Renting an apartment documents. All the nuances of long-term rental deals: what documents are needed to rent an apartment and how to draw up a contract correctly? You are asked to pay a commission before concluding a contract

What needs to be checked additionally?

Be sure to check the serviceability of all equipment together with the landlord, if there is one in the apartment. It is also necessary to clarify whether the last invoices on receipts have been paid or not. Because not paid on time utilities will provoke the formation of debt.

If there is one, then you need to agree in advance (before signing the lease) about who will pay the resulting debt. It happens that the tenant convinces the owner that he will pay off the debt himself, without paying anything for the rent.

Learn the fact that if the apartment you are going to rent has several owners, be it a spouse or other relatives, it is important to find out if all the owners agree to rent out the apartment. Otherwise, the contract may be invalidated.

It will be correct not only to receive, but also to achieve their personal presence at the signing of the lease in order to avoid disagreements later.

What do you need to arrange when renting a living space?

In order to rent out an apartment, a lease agreement is required without fail, a copy of it is provided by the person who rents living space, to the tax office.

The signing of the apartment lease agreement by the parties is the final stage. This is a guarantee of good faith and decency, both on the part of the tenant and the landlord. Since the fraud with rented apartments always takes place. This also happens with unreasonable landlords, who can ask for money in advance, and then hide with the money and living space.

Do I have to make copies?

From the legal point of view, there are few copies of documents to prove fraud: what can be proven if there are no originals? There is simply no need for a tenant to have copies of documents for an apartment. But the lease must be provided and signed by the lessor and the tenant in duplicate. If there is more than one apartment owner, then for each owner - a copy of the lease agreement.

Conclusion

Of course, living in an apartment you own is much better.... But if the acquisition has not yet been planned, or you simply do not have the opportunity at this time, then a rented apartment is the best option. If you correctly draw up a lease agreement and provide for all the nuances that may arise for both the tenant and the lessor, then cooperation will delight both.

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

Step one: preparing the living space

Before renting out an apartment, you first need to prepare it for new tenants. If there has been no renovation work in it for a long time, update the wallpaper, ceiling and floor coverings. Even inexpensive cosmetic repairs will make your apartment look more presentable. This means that you can rent it on more favorable terms. You also need to pay attention to the repair of plumbing equipment and electrical equipment. Protect yourself and your future tenant from possible troubles, for example, electrical wiring closure or flooding of neighbors from below.

If you want to rent out an apartment profitably, make it cozy and comfortable for living. Furnish it and equip it with the necessary household appliances such as a TV, washing machine and refrigerator. Your personal, memorable or valuables, as well as documents from the apartment must be collected. After preparatory work, repair and arrangement, put in order the documents for the apartment. Redeem All If necessary, disconnect the landline telephone or long distance communication.

Step two: finding a landlord

After preparing your home for delivery, you can start looking for a tenant. You can do this yourself or ask the city real estate agencies for help (for some fee or even free, they can commit to finding clients). Advertise on specialized sites on the Internet, as well as place it in newspapers. Once you find a potential tenant, discuss all the nuances with him and come to a consensus, you can proceed with the registration required documents... Important: documents can only be signed by the owner - the one who owns the property by right of ownership, or the one who has a power of attorney to rent out an apartment.

Step Three: Drafting Your Employment Agreement

What is the correct way to rent an apartment? It is imperative to conclude a lease agreement with an individual, a future tenant. In the event that your tenant is a legal entity, you will have to conclude a lease agreement. At the same time, it does not matter for how long you plan to rent out housing: for a year or for one day - in any case, it is necessary to draw up a document. It will not be difficult to find samples of standard contracts, which spell out the obligations of the parties: both the lessor and the tenant. You can use a similar ready-made sample and add those items that you think are necessary. In addition to the designation of the subject of the contract (provision of possession and use of free living space suitable for living for a fee), deadlines for delivery, the amount of payment for rent and other important general provisions, you can specify the tenant's responsibilities in the document, for example:

• ensuring the safety of living quarters;
• maintaining the apartment in good condition;
• implementation of current repairs of all breakdowns and malfunctions that arose during the period of using the premises at their own expense;
• self-payment of utility bills, etc.

