Today, it is very popular to rent housing. Many Russians do not have the opportunity to buy a new apartment. Many families move to megacities, students go to study, marriages break up. How to rent an apartment correctly, so as not to be fooled, how to draw up a contract of employment, how not to get into "black" realtors, how to move into an apartment that suits you by all parameters, you can find out by reading this article.
Renting an apartment - what is it?
Buying an apartment today is a very expensive pleasure, the most expensive apartments are in large cities, which is why many are on the way to renting a house.
Rental of housing is a contract in which the landlord agrees to provide the tenant with residential property for personal use, and the latter agrees to pay for it.
People who intend to rent an apartment should learn to understand the terminology of this market. The parties to the transaction are the lessee and the lessor. Tenant - it can be either a legal entity or an individual to whom the property is transferred for personal use for a certain period of time. Rent an apartment can both residents of the Russian Federation, and citizens or organizations of other states. Landlord - it can be both a legal entity and an individual who provides real estate for use for a specified period. The landlord must be the owner of the housing or real estate, or authorized persons vested with this right.
Each participant in the transaction has its advantages and disadvantages.
Tenant Benefits:
- the ability to choose affordable housing;
- capital works or domestic problems (plumbing, windows, electrics) are the responsibility of the landlord;
- there is no need for additional costs for furniture and household appliances.
Disadvantages for the tenant:
- psychological discomfort from someone else’s home (feeling “as a guest”, there is no desire to invest money in arranging life);
- additional costs associated with the costs of paying for the services of realtors.
The advantage for the landlord is additional income.
Disadvantages for the landlord:
- problems with residents (small children, animals, unscrupulous payers);
- care of the apartment (cleanliness, order, redecorating after the change of tenants);
- possible problems with the apartment through no fault of the tenant (leaking pipes, problems with wiring, resolving conflicts with neighbors).
Rental housing through a real estate agency
A real estate agency is an organization that accompanies transactions related to real estate. Agencies are engaged in both the purchase and sale of housing, and the support of rental transactions.
The advantage of the agency is that the organization has a huge database for every taste and budget. The future tenant receives a wider selection of offers and can choose a convenient housing by location, apartment filling, price. The important point is that with the help of the agency there is less chance of getting into scammers or finding legal problems, because professionals know all the nuances when renting an apartment.
Real estate agency will take on part of the problems of rental housing, namely:
- select the best option according to the client’s wishes;
- prepare a lease;
- consider all title documents and verify the legality of the transaction;
- act as an intermediary between the tenant and the landlord in terms of prepayment for housing;
- discuss all the nuances regarding the future transaction;
The list of realtor services is prescribed in the contract for the provision of services, each agency provides its own range of services, which are specified in the document.
The amount of remuneration for an agent may vary from the reputation, experience and qualifications of a specialist. Usually this is a percentage of the monthly payment for the apartment. The amount of remuneration can reach 100% of the monthly rent.
Turning to a real estate agency, be sure to sign a contract for services. The contract specifies the amount of the transaction, as well as the terms for which they will select the right option.
What to look for when renting an apartment through an agency
Lawyers recommend remembering the following rules, which will help not to part with your money:
- Do not make an advance payment, pay only for actually performed services;
- all fees are prescribed in the contract before the start of the service, where the agent’s data is entered;
- pay attention to the clauses in the contract about penalties for the company or agents, this indicates that the company is serious about its obligations;
- pay attention to the experience of the company, the longer the agency exists in the market, the better for the client.
Some unscrupulous agencies have the following fraud scheme: a contract is concluded with a client, on the basis of which the agency provides the addresses of apartments, payment for which the customer makes before receiving them. In fact, it may turn out that these addresses do not exist or the apartment does not give up.
What to look for when renting an apartment if you are doing your own search?
Inspection of future housing should not end with inspection of the apartment. In order for the choice to be successful, you should adhere to certain inspection rules. Note:
- which side the windows face;
- which floor in the house;
- on the type of house (Khrushchev, high-rise building, new building, etc.);
- in what condition is the courtyard area, staircase and staircase;
- which neighbors live;
- how developed is the infrastructure;
- remoteness of public transport.
What to look for
What to see when renting an apartment? There are some more points worth paying attention to:
- how comfortable it was to communicate with the owner of the apartment;
- on the quality of window blocks;
- to work electrical wiring, gas and water supply;
- where are the valves, meters, telephone numbers of dispatch services (in case of an accident).
