The property was not rented out by the owner. Legal consultation

04.03.2019

What is the order of delivery private apartment for rent? Where to go so as not to be deceived? And what does it take to be taxed? Thanks in advance.

An apartment owned by a citizen on the right private property can be rented out. To draw up a lease agreement, it is enough to resort to the services of a real estate company or by doing it yourself, having sealed the agreement with the signatures of both parties. Even notary certification is not required. The document is legally binding without it. It is best to conclude an employment contract in writing, since when disagreements arise, it is difficult to argue your claims if the relationship is formalized verbally rather than in writing.
Having turned to a real estate company for help in drawing up a lease agreement, you will be offered a package of documents necessary to conclude a lease agreement, which provides for all essential conditions contracts necessary to protect your interests during the term of the employment contract. For more information, you can contact the rental department by multi-line phone 663-15-51.
By renting out a dwelling, you thereby receive income in the form of rental fees. Thus, you have an obligation to pay personal income tax. The Tax Code sets a rate for given view tax in the amount of 13%, provided that you are a tax resident of the Russian Federation. You calculate the amount payable yourself, and no later than April 30, following the tax period, you must submit to tax office at the place of its registration, a declaration of income. More detailed information on filling out declarations, etc. can be obtained by contacting the tax office.

Can I rent a non-privatized room in a communal apartment without the consent of my neighbors? 2-room apartment.

Tenant of residential premises provided under a contract social recruitment, with the written consent of the landlord and his family members living with him, he has the right to transfer part of the dwelling he occupies, and in the case of temporary departure, the entire dwelling is subleased. A contract for the sublease of residential premises provided under a social rental agreement may be concluded provided that, after its conclusion, the total area of \u200b\u200bthe corresponding residential premises per resident is not less than the accounting norm, and in communal apartment - not less than the provision rate. For the sub-lease of a dwelling located in a communal apartment, the consent of all tenants and their family members living with them, all owners and their family members living with them is also required.

What is the tax for a landlord of an apartment in Moscow?

The owner who rents out his dwelling for rent receives income from which he is obliged to pay personal income tax (PIT).
The Tax Code establishes for individuals who are tax residents of the Russian Federation the rate for this type of tax at a rate of 13%, for non-residents the rate is set at 30%.
Tax resident of the Russian Federation is individualstaying on the territory of Russia for at least 183 days for 12 consecutive months (that is, the months of residence preceding the current calendar year are also taken into account) (clause 2 of article 207 of the Tax Code of the Russian Federation). This period is not interrupted when traveling outside the Russian Federation for short-term (less than six months) treatment or training. In any case, tax residents of the Russian Federation are Russian military personnel serving abroad, as well as employees of government agencies sent to work outside Russia (clause 3 of article 207 of the Tax Code of the Russian Federation).
Consequently, if a foreign individual stays on the territory of the Russian Federation for 183 days or more for 12 consecutive months, the tax rate is 13%.
The main criterion is the length of stay of these citizens on the territory of the Russian Federation, and the legitimacy of their stay. Individuals actually staying on the territory of the Russian Federation for less than 183 days within 12 consecutive months are not tax residents of the Russian Federation.
I'm going to rent an apartment. The owner of the apartment died a few months ago. The privatization of the apartment is registered on it. There is:
a) a document on privatization;
b) a will, according to which the apartment is transferred to the niece
c) death certificate of the owner.
Is it possible in such conditions to conclude a lease agreement with your niece, who is now re-registering the apartment for herself?
It is possible to conclude a lease agreement with your niece only from the moment when she formalizes the ownership of the apartment received by will (i.e. after 6 months from the date of death of the former owner of the apartment)

Can I, as an owner, rent an apartment to an individual under a lease agreement, not a lease? Is such an agreement subject to registration if it is concluded for a period of half a year (year). And, most importantly, what rights does the owner of the apartment have? Those. is it possible to consider the contract terminated and evict tenants if they violate their obligations.