Also, the contract must indicate and affix the personal signatures of the parties. Important: an employment contract for a period of less than a year is not subject to state registration. We advise you to notarize the contract.

Step four: creating a property inventory

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

Landlord Taxes When Renting A Home

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

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

All landlords should be aware of the following. If there is an informal rental of an apartment, the law provides for various penalties. entails a serious fine. It can be 20% -40% of the outstanding amount. For violation of the law, offensive and criminal liability is possible. For non-payment to the tax authorities in the amount of 600 thousand rubles. or more, the court can impose not only a large fine of 300 thousand rubles, but also imprisonment for up to one year. Do not think that you will not find out about your illegal business activity. There is always the possibility that your neighbors, for example, dissatisfied with your noisy tenants, will complain to the district police officer or directly to the Federal Tax Service. Therefore, we recommend that you fulfill your tax obligations on time. Thus, you will protect yourself from possible troubles with the law.

Registration at the place of stay

By law, if a tenant rents your dwelling for a period of more than 90 days, he needs to issue (otherwise - a temporary registration). To do this, he must submit to the local FMS office an identity document, an application in the prescribed form, as well as a rental contract. If you do not make the temporary registration on time, not only the tenant, but also the owner of the home will face a fine of 2.5 thousand rubles.

Termination of the rental contract. Can this be done ahead of schedule?

If necessary, the lease can be terminated in advance. It is desirable that the terms of its termination be pre-written in the text of the document. If such a clause is not provided for in the contract, then it can be terminated on the grounds provided by law. If the tenant is an individual, he can, without giving any reason, cancel the contract and vacate the dwelling by notifying the landlord three months in advance. The owner of the property can unilaterally terminate the contract, which has a term, only in case of failure to pay rent or improper use of the dwelling, including the deterioration of its condition. If the tenant is a legal entity, the contractual relationship may be terminated early if one of the parties violates their terms. A lease agreement that has no time limit can be terminated by notifying the tenant three months before the immediate eviction.

Finally

So, when renting out residential premises, you need to take into account many nuances. How to rent out an apartment correctly? To begin with, you need to correctly draw up a contract, prescribing in it all the obligations of the parties, the term of employment, the amount of rent and other important points. This document, certified by a notary, will protect the owner of the living space. In addition to the contract, an inventory of the property should also be drawn up, it will help keep the lessor's things in proper condition. It is important to remember that the legal renting of an apartment involves the mandatory payment of tax. Its amount is calculated according to the annually filed 3-NDFL declaration. Failure to pay tax is in serious trouble.

Last update: 09.05.2019

Having multiple living spaces is not only a luxury, but often a headache. The owners are trying to rent out the "extra" living space. This is both additional profit and some kind of supervision over the apartment.

Let's try to figure out how to rent out an apartment correctly, how to avoid problems with unscrupulous tenants and the tax office, how to preserve our property.

Who can take

The owner has the right to rent out his apartment. Who has a certificate of registration of property rights (extract from the state register) to it. No relatives or very close friends are allowed to enter into a lease with tenants at the request of the owner of the apartment. This option is possible only if there is a notarized power of attorney, which stipulates the right of the authorized person to rent out the apartment of his principal. Otherwise, the owner can object to such a transaction at any time.

If the owner of the apartment uses it under a social tenancy agreement, that is, in fact, it belongs to the state or the municipality, then he is not entitled to rent it out. In exceptional cases, this is possible, but for this it is necessary to obtain an official written permission from the state / municipal authority (who is the owner, in most cases it is the municipality).

If, in addition to the owner, other tenants (as members of the owner's family) are registered in the rented housing, then obtain their written consent to conclude the transaction not required.

