Some citizens own several vacant or temporarily vacant apartments. Desiring to compensate their costs for utility bills, as well as seeking to get an additional source of income, they rent them out. This is especially often observed in large cities of Russia and, of course, in the capital. Unfortunately, many owners do not know how to rent an apartment, avoid unpleasant sanctions in the form of fines and at the same time save on tax payments. In this article we will talk about this. We also consider what documents for renting an apartment must be executed in order to protect themselves and their property from dishonest residents.
Step One: Preparing Your Home
Before renting an apartment, you must first prepare it for new residents. If it has not been repaired for a long time, update the wallpaper, ceiling and floor coverings. Thanks to even inexpensive cosmetic repairs, your apartment will look more presentable. So, you can pass it on more favorable terms. It is also necessary to pay attention to the repair of plumbing equipment and electricians. Protect yourself and your future tenant from possible troubles, for example, shorting of electrical wiring or flooding of neighbors from below.
If you want to rent 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. You must pick up your personal, memorabilia or valuables, as well as documents from the apartment. After the preparatory work, repair and arrangement, put in order the documents for the apartment. Pay off all
debts for utilities. If necessary, disconnect the landline telephone or long distance communication.
Step Two: Finding a Landlord
After preparing your home for rent, you can begin to search for a tenant. You can do it yourself or ask for help from city real estate agencies (for a fee or even for free, they can take on obligations to find clients). Advertise on specialized sites on the Internet, and also place it in newspapers. As soon as you find a potential tenant, discuss with him all the nuances and come to a consensus, it will be possible to proceed to the preparation of the necessary documents. Important: documents can only be signed by the owner - the one who owns housing on the basis of ownership, or the one who has a power of attorney to rent an apartment.
Step Three: Drafting a Hiring Agreement
How to rent an apartment? It is imperative to conclude a tenancy agreement with an individual, a future tenant. In the event that your tenant is a legal entity, you will have to conclude a lease. It doesn’t matter for how long you plan to rent out housing: for a year or for one day - you need to draw up a document in any case. It will not be difficult to find samples of standard contracts that spell out the obligations of the parties: both the lessor and the lessee. You can use such a ready-made sample and supplement with those items that you consider necessary. In addition to indicating the subject of the contract (providing possession and use of free residential space suitable for living for a fee), deadlines, amount of rental payment and other important general provisions, you can write down the obligations of the tenant in the document, for example:
- ensuring the safety of residential premises;
- maintaining the apartment in good condition;
- implementation of current repair of all breakdowns and malfunctions that occurred during the use of the premises at their own expense;
- self-payment of utility bills, etc.
Also in the contract must be indicated
passport data and affixed 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 an Inventory of Property
An integral annex to the contract is an inventory of the property that is in the apartment. This document will ensure the safety and integrity of the things transferred to the tenant and protect them from theft. The inventory is compiled in simple writing. At the same time, it describes all the property (and its condition) that is in the apartment, as well as passport data and signatures of the parties. The inventory is created in duplicate, as is the contract of employment. Be careful: in the process of signing all documents, you should check the correctness of the passport data of the tenant and ask him for a copy of the passport. Now you know how to independently draw up a property inventory and an apartment rental contract with a tenant.
Landlord taxes
Knowing how to rent an apartment, you protect yourself from serious legal troubles. Article 23 of the Tax Code stipulates that any individual who receives income must pay tax. The systematic rental of an apartment with regular rental payments is equivalent to individual entrepreneurship. And in this case, the landlord will be required to pay tax. Its rate varies 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 less than 183 days a year, the rate will reach 30%. Apartment rental tax should be paid once a year. At the same time, in order to calculate the amount of the tax base for the previous year, it is necessary to submit a declaration (3-NDFL) by April 30. There is an opportunity to slightly reduce the amount of payments by registering IP. In this case, the tax deduction will be 6% of the income received. Choose the most suitable taxation method for yourself and file your tax return on time.
Illegal rental of an apartment. Taxes and their non-payment
All landlords should be aware of the following. If an informal rental of an apartment is carried out, the law provides for various penalties. Tax evasion entails a serious fine. It can make up 20% -40% of the outstanding amount. For violation of the law, criminal offenses are also possible. For non-payment to the tax authorities of an amount of 600 thousand rubles. and 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 the tax office will not find out about your illegal business activities. There is always a chance 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
According to the law, if a tenant rents your dwelling for a period of more than 90 days, he needs to register at the place of stay (otherwise - temporary registration). To do this, he must provide the local FMS office with an identity document, a statement of the established form, as well as a contract for the rental of housing. If you do not make temporary registration on time, not only the tenant, but also the homeowner will face a fine of 2.5 thousand rubles.
Termination of a tenancy agreement. Is it possible to do this ahead of schedule?
If necessary, the employment contract can be terminated in advance. It is advisable that the conditions for its termination be written in advance in the text of the document. If such a clause is not provided for in the contract, then it may be terminated on the grounds provided by law. If the tenant is an individual, he can, without giving reasons, cancel the contract and vacate the premises, notifying the lessor in advance, three months in advance. The owner of the property can terminate the contract, which has a term, unilaterally only in case of non-payment of rent or improper use of the premises, 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 termless employment contract can be terminated by notifying the tenant three months before the actual eviction.
Finally
So, when renting a dwelling, you need to take into account many nuances. How to rent an apartment? First you need to correctly draw up the contract, spelling out 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 premises. In addition to the contract, an inventory of the property should also be made; it will help to keep the landlord's things in proper condition. It is important to remember that the legal rental of an apartment requires the payment of tax. Its amount is calculated in accordance with the annual declaration of 3-personal income tax. Failure to pay tax threatens serious trouble.