passport data and details of both parties.

The tenant / tenant has the right of preemptive re-signing of the agreement for the next term, if he strictly observed the terms of the agreement, accepts the points 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 the existing legislation, apartment rental agreements are subject to state registration, if they were concluded for a period of a year or more. The deal acquires the status of concluded from the date of registration of the state registration.

State registration is not provided for a lease agreement.

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

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

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 confirming the registration of a legal entity as a taxpayer, indicating its TIN (i.e. taxpayer identification number).

The state duty for registration of a lease agreement is collected from legal entities in the amount of 15 thousand rubles. After submitting all the necessary documentation, registration is made out for about a month.

The conclusion of a rental / rental agreement and its registration is a serious procedure, which must be approached carefully and responsibly. In order not to run into "white spots" in this matter and avoid unnecessary misunderstanding, and possibly a conflict between the parties to the agreement, it would be quite appropriate to seek advice from qualified specialized specialists (lawyer or realtor). They will be able to help get around the "sharp corners" and draw up a competent contract.

Distinctive features of an apartment lease agreement:

• is concluded with legal entities;
• the tenant can use the apartment exclusively as a living space;
• the maximum term of imprisonment is unlimited;
• the lease on the initiative of the lessor may be prematurely terminated out of court on the grounds stipulated by the contract.

Distinctive features of an apartment rental agreement:

• is with individuals;
• does not require state registration;
• the maximum term of imprisonment is 5 years;
• the lease on the initiative of the lessor can be terminated prematurely only in accordance with the court order on limited grounds;

Video

Do you own a vacant apartment in which no one lives? Is it idle, and you spend a lot of money, time and effort to maintain it? It's time to stop this and make real estate a source of income! How to officially rent an apartment and what is needed for this? You will find the answers to these questions in this article!

Consider the advantages of legal renting an apartment

1. Conclusion of a contract. This will help avoid many unexpected expenses and can even save you from big problems. We all know that employers are different. Some are very clean, honest and tidy. Others are careless and irresponsible, and there are even scammers. It is the latter category of people that can give you a lot of problems. Therefore, look closely at the personality of the employer. There are times when tenants take out property and equipment from an apartment, spoil repairs and furniture. To prevent this from happening, it is necessary to conclude an apartment rental agreement between individuals. To it you need to attach a detailed inventory of the property that is located in it at the time of renting the apartment, describe the shortcomings that exist. It is also important to indicate in it who will be responsible for equipment breakdown, damage to repairs, and so on. It is important to indicate in this document the passport data of the employer!

2. No additional costs. Who should pay utility bills? Phone bills? Internet? Did you write it down in the contract? If not, then you will have to deal with your employers after the fact. Note that not all of them are ready to pay these costs, if you have not discussed it in advance. Your tenants could plan for the amount you agreed on and put it aside from wages. And when a kilometer bill for a telephone or a communal apartment comes, they will refuse to pay, or they will not have money, because they plan all expenses in advance. And you will be left with nothing.

3. Impossibility of a scam... You rented an apartment to a girl student, and there are 15 workers living there? If you decide to rent out an apartment officially, then this situation does not threaten you. Otherwise, everything is possible!

4. You are clean before the law. What could be better? Russian law stipulates that if you want to rent out an apartment, then you must pay tax on income from renting an apartment. If you want to evade payment, then you face a fine, and in some cases even criminal liability! Do not lead to this. Rent out your apartment legally!

With the advantages sorted out. It's time to move on to the step-by-step instructions.