But there is subtlety. If a rental agreement has already been concluded and the owner or hire another person to live in the dwelling, then consent to such a move is required from all interested parties (both the tenant and all the people registered with the tenant).

The same is required if part of an apartment is rented (for example, a room in a communal apartment, in which there is a shared kitchen, toilet, bathroom for several owners). Thus, it is possible to conclude an additional lease agreement for vacant space with the permission of the first tenant and his family members.

If a minor child is also registered in such housing, then permission to rent an apartment will also need to be obtained from the guardianship authorities.

In the event that several persons are the private owners of the apartment, then each of the co-owners must participate in the transaction on the side of the landlord. Or you can express your written consent to conclude the transaction and entrust one of the owners to handle it. Such consent and power of attorney is drawn up with a notary.

If such procedures are neglected, then the apartment lease agreement (for a period of more than 1 year) cannot be registered in the Russian register.

In practice, apartments are often rented "gray", without state registration of the contract in the Russian Register. Therefore, these formalities are not followed. But you need to keep in mind that in a litigation with the tenant (on any issues regarding the renting of the apartment), it will be impossible to refer to such an agreement as proof, since it is null and void without registration (if it is not concluded for a period of less than a year, then registration is not necessary and the written form of the contract is sufficient for its full force).

When it comes to moving in (including registration, concluding an additional social rent agreement) in a municipal apartment, consent is needed from all registered persons and, of course, from the municipality.

To whom to rent an apartment

A person who is faced with renting out an apartment for the first time will be panicked even by such a simple question of where to find tenants. There are four options to recommend:

• Contact a real estate agency. You will be offered a lot of options, as well as some guarantees, but you will have to pay for such services.
• Submit an advertisement for renting an apartment in the newspaper, Internet sites or in the "creeping line" on television. Or find an ad of a person who wants to rent an apartment in the same media. True, there is a risk of running into an unscrupulous tenant. He will either not pay for the apartment provided to him, or he will spoil (steal) the property in it.
• Find a tenant through friends, acquaintances, relatives - best option... It is unlikely that a tenant under patronage will risk harming the landlord. And in case of controversial issues, you can always find it.
• Rent out housing to relatives or friends. Most likely, such rent will be free of charge. You will not receive any material benefits. But you can safely instruct them to pay utility bills for the apartment.

In general, you need to periodically check the rented apartment. Communicate with tenants and monitor utility bills to avoid future problems.

If an apartment is rented to a stranger, then the lease agreement cannot guarantee complete property security for the owner. It is necessary to check the future tenant for his law-abidingness. To do this, you can contact familiar police officers or other representatives of law enforcement agencies to check the employer for a criminal record, bring him to administrative responsibility, the presence of debt or credit delays, etc. You can see information about a person on the Internet and from other open sources.

Renting out an apartment without intermediaries is, of course, cheaper. But then all the worries about housing fall only on your shoulders.

How to transfer an apartment

We will talk about the legal aspects of completing the transaction later. Now let's touch on everyday moments.

The apartment must be transferred directly to the tenant, telling about all the features and important technical aspects of the housing. In this way, accidental breakdowns and other damage can be avoided.

When transferring an apartment, the readings of energy metering devices (water, electricity, gas, etc.) should be jointly recorded, so that in the future it is not possible to understand who has committed the communal debt.

Before handing over the keys, the general and detailed situation in the apartment should be photographed. This will discipline the employer, as he will see the owner's reverent attitude towards his property. In addition, photographs can serve as evidence in court if a conflict arises about a significant deterioration in the condition of the apartment after its delivery.

If you have friendly neighbors on the landing, it would be good to introduce new tenants to them. And leave your phone number to your neighbor for emergencies. This also "educates" the employer.

