Who can rent out the apartment? Renting an apartment without intermediaries for a long time

12.09.2020

The dream of many is to own several residential premises, rent them out and live happily ever after. Outwardly, it might look attractive, but in reality, renting is a huge headache for the landlord. We need to constantly solve a bunch of problems: tax, finding bona fide tenants, repairs, etc. Let’s try to figure out this difficult issue.

A step-by-step plan on how to rent out an apartment correctly

If you have a free apartment, it can be turned into a good additional income. Of course, you will encounter many difficulties, but they will mainly be at the initial stage.

Step one

The first stage is the preparatory stage; all that is required of you here is to research the market.

Before posting an ad online or contacting an agency, you need to study what offers are already available, what landlords indicate in the ad, and review the offers of potential competitors.
Explore well-known ad sites. Study their structure, text presentation, and what prices exist. It is worth paying attention to what the price tag depends on (area, availability of furniture, repairs, etc.).
It is worth paying attention to the fact that the rental price will depend not only on the beautiful renovation. The cost is also influenced by such factors as: the area (the closer to the center, the more expensive it is), the presence of various infrastructure nearby ( entertainment centers, shops, kindergartens, etc.), transport accessibility, neighbors, condition of the apartment, area and many others.
After conducting this research, you can already roughly estimate the cost of your premises.

Step two

The essence of this stage is preparing the apartment for rent. In any case, you will have to do at least minor cosmetic repairs to give the apartment a presentable look.

Initially, you need to get rid of all the junk in the apartment, which is clearly not useful to future tenants. Different bedside tables in the style " Soviet Union» obviously will not give the apartment an attractive appearance. It is advisable to make the interior as modern as possible; “grandmother’s options” are not quoted today.
The apartment must be equipped with all necessary small appliances and furniture. Of course, some landlords also offer unfurnished options, but such premises are unlikely to be in great demand, and their rent is much lower.
Before renting out an apartment, you need to pay all existing (if any) debts for utility bills and remove personal belongings.
Be sure to check the condition of the wiring, plumbing, household appliances, etc. If any emergency situation related to the malfunction of one or another device that was already in the apartment, you will have to deal with the consequences. It will be especially unpleasant if the tenant’s expensive equipment is damaged due to faulty wiring, the cost of which you will have to reimburse.

Before renting out an apartment, it is advisable to insure it (whether you are planning to rent legally or not), this way you will protect yourself from possible risks and costs in the future. When insuring property, you need to take into account any possible troubles: fire, flood, explosion, etc. If the rental is formalized, insurance is a mandatory item, but in this case the insurance premium will be slightly higher.

Which apartment will be in demand?

Of course, not every room will be of interest to potential residents. In order for an apartment to be in great demand and begin to generate income, it must meet certain requirements:

One of the main factors is the location of the apartment. Naturally, premises located closer to the center are in great demand and have much high cost. The location factor includes not only the city area, but also the general location of the living space. This includes the following points: sunny side, floor, corner apartment or not, etc.
Of course, tenants pay attention to beautiful and modern renovations. Even if the apartment is very clean and tidy, a room with European-quality renovation will be in much greater demand, and the rent in this case will be much higher.
Mobilization. Apartments with furniture and household appliances are more interesting to potential tenants. At a minimum, the apartment should have: a refrigerator, a gas stove, a TV, a sofa, a bed, a table, etc.

Step three

The next stage is already related to submitting an advertisement, but so far indirect. The task at this stage is to photograph the apartment correctly.

A potential tenant will pay attention primarily to photographs of the premises. Therefore, they must be made with high quality, using a good camera.
When photographing your premises, you need to show all its most advantageous aspects. Often, professional photographers are hired for this task, but you can handle this task yourself.
Before you start taking photos, you need to take a close look at your apartment. Look from what angle this or that room will look more advantageous.
Before the photo shoot, you must do a wet cleaning. Dust and dirt will be very noticeable in the photo, which will greatly spoil the view.
It is advisable to make the photo look cozy; you can add a couple of accessories that will make the atmosphere more “homey”. Soft toys, pillows, flowers, etc. will help you cope with this task. If you feel sorry for leaving these things, you don’t have to leave them, but just capture them in a photo. After all, a potential tenant will not pay attention to these little things when inspecting the apartment live, but in the photo they create a nice, warm “picture”.
It is better to conduct a photo session during daylight hours and preferably on a sunny day. In daylight, natural light, the room will seem more comfortable than in the artificial light of a chandelier.
You need to take a lot of pictures, people are attracted by the abundance of pictures. The more high-quality photos you take, the higher your chances of renting out your premises.