1. The very term hiring, rent is not as straightforward as it seems at first glance. According to the current legislation, an individual renting an apartment from the owner must conclude a lease agreement, respectively, in the agreement they are designated as a landlord and a tenant. The lease agreement is concluded only if the dwelling is rented entity... But the owner of a residential premises can be both a legal entity and an individual, respectively, in the lease agreement they are designated as a tenant and a landlord. One of the main differences between a lease agreement and a residential lease agreement is in the subject of ownership of the use of the residential premises, that is, in the one who rents the apartment. In both cases, the apartment is the property of the owner, as evidenced by the title deeds.
2. A residential lease agreement concluded for a period of less than 1 year is not binding state registration.
3. An apartment owner who leases out his property has the right to receive funds in a certain size for renting an apartment. Accordingly, the amount of payment for renting an apartment, as well as the timing of payment are fixed in the lease agreement.
In addition, the contract must also provide for the time and procedure for your visit to your apartment, in order to receive money for rent, as well as to control the order in the apartment itself. From practice, it is usually provided for a visit once a month with a prior notification of the employer one or two days before the visit. To guarantee that the tenant pays for electricity bills, as well as MGTS bills, the safety of the apartment and property in it, the apartment owner takes a security deposit in the amount of a monthly rental fee, which is refundable at the end of the contract, provided that the tenant has transferred the apartment and property to you in normal condition and no payment arrears. Be sure to list in the contract all family members of the tenant who plan to live in your apartment, in order to avoid possible future conflict situations... A very important document is the Act of the transfer of the apartment and property, in which you describe in great detail the condition of the apartment and the list of property, if any, will be transferred to the tenant. The list in the Act must be specific and detailed if you transmit washing machine, then indicate, for example, washer firms ("Ariston"), etc. This is necessary so that after the expiration of the term of employment, your employer does not say that, for example, he bought a TV with his hard earned money, and not you gave him for temporary use. Of course, the lease agreement must provide for the conditions for early termination of the agreement both on the initiative of the lessor and on the initiative of the employer in violation of the terms of the agreement of either party, or on their own initiative. Actually, it is necessary to include all the agreements that were reached in the negotiation process in the lease agreement, because it is known that you cannot sew a word to action, so in order to avoid possible conflicts make all agreements in writing.

Does the law oblige to register a tenant renting a living space under a lease agreement, if he is a citizen of the Russian Federation?

(Extract from the Code of Administrative Offenses of the Russian Federation)
Article 19.15. Citizen accommodation Russian Federation without a citizen's identity card (passport) or without registration
1. Residence at the place of residence or at the place of stay of a citizen of the Russian Federation who must have a citizen's identity card (passport), without a citizen's identity card (passport) or with an invalid citizen's identity card (passport), or without registration at the place of stay or at the place of residence. (as amended by Federal law from 08.12.2003 _ 161-FZ)
shall entail the imposition of an administrative fine in the amount of fifteen to twenty-five minimum sizes wages.
2. Admission by the person responsible for compliance with the rules of registration, residence of a citizen of the Russian Federation without an identity card of a citizen (passport) or an invalid identity card of a citizen (passport) or without registration at the place of stay or at the place of residence, as well as the admission of a citizen of residence in his or in a residential premises belonging to him on the right of ownership without a citizen's identity card (passport) or without registration at the place of stay or at the place of residence - shall entail the imposition of an administrative fine in the amount of from twenty to twenty five times the minimum wage. (as amended by the Federal Law of 25.10.2004 _ 126-FZ)

Please explain the difference between a lease, a lease and a sublease.

A lease agreement is concluded if the apartment is owned by an individual or legal entity, and an individual is renting an apartment, respectively, in the agreement they are designated as a lessor and a tenant.
The lease agreement is concluded only if the residential premises are rented by a legal entity. But the owner of a residential premises can be both a legal entity and an individual, respectively, in the lease agreement they are designated as a tenant and a landlord.
One of the main differences between a lease agreement and a residential lease agreement is in the subject of ownership of the use of the residential premises, that is, in the one who rents the apartment. In both cases, the apartment is the property of the owner, as evidenced by the title deeds.
A sublease agreement is concluded if the apartment is municipal property, i.e. received from the state and not privatized. In this case, the apartment is owned and used by an individual on the basis of a social tenancy agreement, and an individual also rents an apartment. Accordingly, in the contract they are designated as an employer and a sub-tenant.

In a privatized 3-room apartment there are 3 owners, mother, father and son. According to the court, one of the rooms was assigned to the son, i.e. the share is highlighted. Does the son have the right to rent this room?

You can rent a room, but only with the consent of the co-owners and persons registered in this room.

When concluding a lease agreement with the owner of the apartment, is it necessary written agreement people registered in this apartment.