How to register a lease legally

Even if you decide to rent an apartment to your best friends or distant relatives, it is better to document this transaction. In this case a rental contract is drawn up(it must be distinguished from a lease agreement, which is mainly concluded between legal entities). It is not difficult to arrange it. There are a lot of samples and options on the Internet for different occasions. You can draw up it yourself, ask for help from a lawyer or from us.

The document is signed by both parties. Its notarization is not required, but it is not prohibited either. As an option, entrust the preparation and certification of the transaction to a notary. But such a document will not have more legal force than an ordinary written agreement concluded by the parties.

In addition to the lease agreement, it is imperative to draw up an act of acceptance and transfer of the rented apartment.

The act describes in detail the technical condition of the entire dwelling: the presence of repairs, plumbing, as well as the furniture, household appliances, and other household items available in the apartment. It is necessary not only to list them, but also to indicate in what condition they are, in what places they are, name (model, brand, etc.), to determine the approximate cost (at least of the most expensive items). This will help the homeowner in the future to assess the condition of his property and recover damage for its damage from unscrupulous tenants. The act is also signed by both parties after the inspection of the apartment. Then the keys are handed over to the employer.

How to draw up an employment contract correctly

If you decide to rent out an apartment and draw up a contract yourself, you should follow the basic rules for drawing it up. The main thing, clearly spell out the main conditions - the address of the apartment, the term and amount of rent, the rest is at the request of the parties. It is possible to draw up a very detailed document on several pages, in which all the nuances can be foreseen. And only the most necessary things, putting everything on one sheet. A reliable contract should include the following clauses:

1. Date and place of its compilation.
2. Detailed personal data of the landlord and tenant: name, surname, patronymic, date of birth, place of registration and residence, number and series of passport or other identification document.
3. Subject of the contract: rented apartment owned by the landlord. Namely, its address, footage, technical condition, availability of furniture, plumbing, assessment of suitability for living (heating, water supply), telephone network connection, and Internet, cable TV. Detailed description can be set out both in the contract itself and in the deed of transfer attached to it.
4. Link to a document confirming that the landlord is the owner of the property. On the absence of encumbrances by third parties (mortgage, pledge, other rent, arrest, etc.).
5. The cost of the monthly rent, including an indication of who is responsible for paying utility bills.
6. Payment form: in cash, by postal order or by bank card(contribution), free of charge, etc.
7. Payment terms: lump sum for the entire rental period or monthly (quarterly) indicating by what date the payment must be made.
8. Who of the parties is obliged to carry out current, major or urgent repairs of the apartment.
9. The term for which the property is rented.
10. An indication of all tenants moved in to the tenant (if the contract is long-term).
11. The rights and obligations assigned to the tenant and landlord, with which they must agree.
12. Reasons and conditions on which the lease can be terminated unilaterally.

It is advisable to also prescribe special conditions in the contract, the so-called "everyday tricks":

1. On the prohibition of the employer and members of his family (or those who will live with him) to register at the place of residence (in a rented apartment). Although the legislator does not allow registration without the permission of the owner, however, "enterprising craftsmen" manage to bypass the restrictions. Such a condition will not allow cheating during registration, and if an illegal registration was nevertheless allowed, then it will be easy to challenge it in court (the contract itself will be indisputable proof of the illegality of the employer's actions).
2. Distribute the responsibilities of the apartment insurance against accidents between the landlord and the tenant. It is better, of course, to deal with this issue yourself, since by insuring the apartment against flooding, fires, civil liability, etc., the owner relieves himself of the risks for the negligent behavior of the tenant. After all, if a similar case occurs, the owner will be responsible to the victims (neighbors and other persons). Damage can be collected from the culprit (employer) only by way of recourse. That is, first, the owner compensates for the damage to the injured, and only then can he demand material compensation from the employer. Sometimes this is an impossible task (for example, the employer has no property, does not officially work, or pay alimony, etc.).
3. On the limitation of the ability to sublease an apartment (sublease) to other persons without the written consent of the owner. Otherwise, the apartment can be turned into a seating yard.