How to rent an apartment in order not to be deceived
An independent search for an apartment is possible, but it should be remembered that scammers are not asleep! What to look for when renting an apartment so as not to run into trouble? To do this, you need to know the fraudulent schemes and be prepared for them.
In the media, you can come across a lot of ads about renting an apartment. But not always an honest owner is hiding behind an ad. This can be an imaginary author, as well as an owner who can sublet the apartment (that is, the apartment is already rented out). How to check the apartment when renting and what to look for.
Deception schemes:
- Sublease. You can come across scammers who rent an apartment in which the owner has settled them. The change takes place without notice to the owner, often for a larger amount.
- Apartment for a day. Scammers rent a daily apartment, while placing an ad for rent for a long time. Paying a monthly rent to fraudsters, you may encounter the fact that in the morning the owner may come and you will have to vacate the apartment.
- Booking an apartment. Fraudsters advertise on apartments and leave a minimum of contact information. After receiving an advance payment for the reservation, the contacts become unavailable.
- Many comers. The scheme is that the apartment is simultaneously rented to several customers on a prepaid basis. Disappointment of residents awaits at the time of settlement.
- Imaginary host. From the name of this scheme, it becomes clear that the person who rents the apartment has neither the rights to it, nor the name that he introduced himself to. At the same time, they can show you all the documents for housing and personal data, but they will be fake.
- Change in value. The employer may face the problem of increasing rental costs. If an agreement has not been concluded, such a situation can happen to everyone, literally the next month after settling.
- Rent without agreement. If there are several owners of the apartment, there is always a chance to lose the deposit if one of them fails. It is possible to insure yourself by writing these items in the contract.
- Repair at the expense of rent. The scam is that the tenant is invited to make repairs in the apartment on account of the rent, often the repair costs exceed the monthly payment. Upon completion of the repair, the landlord finds reasons to ask tenants to move out.
Housing rental rules
How to check the apartment when renting so that your choice matches your wishes, you will learn by studying a number of basic rules that lawyers advise to adhere to.
Rule number 1. Use the services of professionals.
Various fraud schemes that may lie in wait for a future tenant were outlined above, so use the services of a real estate agency, where competent specialists will select the option you are interested in, check the legality of the transaction and legally accompany you in all the details. But it should be remembered that not only people can deceive, but also organizations.
Rule number 2. Verification of title documents.
What documents to check when renting an apartment? An important aspect here is the conclusion of a contract of employment, to which are attached copies of all documents of title to the apartment, as well as the passport data of the tenant. The title documents include - a certificate of state registration of the right to an apartment. Pay attention to how many owners per apartment, because there may be several owners. Other owners do not always agree with the rent of the apartment. Ask for a utility bill, which indicates whose name the invoices are in. Registration in the apartment is not proof of ownership - remember this.
Rule number 3. Acquaintance with neighbors.
This rule has several advantages, firstly, neighbors know whose apartment this is, and secondly, you can get a lot of necessary, additional information, for example, how often tenants change, who used to live in this apartment, and much more.
Rule number 4. Contractual relationship.
Be sure to draw up a contract of employment, this is what to look for when renting an apartment in the first place! In it, discuss the amount, property transferred, payment terms, and the term for concluding the contract. If there is no form at hand, you can write a contract by hand, but you need to certify the paper by two parties. The contract is concluded for a period of less than a year with the right to extend, otherwise, such a contract is subject to mandatory state registration.
Rule number 5. Inventory of property.
After the conclusion of the contract, it is necessary to draw up an inventory of the transferred property (or include it as an annex to the contract). An inventory of the property is needed so that there are no questions “where did the TV from the kitchen go?”. All property leased is included in the inventory. You can also register the condition of the property.
Rule number 6. Interaction with the landlord.
Be sure to discuss how and when the tenant will check the apartment. The contract should indicate that overhaul and work after an accident (for example, pipe leakage) are the responsibility of the lessor. Otherwise, there may be two options: either you will wait a long time for the owner to correct the situation, or you will repair at your own expense.
Rule number 7. Early termination.
Be sure to specify in the contract the conditions for early termination of the contract from two parties. Usually this is to warn one side or another a certain time before departure.
Room rental in a communal apartment
Renting a room in a communal apartment is possible. Here we consider two options. The first - if the room is privatized, then the owner has the right to do anything with the room under the law. There are certain rules for renting a room in a communal apartment. The owner must obtain the consent of the other residents to rent the room, this procedure is not required, but recommended for a comfortable stay with neighbors. In addition, the rules for using common areas are discussed. For the peace of the neighbors, the conditions for visiting guests are discussed.