The lease agreement on the part of the Landlord must be signed by all co-owners and all persons registered in this apartment. Registered persons in a dwelling do not have the right to dispose of the dwelling, however, these persons have the right to reside in this dwelling. Therefore, in order to avoid problems, it is necessary to obtain the written consent of the owner, co-owners, if any, and all registered persons in this dwelling.

Is it allowed by law to lease an apartment that is not privatized (for municipal use) and on what terms?

Extract from the Housing Code of the Russian Federation
Article 77.
1. The contract for the sublease of residential premises provided under a social rental contract shall be concluded in writing. A copy of the contract for the sublease of the dwelling provided under the social tenancy contract shall be transferred to the lessor of such dwelling.
2.
3.
Article 77.Sub-tenancy agreement for residential premises provided under a social tenancy agreement
1. The contract for the sublease of residential premises provided under a social rental contract shall be concluded in writing. A copy of the contract for the sublease of the dwelling provided under the social tenancy contract shall be transferred to the lessor of such dwelling.
2. The contract for the sublease of a dwelling provided under a social tenancy contract must indicate the citizens who are to be moved into the dwelling together with the sub-tenant.
3. The contract for the sublease of residential premises provided under a social tenancy agreement shall be concluded for a period determined by the parties to the sublease agreement for such residential premises. If the term is not specified in the agreement, the agreement is considered concluded for one year.
Section 78... Fee for the sub-lease of residential premises provided under a social tenancy agreement
1. The contract for the sublease of residential premises provided under a social rental contract is compensated.
2. The procedure, conditions, payment terms and the amount of payment for the sublease of residential premises provided under a social lease agreement are established by agreement of the parties in the sublease agreement of such residential premises.

I rent an apartment to a young family. The girl is now pregnant. Do they have any rights to the living space? And what will change when the baby is born? In general, what are the risks for me as a landlord in this case?

In accordance with article 679 of the Civil Code of the Russian Federation, tenants who live in your apartment, at the birth of a child, have the right to instill in your apartment their minor child regardless of your consent. This child will not have any other rights to your apartment, he will not be able to dispose of your apartment, he only has the right to live in your apartment with his parents for the duration of the lease agreement.
Article 679. Accommodation of citizens permanently residing with the employer.
With the consent of the landlord, tenant and citizens permanently residing with him, other citizens may be moved into the dwelling as permanent residents of the tenant. When moving in minor children, such consent is not required.
Moving in is allowed provided that the requirements of the legislation on the norm of the total area of \u200b\u200b\\ u200b \\ u200bthe living quarters per person are met, except for the case of minor children.
(as amended by the Federal Law of December 29, 2004 _ 189-FZ)

Do I have the right to rent out an apartment in a new building if the ownership of this apartment is not registered?

In order to rent or lease an apartment, you must first register the apartment in ownership

Rented an apartment a month ago, paying, respectively, a commission to the realtor, rent, deposit, in general a decent amount. Now we are told that the apartment is being sold and asked to vacate the apartment within a week. It turns out that having paid a three-month rent, we only lived for a month.

Article 675(Civil Code of the Russian Federation) Preservation of the lease agreement for residential premises upon transfer of ownership of residential premises
The transfer of ownership of the residential premises occupied under the lease agreement does not entail the termination or amendment of the residential lease agreement. In this case, the new owner becomes the lessor on the terms of the previously concluded lease agreement.

I rent a 3-room apartment, the lease term is coming to an end, please tell me what first of all you need to check in the apartment so that there are no problems later, in addition to the appearance?

Depending on how you have assigned responsibilities for paying rent and utility bills with your employer, you need to check that the employer is fulfilling his responsibilities. In particular, check with the billing center if there are any arrears in payment for electricity (checked by the meter readings and data in the billing center). Payments for long-distance and international telephone calls of the employer are checked at the local exchange. It is also important to find out whether the tenant has caused damage to your living quarters and the property in it, for which you carefully check the property not only for appearance, but also for its functional performance. Otherwise, after the departure of the tenant, it will be difficult to present him with a claim. Be aware that according to the law, the lessor's property must be returned at the end of the lease in the same condition in which it was received, taking into account natural wear and tear (Article 622 of the Civil Code of the Russian Federation). It is very important to check if the tenant has caused damage to your neighbors, especially from the lower floor (for example, by the bay). Why check with the neighbors this question... And if the damage was caused, file a corresponding claim with the employer. Record all the damage caused with the help of an appropriate act with the participation of DEZ employees.
When renting an apartment, how to make sure that the person posing as the owner of the apartment really is its owner, that there will not be any relative living there who does not even know that the apartment is being rented?
Before concluding a rental agreement, a potential tenant needs to check the owner's documents for housing. If a dwelling is owned, then its owner must provide for review a document of title to housing (certificate of state registration of ownership of an apartment (room) and one of the following documents: purchase and sale agreement, donation, exchange, etc.) ... From these documents, you can find out who actually owns the home, their circle. To identify all persons who are not homeowners living in it, it is necessary to take an extract from the house book at the PRUE. If the housing is municipal, then its owner must provide you with a social tenancy agreement and / or a housing order for review, if he does not have these documents, he can take an extract from the house book and a copy of the financial and personal account from the PRUE, from which you can also find out all persons registered in the dwelling. All adult citizens permanently residing in a dwelling must give written consent to rent out the dwelling (rent).