On the occasional opportunity of the owner to check the condition of the apartment. These are the rights of the owner, in the presence of the tenant, to come to the apartment for inspection for its safety, proper sanitary condition, etc. If such an item is not provided, the tenant may simply not let the landlord in, because this is his right.

For how long to conclude an agreement

The maximum period for which you are able to conclude a contract of employment is 5 years. And even if the document does not contain a reference to how long the apartment is to be rented, it will be limited to the specified time.

Experienced lawyers still advise against renting out an apartment for a long-term lease. It is always easier to conclude another contract for a new term than to terminate an existing one. Moreover, when one of the parties does not agree with the termination.

Do I need to register an employment contract

An apartment lease agreement (or residential lease agreement) does not require mandatory registration with the Rosreestr authorities if it is concluded for a period of up to one year (for example, for 11 months or for six months).

If it consists of more long term, then such a transaction will have to be registered. The downside is that it obliges the landlord to prepare a package of documents and pay a state registration fee. In addition, information about the rental of housing and the receipt of profit by the landlord will go to the tax authority. But, on the other hand, by registering this transaction, he receives additional guarantees. ...

The most profitable thing is to conclude an apartment rental agreement with the right to its subsequent prolongation and to renew it every year.

Advantages and features of renting an apartment for a period not exceeding 11 months, which we have already talked about

• the lease agreement may not be registered with Rosreestr. This means there is no need to waste time collecting documents, to bear the cost of paying the state duty. And upon the expiration of the contract, repay the entry in the state register of encumbrances (hiring);
• the employer will not be able to count on the provision of a deferral for the elimination of violations entailing the termination of the contract.

Basically, the short-term contract is used by owners who avoid paying taxes on rental income. After all, the tax inspectorate does not know about such an agreement (the agreement is not registered in the Rosregister and the tax authorities do not receive information from there).

The very registration of the agreement in the Rosregister is not difficult

1. You can apply for registration of the contract within 1 month from the date of its conclusion (Article 51 of the Federal Law "On State Registration of Real Estate"). Otherwise, a fine of 5,000 rubles awaits.
2. Applicants must be two parties to the contract (both the landlord and the tenant or their representatives under a notarized power of attorney).
3. The package of documents is:
   • lease agreement with acts of transfer of the apartment from the owner to the tenant in triplicate;
   • applicants' passports (for identification purposes);
   • a receipt for payment of the state duty (amount of 2,000 rubles, 1,000 rubles on each side);
   • copies of documents on ownership of the apartment (base agreement, certificate of ownership, cadastral passport). Although these documents are not mandatory for delivery, their provision speeds up the process of accepting applications and registering an agreement;
   • consent of interested parties (other equity holders, mortgagee, etc.).
4. Registration is carried out within 5 working days
5. Documents are handed over to the MFC department.

The registration can be rendered for the following reasons

• the apartment being rented is not registered in the cadastre;
• a previously concluded lease agreement for the same area is valid;
• a complete list of required documents for registration is not provided;
• the lease contract has gross inconsistencies with the requirements of the law.

Rental fees

The payment for renting an apartment, as well as the conditions for making utility bills, should be described in detail in the contract.

Some landlords insist on a bond for rent. That is, they require payment for several months at once. This ensures that the tenants will live in the apartment for the entire period they have paid for. For the employer, this is the confidence that he will not be left without a roof over his head during the time for which he has already paid.

Information that a deposit for several months is required for renting an apartment can be indicated directly in the contract or agreed by the parties orally.

It is better to fix in writing the conditions for the return (or non-return) of the deposit in the lease agreement. This is in case the tenant decided to move out of the apartment earlier, within the period for which he has already paid.

For example, the tenant has paid a deposit for living in a rented apartment for 6 months, and after 3 months he decided to move out. This option must be provided for in the contract and indicate whether the landlord will have to return part of the rent in this case.