The peculiarity of renting an apartment in a communal apartment is its footage. The law establishes that 12 square meters are allocated per person, that is, when two people move into such a meter, the neighbors have the right to appeal to the court for infringement of the rights of other residents.
The second option, if the apartment is not privatized, then the procedure is complicated. In order to rent a room, you must obtain permission from the municipal authority, and it is also mandatory to obtain the consent of neighbors living in a communal apartment.
The contract for renting a room in a communal apartment has its own nuances, because there are third parties involved. The document must register all living conditions, rules of conduct (returning home, driving guests when noise is prohibited, etc.). The agreement also defines the rules for the use of common areas (toilet, bathroom, kitchen, corridor). The consent of neighbors in the form of signatures is desirable to be entered in the contract.
Renting an apartment for a long time
The rules for renting an apartment for a long period include a mandatory check of the apartment for suitability for living. Mandatory verification of window blocks, gas and electrical equipment, the condition of pipes and plumbing. Care must be taken of emergency telephone numbers.
What you need to check when renting an apartment, which is for rent for a long time? Typically, such a living space is rented with furniture and appliances, so an important point is to include all equipment, furniture and utensils in the inventory so that you will not be presented with a bill for a non-existent microwave upon departure.
Be sure to discuss when the tenant needs to provide access to the apartment. It will be unpleasant if in the absence of tenants the owner wants to check the order in the house.
The rules for renting an apartment for a long period dictate paying attention to the terms of payment of utility bills. If you need to pay for them in addition to renting, take an interest, and it is better to personally verify the monthly payments for the apartment. If 8 people are registered in the apartment and no meters are installed on the apartment, you can get unpleasant amounts on the receipt. Therefore, be sure to check all meter readings and record the data in the contract. You can also find out the possible arrears of utility bills, for this you need to contact the appropriate institutions that serve this housing complex.
At the end of the lease, the lessor will check the property transferred to the lessee according to the inventory. In case of damage, the tenant is obliged to compensate for the damage incurred either by compensation of monetary funds, or by independent troubleshooting.
Apartment rental agreement
The apartment rental agreement is the main document that will protect both parties from disputes. What documents you need to check when renting an apartment were written above, but let us dwell in more detail on what the landlord must provide:
- Certificate of state registration of property.
- Certificate of inherited property.
- Gift agreement.
- Contract of sale.
The documents verify the real estate object (its address), as well as the presence of owners. If there is only one owner, ask for an identity document (passport, driver's license). If there are several owners, then in addition to confirming the identity, it is necessary to obtain the consent of other owners for settlement.
The standard contract form includes 8-9 main sections. Lawyers advise you to pay attention to the following nuances when drawing up a contract:
- The heading of the contract indicates the data of the lessee and the lessor: full name, passport data, indicating the registration. The place of conclusion of the contract and the date of conclusion shall be filled.
- The first section is the subject of the contract. It states that the landlord transfers, and the tenant accepts the property for use. The section indicates the data of the transmitted object. His address, evidence of ownership, number of storeys, footage, number of rooms.
- The second section is general provisions. The section indicates that the apartment is for rent with the property that is prescribed in the inventory. , (, ), , , .
- . , . , , . , (, , ).
- . , , .
- – . , . , . , , , .
- . , . . . 11 ( ). . . .
- Other conditions include various aspects, for example, force majeure, compensation for damage, accidental loss of property, and more are discussed. And also the number of copies of the contract is prescribed.
- In the details of the parties should indicate all the data of the lessee and the lessor. Passport details, address of residence and contacts.
The contract is made in duplicate, one for each party. The contract is signed by two parties and from that moment the transaction receives legal status.
Landlord reviews
Landlords themselves are also interested in not stumbling on scammers or negligent residents. Judging by the reviews, they prefer to seek help from agencies where they can present their list of requirements for future tenants. Also, homeowners say that most often they prefer to conclude an agreement, while many residents do not want to be held accountable. In the reviews of landlords about the features of housing rental, one can note a wave of indignation over the fact that many tenants do not comply with the rules for housing rental, which were spelled out in the contract, which leads to conflicts.
Conclusion
How to check the apartment before renting, what documents to consider, how to properly draw up a contract is described in this material. Finding a suitable apartment is easy, it’s much more difficult to properly arrange the relationship between the parties and not get involved in fraudulent activities.