What documents must be provided to the landlord in order to conclude an agreement with you to find a tenant?

You, as a future landlord and our potential client, in order to conclude an agreement with us to find a tenant for your housing, must provide the following documents: if you are the owner of a residential premises - your passport, a document of ownership of housing - a certificate of ownership of housing (certificate of state registration property rights) and one of the following documents: a contract of purchase and sale, donation, exchange of housing, or others you have. If you are a tenant of municipal housing - your passport with permanent registration (residence permit) in this dwelling, an order or an extract from the decision of the Prefecture to provide you with dwelling under a social contract. hiring, social contract (if any), if not, then a copy of the financial and personal account for housing, an extract from the house book.

How can I rent an apartment if I do not have a temporary registration. Will they check in if I have a rented apartment?

Your lack of temporary registration does not prevent you from renting a living space. However, it is important to know that the fact that you have a rented apartment does not yet guarantee your registration in it, since the landlord does not always go to register tenants on his living space. Therefore, for temporary registration, you need to rent a dwelling from any citizen (where you want to live), having previously agreed with him, as with the landlord, about your temporary registration on its territory.

Hello! What if we rent an apartment through you and the hostess kicks us out just like that? How does the contract protect us? I was told that you only have a contract for intermediary information services, and in which case you will not help. What should we pay you 100% for? I would be glad to hear from you.

Our Company - Balog Brokerage, one of the few on the Moscow rental market, guarantees its clients compensation for damage caused by early termination of the lease agreement on the initiative of the Landlord (the owner of the residential premises), in the absence of the tenant's fault (i.e. if the tenant in good faith fulfilled his obligations under payment of rent, targeted use of housing, maintaining it in good condition, etc.). The damage is compensated in two ways, depending on the reason for the early termination of the contract - 1. reimbursement to the client-employer of the commission received from him for the services of the Company; 2. Free relocation of the tenant to another dwelling with characteristics similar to the original rental dwelling. In confirmation of its obligations, the Company is issued a Warranty Card. The specified Warranty Card is issued to those of our customers who conclude an Exclusive Agreement with us. But we also support other clients, re-populate them with a discount in payment, provide legal assistance, etc. Thus, the Company - Balog Brokerage is fully responsible for the services it provides. We want our clients to be satisfied with the quality of our services and to cooperate with us on a long-term basis.

Does a duly executed lease agreement give the right to temporary registration at the place of stay without the consent (participation) of the landlord?

No, it doesn't. Because these are somewhat different questions. By concluding a lease agreement with the owner of a residential premises, you, as a tenant, acquire the right to use the corresponding residential premises for a period specified in the lease agreement. For registration at the place of stay in the rented residential premises, the concluded lease agreement is not enough. The landlord must, together with the tenant, appear at the passport and visa service and give their written consent to register in their living quarters with the tenant.

Registered in a room in a privatized communal apartment, I want to rent it out. Only the neighbors (a family of three) strongly object. Can I rent my room? What countermeasures can neighbors take? They claim there are places common use and the introduction of unauthorized persons will violate the rights of neighbors. How many people can I let on an area of \u200b\u200b13 sq.m. registering temporarily?