There is a condition for a deposit of rent for the last month. The scheme is as follows: double payment is made in the first month. And you don't have to pay anything for the last month, since the deposit payment is the payment for the last period. The owner of the apartment is insured with this deposit if the guest moves out secretly without paying for the last month.

About receipts

It is advisable to record the transfer of any money for renting an apartment, whether it is a deposit or a monthly payment, with receipts. You can prepare a single form, in which you will only have to enter the amount and date of payment, sign the parties. Witnesses are often used to confirm the transfer. Their data is entered into a receipt.

It is also advisable to make a receipt in 2 copies, so that one remains with the employer, and the second with the lessor.

If the payment for renting an apartment is made in a non-cash form, then the payer must keep receipts (receipts) for the transfer of money to the owner of the apartment.

Termination of an agreement

The grounds and conditions for terminating the employment contract must be spelled out in the document itself.

The tenant has the right to terminate it at his own request, subject to two conditions:

• all persons living with him agree with this decision;
• the landlord is warned not later than three months in advance.

The person who leases the apartment may allow the termination of the contract unilaterally on the following grounds:

• the tenant does not pay rent for six months for a long-term lease or misses two payments in a row if the lease term is less than 1 year;
• damage or destruction by tenants of housing or property located in it;
• using the apartment for other purposes, for example, as an office, warehouse, etc .;
• systematic violation of order, causing harassment to neighbors (the violator was warned by the landlord, but did not eliminate the violation).

The employment contract can also be terminated through a court. The initiator of the claim can be either the landlord or the employer. The reason is usually the bringing of housing to a disrepairment condition or it was recognized by the relevant authorities as emergency.

If the tenant does not agree with the termination of the contract on the initiative of the lessor, he has the right to appeal this fact in court. If the lease agreement was concluded for a long term, the court may grant the plaintiff an adjournment to eliminate the violations and pay the debt for payment for up to one year.

Whether to pay tax on income from renting an apartment

Even if the apartment is rented for a short term, this does not relieve the landlord who receives the proceeds from the tax liability.

When a lease is for a long time and is registered with Rosreestr, then information about the transaction will most likely go to the tax office.

With a short-term contract, it is easier to conceal the fact of making a profit from the lease (for obvious reasons). But legislators advise against doing this. Those who are caught will be forced to pay not only income tax for the entire period, but also a fine and penalties in the amount of 20 to 40 percent of the unpaid tax amount, etc.

When the tax debt is large (more than 900 thousand rubles), the culprit may face criminal punishment. Up to imprisonment.

The concluded rental agreement for residential real estate is a reason for the tax authorities to collect tax on the amount for renting an apartment. Any ill-wisher can report this, as well as Rosreestr at the request of the tax authorities.

By law, the landlord is obliged to from 1st January to 30th April inclusively, submit to the inspectorate at your place of residence a declaration of your income for the past year. It indicates the amount of profit received, including from renting an apartment.

Nobody will send a receipt on the amount of tax to the taxpayer. You should pay the calculated personal income tax yourself at the rate of 13 percent of the amount of profit received from renting an apartment for a year. If the declaration is not submitted, then a penalty is provided for this in the amount of 30% of the amount of the tax base, but not less than 1000 rubles.

The fee must be produced until July 15 of the year in which the declaration was submitted. Failure to pay or delay is subject to fines and penalties.

The landlord can be exempted from paying the tax only if he has not received the rent for the apartment from the tenant for a long time and is able to prove this fact.

Self-employment and renting an apartment

The status of a self-employed citizen allows you to solve some problems in the hiring issue.

At first, simplified taxation ... It's about a tax experiment in Moscow, Moscow region, Tatarstan and Kaluga region... Citizens of these regions can register through the service "My Tax" to pay 4% of the amount of income. The reporting is formed by the same Internet service "My Tax". The amount is paid monthly. You do not need to submit any declarations. The amount of income per year should not exceed 2.4 million rubles. The beginning of the experiment showed that the idea was not unsuccessful. Paying for your income in this way is convenient and economical. Already other regions of Russia have expressed a desire to join the experiment.