Step 1: preparing the room

First, you need to assess the readiness of the premises for delivery:

• Check all the equipment that is available. Perhaps something is not working and needs to be replaced. So that later there was no showdown with employers.
• It is also worth assessing whether there is enough furniture in the house, and in what condition it is. You may need to buy something in addition. Since the more the apartment is equipped, the more expensive it can be rented, which means that the income from renting the apartment will be higher.
• If the apartment has not been renovated for a long time, do it. You don't have to buy expensive materials. The main thing is that they are reliable. Pay attention to wiring and plumbing! Protect yourself and future residents. Situations are different, no one is safe from wiring short-circuits and pipe breaks. But you can put in a little effort and keep the risks to a minimum. Think about the consequences. An apartment in which there was a fire or a flood, hardly anyone wants to rent. This means that you will lose income from renting out an apartment. And also the money you invest in renovations. Because it is not a fact that the employer will want to compensate you for the damage. Be sure to include in the lease agreement for an apartment between individuals a clause dedicated to such circumstances, and list the responsible persons!
• Take all your valuables. Clean up to keep your apartment clean and comfortable. Now there is a great demand for cozy apartments.
• Prepare all the necessary documents, as well as eliminate utility debts, if you have any.

Step 2: study the real estate market

The apartment is ready to receive new tenants. But what is the price? The task is not easy for those who do not know what to rely on. But we will tell you!

So, everything is very simple. You need to open several sites where people post ads that they want to rent an apartment for a long time. Next, find apartments located in the area in which you rent out the premises. Find similar repair, interior and furnishings options. And focusing on the prices set by other owners, set your own.

Step 3: finding an employer

There are two options:

• You can rent an apartment without intermediaries. In this case, you will have to deal with an independent search for a tenant, answer all calls about the arena of the apartment, and there are usually a lot of them.
• The second option is renting out an apartment through a real estate agency. In most cases, agents will not charge you for this service. Nowadays, the tenant usually pays a commission to intermediaries for finding housing. What is the advantage of renting apartments through intermediaries? The advantages of this method are that you save your time on finding clients and talking with them. Minus one, but significant. You will have to wait a long time, since not all potential tenants are ready to pay a considerable, as a rule, commission to realtors. If you nevertheless decide to rent out an apartment without intermediaries, then place an ad in the newspaper about renting an apartment, on your page in a social network, on popular Internet sites. Be sure to include high-quality photographs of the premises. In the ad, indicate that you want to rent the apartment for a long time. And wait for calls.

Step 4: showing the apartment to potential tenants. Discussion of all the nuances

After you find potential tenants, you will need to meet with them so that they look at the apartment and understand whether it suits them or not. And also you should evaluate the future landlords and understand whether you want to rent an apartment to these people, or it is better to look for others.

If everything suits you and the future employers, then it's time to discuss all the living conditions. Amount and date of payment. The procedure for paying for utilities, Internet, communication services and other, if necessary.

If you have definitely decided to rent out an apartment to these people, then it's time to move on to concluding a contract.

Step 5: conclusion of the contract

It is very important to correctly conclude a contract of employment and register all the nuances. The contract is your "safety cushion". Because it spelled out your rights, the responsibility of the tenant. That is, if something happens to your property, you do not have to spend your personal savings on restoring the original furnishings of the apartment. Because it will be the employer who will compensate for the damage and bear all the costs if the damage happened due to his fault.

What points are important to prescribe in the contract?

1. Surname, name and patronymic of the employer.

2. The address of his registration and all passport details.

3. Who can live with the tenant in this apartment.

4. Whether the tenant can re-rent the apartment to someone else (sublease).

5. Who is responsible for damage to property.

6. In which court to resolve controversial issues.

7. Be sure to carefully fill in the address of the object to be rented. It is better to write it off from the certificate of registration of the right.

8. Your passport data, registration address.

9. Number of the certificate of state registration of rights.

10. Also include contact numbers so that there can be instant communication between you and the tenant. Because situations are different.

11. An act of inventory of the apartment and the property located in it must be attached to the contract. Write down the shortcomings, if any.

12. It is also important to determine how often you can check the condition of the apartment (usually no more than once a month).

13. It is important to foresee on what basis the contract can be terminated or extended.

Attention! Carefully study the tenant's passport before filling out. What you should pay attention to?

Validity. You can conclude a contract with a person whose passport is invalid, and then it will be difficult to prove anything.