If, as a result of privatization, your apartment has become your sole property and you have the relevant documents confirming this (an agreement on the transfer of residential premises into the ownership of a citizen by way of privatization, a certificate of ownership of a room), then you can independently, without asking the consent of neighbors, realize your the owner's right to dispose of his property, in particular by renting it out (renting). To date, the Law does not contain the obligation of the owner of a room in a communal apartment to ask the consent of the neighbors to rent out such a room. On the contrary, the consent of neighbors is required to rent a non-privatized room for rent (clause 2 of article 76 of the RF LC). With regard to common areas, judicial practice follows the following path: the number of tenants of a room in a communal apartment should be equal or insignificantly (by 1-2 people) more than the number of citizens who lived or had the right to live in this dwelling before renting out the room. There is no norm of living (total) area for registration at the place of stay in a privatized room, the restriction is only the above for common areas, and even then, it is not enshrined in the law.

My family and I rented an apartment. Can we change the door lock before the lease expires? The agreement did not say anything about this and did not talk to the landlady about it.

According to Art. 678 of the Civil Code of the Russian Federation, the tenant is not entitled to reorganize and reconstruct residential premises without the consent of the lessor. In this case, replacing the lock during front door in the apartment does not apply to either the reconstruction or the reconstruction of the dwelling. In the contract you have concluded, there is no prohibition on replacing the lock. In this regard, you do not need to obtain the consent of the landlord (apartment owner) to replace the lock. At the same time, according to the Civil Code of the Russian Federation, the tenant at the end of the term of the lease must return to the lessor his dwelling in the same condition in which it was transferred at the conclusion of the contract, taking into account natural wear and tear. Thus, by replacing the lock in the door, at the end of the term of the lease, you will either have to bring the living space to its original state (returning the old lock to its place), or compensate the renter for the cost of these works.

We rented an apartment for a year through an agency. We signed a contract with the hostess. The apartment was in a terrible state, but we agreed with the hostess that we would make repairs (initially, the hostess herself suggested this to us when we examined the apartment), because. it is impossible to live in such an apartment, and the hostess understood this. We made repairs, took out the cockroaches (which the hostess had not warned us about) and cleaned the dirt out of the apartment. Three months after the conclusion of the contract, the landlady, referring to the desire to sell the apartment, asks us to leave. In light of such events, we want to return the money for the repairs, because the agreement on the repair was subject to our residence until the end of the contract, i.e. year. At the conclusion of the contract, we, of course, did not ask her to certify in writing her consent to the repair (this is our mistake), the woman seemed to us decent and, to my direct question, would it turn out that after the repair you would ask us to move out, she was very offended. Before the renovation began, we took photographs of the apartment (shabby walls and ceilings and all the rubbish). Can we return part of the money for the repair if the hostess refers to the fact that although she gave oral consent, she did not confirm this in writing and therefore will not return anything.

You needlessly fear that your repair costs will not be reimbursed, because according to Civil Code RF (clause 2 of Art. 623) only says that such consent must be obtained from the lessor by the lessor prior to the improvement of the leased property, but it is not said that consent must be obtained in writing. It can also be given orally by the landlord. Therefore, you will only need to prove the fact of obtaining such consent with the help of, in particular, testimony, documents, for example, in agreement with the owner of the apartment of certain conditions of repair, etc. In addition, the owner's desire to sell the property is not a ground for terminating the tenancy, so you can stay in the property until your tenancy ends.

Is it possible, or rather, is it legal that I entered into a lease agreement for living quarters (a room in a communal apartment) in the form of a verbal transaction, i.e. orally.

According to article 674 of the Civil Code of the Russian Federation, a lease (sublease) agreement for residential premises, both owned by a citizen (legal entity) and owned by the state (its subject, local government - municipal), must be concluded in writing. Failure to comply with this requirement of the law does not entail invalidity of this agreement, i.e. the contract is recognized as concluded, however, according to Art. 162 of the Civil Code of the Russian Federation, non-compliance with the simple written form of the transaction deprives the parties of the right in case of a dispute to refer to the confirmation of the transaction and its conditions to witness testimony, but does not deprive them of the right to provide written and other evidence.

I am the owner of the apartment. Can I issue a power of attorney to the person living in it for the right to manage the living space that I own? The text of the power of attorney provides for the payment of all taxes and fees, repairs, and maintenance of order. The text of the power of attorney also provides for my granting the tenant the right to carry out all types of insurance, receive insurance compensation, submit and sign applications on my behalf, receive required documents and certificates, sign and perform all actions related to this order. Question: if such a power of attorney is legal, will the tenant not be able to take advantage of this power of attorney in his own interests in case of unfavorable future relations (so far everything is fine) and claim my apartment?