Secondly, there is no need to register as an individual entrepreneur ... By registering as self-employed, a citizen will pay a special tax on professional income. These obligations are enough for the state and there is no need to strictly tie oneself to the entrepreneurial path. Of course, if we are talking about delivery of your housing, which has 1-2 objects... If there will be a large number of objects and other people's objects will be provided for rent (for example, on lease or real estate under management). It is already a purely commercial activity. You cannot do without an IP certificate.

For the self-employed, tax holidays are provided until December 31, 2019 (clause 70 of article 217 of the Tax Code of the Russian Federation). You just need to submit a notification to the territorial inspectorate of the Federal Tax Service and indicate the type of preferential activity. Unfortunately, renting a home is not a tax-exempt activity for the self-employed. At the regional level, the authorities, at their discretion, can determine the types of occupations that will fall under preferential status. But today, not a single region of housing rent is included in this list.

Other types of liability

There are cases when citizens rent out several apartments belonging to them at once. Such activities are recognized as entrepreneurial. Therefore, before renting out an apartment, it is required get the status of an individual entrepreneur. Otherwise, liability is imminent under the administrative (article 14.1 of the Code of Administrative Offenses of the Russian Federation) or criminal (article 171 of the Criminal Code of the Russian Federation) legislation (depending on the amount of income earned) for illegal entrepreneurial activity.

Let's clarify, if we are talking about one apartment in practice, it is considered that this activity does not belong to commercial. This is one of the activities of self-employed citizens.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

104 comments

What documents are needed when renting an apartment from the owner? When a suitable housing option is found, it remains to make sure that all the papers are available. From the landlord definitely worth checking out:

The last of these papers should be studied especially carefully.

If, for example, the property is transferred by inheritance to the lessor recently, that is, there is a danger that heirs will appear who are ready to challenge it.

Controversial housing is a big problem for a tenant.

From the employer

What documents need to be checked when renting an apartment at the tenant? The owner of the rented space has the right to demand certain documents from the applicant for the use of it.

In general, a passport is sufficient. It is used in most cases for identification purposes.

Most likely, no other papers will be required.

What to check?

What should be additionally checked when renting an apartment? Both when studying the housing itself and when checking documents, you should pay attention to some points:

In addition, it is necessary to check the remoteness of housing from a stop, metro, shops, etc.

Paperwork

What documents are required when renting a dwelling? The fact of renting an apartment is definitely worth it fix in writing... To do this, make up:

• ... The main document that enshrines all the fundamental provisions that are important for the parties. It is he who is the main one for concluding a housing rental deal;
• ... It is necessary for a written reflection of the fact of transfer Money to the lessor. If payment is made by bank transfer, then a receipt is not required;
• premises. Drawn up as confirmation of the fact of transferring the apartment for use to the tenant;
• an inventory of the property in the apartment.

  It is drawn up in order to avoid disputes when returning the apartment to the landlord about the condition and the presence of property in it.

  All pieces of furniture and other things located in the room are entered into it, the inventory is signed by the parties to the transaction.

Despite the apparent complexity, these papers are compiled quickly enough and secure from fraud, both parties to the transaction.

In the future, you may need an opinion, which spells out, for example, the conditions or the contract.

Do you need copies?

Copies of the papers that were drawn up when renting an apartment are not needed.

Initially, it is worth compiling all the papers in duplicate, one for the employer, the other for the landlord.

This will protect the parties and in case of loss or loss of one contract, it will help to save the second copy.

Thus, in order to enter into a contract of employment, it is necessary check documents, both on the one hand and on the other.

You need a deal when renting an apartment make out in writing in the form of an agreement and other relevant additions. Exceptionally correct compilation of them can protect against fraudsters and consolidate the rights and obligations of the parties.