If you doubt the decency of a citizen and want to make sure that there are no problems with the passport, you need to go to the website of the Office of the Federal Migration Service and check the document for authenticity. Anyone who has access to the Internet can do this. Is free!

You can also check the tenant on the bailiffs website for any arrears. It's completely legal and free.

The next step is to compare the passport photos with the face of the real employer. There are situations when people try to draw up a contract in the name of another person, taking possession of his documents. Be carefull!

If you still have doubts, then you can ask the future tenant for a copy of the income statement to make sure that he is able to cover the costs of paying for the apartment.

It is advisable to make a copy of the employer's passport. If any other people will live with him, then it is important to indicate their passport details, as well as full name. Be sure to take a copy of their passports.

How to officially rent an apartment if it has 2 owners?

It often happens that several people own the same apartment. What to do in this case?

First, get the consent of all owners for the delivery. Further, there are two options for the development of events.

Consider the least expensive option that does not require additional costs. Proceed according to the algorithm given above, but remember that the contract must be signed by all owners with their own hands!

For a number of reasons, for example, if one of the owners lives in another city and cannot come to conclude an agreement, you can use option 2 for renting an apartment. How to officially rent an apartment in this case?

Proceed according to the above algorithm. However, you will need an additional document, i.e. a notarized power of attorney from the owner. It will state that you can single-handedly rent out an apartment and receive money for this.

Please note that such a power of attorney is not made free of charge! You have to pay. And as a rule, a fairly substantial amount.

Is it possible to rent an apartment that is on a mortgage?

Indeed, this is a fairly popular question among owners of an apartment purchased under a mortgage lending program. How to officially rent an apartment in this case? First, you need to obtain the bank's permission for such actions. If it is received, then proceed according to the algorithm. In this case, there will be no difficulties.

However, there are situations when borrowers hide the fact of renting an apartment in a mortgage. What threatens them?

First, there is a fine from the state for tax evasion. Secondly, the bank's sanctions. He may require early payment of the loan. Or write you a fine.

Taxes paid by the owner of the rented apartment

In the Russian Federation, the tax on renting property is equal to the tax on personal income and amounts to 13%. If the lease term does not exceed 11 months, then the individual does not pay the state fee.

What if the property has several apartments for rent?

In this case, you should register as an individual entrepreneur. In this case, the tax will be different. You can choose the taxation system that you like best. Namely:

• Simplified system. In this situation, the tax will be 6%.
• General system. In this case, the tax amount will be calculated as follows: 15% x Income from renting out an apartment - Expenses.

What documents are required for renting an apartment?

1. Passport of the owner / owners of the premises.

2. Certificate of state registration of law.

3. Two printed contracts.

4. If your choice is to rent an apartment through an intermediary, then you need an agreement if you have entered into it with him.

How to collect money from tenants?

• The easiest way is cash and handing over the money. But it is not the most reliable one. Because you can be wrong when calculating funds. Sometimes counterfeit money is in circulation. In addition, with such a transfer, it is imperative to draw up a document stating that the tenant transferred the funds to the owner, and the owner received them. Simply put, an act of acceptance and transfer of money or a receipt. Therefore, it is better to automate this process.
• Bank transfer. Arrange with the tenants to transfer the rent money to your account on a certain number of days. It is very convenient. You can always take a bank statement and resolve controversial issues about finances, if any. In addition, you will reduce errors that can occur with cash settlement.

Helpful hints:

• Insure the apartment and property in it before renting it out! This does not require large investments, but it can save you from many troubles and additional expenses in the future. Currently, there are many companies on the market that are engaged in this type of activity. If you wish, you can even insure civil liability.
• Pay close attention to the date of payment of taxes. You must do this by 1.04 of the next calendar year. Otherwise, you will run into trouble with the tax office, fines and penalties. This means that you will incur additional costs. You need it?
• Be sure to send a copy of the agreement to the tax authority immediately after signing the document!
• And most importantly - do not violate the laws of our country!