Yes, you can issue such a power of attorney to any competent person, including your employer. To avoid the risk of losing the rights to your home, simply do not give the tenant the right to dispose of (sell, donate, etc.) your apartment. Thus, your tenant will have, based on the power of attorney you issued, only the right to use and own the apartment, as well as some functions for managing it, and fulfilling obligations for you to pay mandatory payments.

Good day! Is a housing appraisal service possible in your company? A year ago, we entered into a lease agreement without noting the shortcomings of the housing in it, now the landlord requires repair of the falling tiles and parquet (we lived a year and a year ago, at the entrance they were like that).
Of course, it is bad that you did not write down the shortcomings of the housing and property transferred to you in it. This is very important as it protects both parties to the employment contract. However, the condition of the housing at the time of its acceptance can be confirmed by testimony (preferably not interested persons - neighbors, utility workers, although it may be your friends). In any case, the renting of housing for rent should not be a means of illegal gain for the landlord, in particular through an unlawful demand from the tenant who finds it difficult to confirm the condition of the housing, unjust enrichment. The landlord receives rent for renting (renting) housing and is not entitled to demand repairs from the tenant, unless there was a corresponding agreement on this before the conclusion of the contract, or the tenant by his actions seriously worsened the condition of the home. Let me remind you that according to the law (Civil Code of the Russian Federation), the tenant is obliged to return the housing to the lessor in the condition in which he accepted it, taking into account its natural wear and tear. Our company, being the leader among Moscow real estate agencies, provides its clients with the widest range of services in support of real estate transactions, including real estate appraisal. The company has qualified employees licensed to carry out appraisal activities.

Good day! Are there any tax incentives by income tax for pensioners and disabled people for the amount received from renting an apartment?

According to the current Tax Code of the Russian Federation (Article 218), the following tax deductions for income tax are provided for certain categories of citizens: patriotic war - in the amount of 3000 rubles for each month of the tax period; Participants of the Great Patriotic War, participants of the blockade of Leningrad, invalids from childhood, invalids of groups 1 and 2 - 500 rubles for each month of the tax period. In addition, the Tax Code of the Russian Federation provides tax deduction in the amount of 300 rubles for each month of the tax period - to persons (parents, their spouses, guardians, trustees) who support children under 18 years of age, as well as students in educational educational institution full-time - at the age of up to 24 years.

I want to rent an apartment for long term... Question: is the lease contract subject to registration at the BTI, do I need to register as an individual entrepreneur and pay 6% tax. The thing is, I don’t want to do that. Do I have the right to simply pay personal income tax and do I need to register this agreement with the tax office, if so, which department should I contact? Thank you.

The lease agreement for residential premises in the BTI (Bureau of Technical Inventory) is not registered, nor is it registered in the Main Directorate of the Federal Registration Service for Moscow (formerly Mosregistratsiya). The specified agreement is subject to registration in the DEZ (REU) serving your living quarters. Registration as individual entrepreneur your own business. If you want to reduce the tax burden, then of course there is a sense. At the same time, you do not have to register as an entrepreneur and, while remaining in the status of an individual, when renting out your home, you will be required to pay tax on income received from renting out housing - at a rate of 13%. The lease is not subject to registration with the tax office. It will only need to be submitted to the relevant tax office by April 30 of the corresponding year, simultaneously with the filing of the income tax return. In the declaration, you must indicate all income received in the reporting period, incl. rental income. And in confirmation of the amount of such income, you will present your lease agreement and other documents.

The form of payment for renting an apartment can be, for example, performing repairs after the end of the contract. How does the landlord pay taxes in this case?

If the payment for the rent of real estate is not money, but other security, in particular repairs, then the tax must be paid by the lessor on the cost of the repairs made to him. Since, despite the natural nature of this rental fee, it still has a monetary value and is, from the point of view of tax legislation, the taxpayer's income for the financial year from which the tax should be paid. The cost of repairs must be confirmed with the tax authority by providing the appropriate receipts, receipts for payment building materials, contracts with construction organizations for the performance of construction work, etc. From the cost of the specified building materials and renovation works and the tax is paid.

Is it possible to rent a privatized room in a communal apartment without the consent of the neighbors?

The owner, in accordance with Article 209 of the Civil Code of the Russian Federation, has the right to own, use and dispose of his property in accordance with the law:

"one. The owner has the rights to own, use and dispose of his property.

2. The owner has the right, at his discretion, to perform any actions with respect to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienate his property into the ownership of others, transfer them, while remaining the owner , the right to own, use and dispose of property, to pledge property and burden it in other ways, to dispose of it in a different way ”.

Consequently, the owner of the room has the right, among other things, to rent out his room in a communal apartment. If, in the process of living, the tenant infringes upon the rights of neighbors in the apartment, then the neighbors have the right to put forward demands to eliminate these violations, up to the termination of the lease agreement with this tenant. Renting out a room in itself does not constitute an infringement of the rights of flatmates.

However, if your neighbors are categorically against, the tenant of the room may have problems with living in this apartment, the owners of other rooms in the communal apartment can create unbearable living conditions for your tenants. Therefore, in any case, it is better to try to negotiate with neighbors, and if this fails, then at least reduce the risk adverse consequences for employers. Moreover, following jurisprudence, when moving into tenants, you need to take into account next moment: the number of tenants to be moved in should not exceed the number of registered persons in this apartment.

Is it possible to rent an apartment in a new building if the ownership of the apartment has not yet been registered?

In order to rent or lease an apartment, you must first register the ownership of the apartment.

I want to rent a room in a two-room communal apartment. Tell me if the consent of the neighbors is required for the temporary registration of the tenant if there is a lease agreement. My room is privatized.

If you are the sole owner of a dwelling, then you do not need to obtain the consent of neighbors to register your tenant.

But do not forget that your tenants will use common areas in the residential area, therefore, in order to avoid conflicts, it is necessary to agree in advance with your neighbors about the accommodation of your tenants.

Do I need to notarize the lease agreement?

In accordance with current legislation, a lease (sublease, lease) agreement can be concluded in a simple written form.

Notary is possible by agreement of the parties to the contract.

I own ½ share in a two-room apartment. Can I rent it out.

The disposal of property in shared ownership is carried out by agreement of all co-owners.

Accordingly, you have the right to rent out the owned 1/2 share in the apartment, but only with the consent of all the co-owner.

In what cases the landlord receives a deposit. In what cases it is not refundable.

When renting out an apartment (rent), it is advisable to provide for the receipt of a security deposit by the owner of the apartment from the tenant in the contract. Typically, this amount is the monthly rent for an apartment.

These cash are the pledge of the safety of the apartment and the property in it during the term of the lease agreement, as well as the guarantor of payment by the tenant of payments for electricity, an invoice for long-distance calls and other services that must be paid by the tenant in accordance with the agreement.

At the end of the rental agreement, the security deposit is returned to the tenant, provided that the apartment is transferred without any obvious damage, without arrears in payments paid by the tenant.

Is a six-month employment contract subject to registration?

A residential lease agreement concluded for a period of less than a year is not subject to mandatory state registration.

Can the owner of an apartment rent it out without the consent of a person registered in this apartment?

To rent out an apartment owned by right of ownership, it is necessary to obtain the consent of the co-owners (if any), and it is also necessary to obtain the consent of all registered persons in this dwelling. Registered persons in a dwelling do not have the right to dispose of the dwelling, however, these persons have the right to reside in this dwelling.

What is the difference between a lease, a lease and a sublease of a dwelling?

A lease agreement is concluded if the apartment is owned by an individual or legal entity, and an individual is renting an apartment, in the agreement they are designated as a landlord and tenant.

The lease agreement is concluded only if the residential premises are rented by a legal entity. But the owner of a residential premises can be both a legal entity and an individual, in the contract they are designated the tenant and the landlord.

The sublease agreement is concluded if the apartment is not privatized. In this case, the apartment is owned and used by an individual on the basis of a social tenancy agreement, and an individual is renting an apartment. In the contract, they are respectively designated as an employer and a sub-tenant.

The apartment has been privatized as an equal property for two people. Can one of the owners rent out this apartment or a separate room without the consent of the other owner?

To rent out an apartment owned by the right of common joint or shared ownership, it is necessary to obtain the written consent of all co-owners (article 1 of article 246 of the Civil Code of the Russian Federation).

In addition, it is necessary to obtain the consent of all registered persons in this dwelling. Registered persons in the dwelling do not have the right to dispose of the dwelling, however, these persons have the right to reside in this dwelling.

11.04.2009, 12:00

11.04.2009, 12:07

No, it will not.

11.04.2009, 12:11

No, it will not.
And if the son has a power of attorney?

11.04.2009, 12:28

If the registered person does not have the right to use, then he cannot do anything at all. But by trust, yes. Only there should this action be indicated.

11.04.2009, 17:21

And if the son has a power of attorney?
In the conditions of the problem, this is not said about it. And to fantasize laziness. You can also assume trust management of the apartment, but why?

11.04.2009, 21:55

Or just rent without a contract, etc.?

11.04.2009, 23:27

If the registered person does not have the right to use, then he cannot do anything at all.

: 016: Ppptranslate: 028:

Leslie Winkle

12.04.2009, 00:22

Tell me, who has the right to rent out an apartment - only the owner, or maybe just the person registered in it? We are going to rent an apartment with a contract, the contract must be submitted to work for partial compensation of the rent. But in the Ktr apartment, we chose the owner who lives in another city, the son (registered there) rents and the owner. the contract is also it. Will such a contract be valid?
we are currently renting such an apartment - the owner (son) lives in another country, so the contract was concluded with his father, who acts by power of attorney on behalf of his son ..

Nadyushka's mom

14.04.2009, 15:18

Tell me, who has the right to rent out an apartment - only the owner, or maybe just the person registered in it? We are going to rent an apartment with a contract, the contract must be submitted to work for partial compensation of the rent. But in the Ktr apartment, we chose the owner who lives in another city, the son (registered there) rents and the owner. the contract is also it. Will such a contract be valid?
You can, of course, rent, but you can also have problems, for example, the owner suddenly arrives and you will be forced to leave the apartment in 24 hours without refunding the deposit.

14.04.2009, 16:28

A friend rented a similar apartment, lived in it for 10-11 years. Rented by parents, and the owner is a daughter living abroad. She filmed through an agency with a contract, etc. There were no problems.

14.04.2009, 18:47

And I have a question.

14.04.2009, 19:03

And I have a question.
Situation. A service room in a multi-room communal apartment. The tenant died about 8 years ago (the death certificate was not provided anywhere, he is still being counted on to / from the housing office). His son, daughter-in-law (wife of the second son) with minor children remained registered there. In fact, none of them lived for 8-10 years, and accordingly, no one paid for the rent. Now they want to rent this room. Do they have the right to do this (service room)?

Since the official does not belong to them, the owner can hand over the current.

And the second question is whether it is possible to rent a room in a communal apartment where the owner is a minor.

This is all according to the law, in fact everyone is hammered into it, unless, of course, it suits the employers.

14.04.2009, 20:13

Or maybe someone can tell you about this situation: there is a room. The owner of her fate is not at all concerned. In order not to even pay the rent, he entrusted it to relatives. Those want to hand over. It remains unclear whether this can be done so that the residents then have no problems with the police (the communal apartment is restless: the neighbors want to live alone). And is it possible to pay taxes for the owner so that there are no problems with this either. He himself does not want to hit a finger (they asked for a power of attorney - not in any).
Or just rent without a contract, etc.? Theoretically, it is possible, acting in the interests of a third party, in practice it is more difficult.
only with the permission of the guardianship and guardianship authorities.
This is all according to the law, in fact, everyone is hammered into it, unless, of course, it suits the employers. What are you talking about? Parents rent on behalf of their children without alienation without anyone's consent (or a link to the studio), if the minor owner lives in the apartment, another owner is going to rent out a part of the apartment, then the more nobody's consent is required.

14.04.2009, 20:37

This is to the question of whether the permission of the guardianship authorities is necessary if the parents of a minor decided to hand over his property under a lease agreement: Order of the Ministry of Justice of the Russian Federation of July 20, 2004 N 126, Moscow On approval of the Instruction on the procedure for state registration of the rights of minors to real estate and deals with him

... "8. When conducting a legal examination of documents and checking the legality of a transaction, it is necessary to establish whether, in accordance with the legislation of the Russian Federation, the preliminary permission (consent) of the guardianship and trusteeship body is required. According to the legislation of the Russian Federation, the preliminary permission (consent) of the guardianship and trusteeship body is required including in cases:

Leasing (leasing), granting for gratuitous use, pledging property owned by a minor under the age of fourteen years, by legal representatives or giving consent by legal representatives for such transactions to be made by a minor between the age of fourteen and eighteen years (paragraph 1 of Article 28, Article 37, paragraph 2 of the Code, Article 60, paragraph 3, Family Code); ... "

Just do not say that you do not need to obtain permission from the guardianship authorities for an employment contract concluded for a period of less than a year, because it is not subject to state registration!