Step four

This is one of the most important stages - writing an ad. It should have as much information as possible, but at the same time not be overloaded and difficult to understand.

The ad must contain a description of the apartment, availability of a balcony, renovation, area, infrastructure, etc.
It is necessary to indicate the features of the layout and the apartment itself (glazed balcony or not, combined or separate bathroom, sunny side or not, corner apartment, etc.).
The text of the advertisement may also contain requirements for potential tenants, for example, someone rents out housing only to married couples, or exclusively to students. Each landlord has individual requirements, but you shouldn’t go to extremes and make inflated demands, especially if your apartment is in economy class.
Before posting an ad on the site, you must check the text for errors, both spelling and punctuation, as well as speech and grammar. Be sure to read the text before sending to remove unnecessary repetitions and typos.

Step five

There will be no difficulties at this stage, because the main task here is to place an ad.

You should choose the most popular sites with advertisements; this is easy to do; they are all well known. You should not place ads on little-known sites; people rarely visit them, but scammers often operate.
You can advertise in the newspaper; this is one of the most reliable ways to protect yourself from scammers. But newspaper ads have disadvantages: you can't place photos, and often the size of the text in the column is limited.

Step six

Once the ad starts working, you will receive a lot of calls from potential clients. The very first telephone conversation is very important; the landlord must inspire confidence and clearly answer all the interlocutor’s questions.

During the conversation you need to be polite, but do not try to impose your apartment on the client. It is enough to say a few words of praise and answer questions.
When you first communicate with a potential tenant, you need to find out whether he agrees to your terms and meets the requirements (i.e., if you are looking for a non-smoking tenant, you must clarify this detail during the very first conversation so as not to waste time).
If, based on the results of the telephone conversation, both of you are satisfied with everything, you need to arrange a meeting. If you have several tenants, it is advisable to schedule time for everyone on the same day with a difference of 20 minutes. This is done so as not to have to go to the apartment every time, and sometimes people don’t come to the meeting at all, so why bother yourself once again. There is nothing wrong with this; people looking for an apartment also consider several options.

Step seven

This stage is one of the most important – showing the apartment. At this moment you need to be as confident as possible in order to inspire confidence in the client.

Before showing the apartment, you need to arrive before the tenant in order to have time to clean up and make it beautiful. And it’s just not nice to be late; the impression of you will be formed from the very first seconds.
You need to show every room, including the kitchen, bathroom, etc. Be sure to tell how long ago the renovation was done, how nice the neighbors are, etc.
When showing the premises, the landlord should also take a closer look at his future tenant. It is necessary to clarify once again with whom he is going to live, whether there are bad habits, small children, etc. (if this is fundamentally important, of course).
If the client has doubts, do not put pressure on him. If you don’t like your premises, no amount of persuasion will help, but if a person is seriously interested, he will definitely return to you.
Clients are not always familiar with the area in which the apartment is located; it is necessary to tell them what shops, infrastructure, etc. are nearby.
It is not necessary to wait for every question; tell us about all the features of the apartment yourself (is there hot water, do you leave a washing machine, is there Internet and cable TV, etc.). But don’t be too intrusive in your story and don’t embellish the reality.

Step eight

This stage is purely formal - drawing up an agreement. The document must indicate the requirements for the tenant, failure to comply with which may result in the contract being terminated.

The agreement must be drawn up in two copies: one remains with the landlord, and the second with the tenant.
The document, in addition to the requirements for residents and the condition of the apartment, must indicate the amount of the monthly rent and the approximate length of stay of the residents, which can be specified specifically. Be sure to specify the conditions under which a tenant can be evicted from your home.
Before drawing up an agreement, you need to record meter readings and photograph the passport of the future tenant in order to avoid unpleasant situations, or to avoid becoming a victim of a fraudster.

Mandatory clauses of the contract

The full names of both parties entering into the agreement, the passport details of the tenant and the landlord must be indicated.
Size rent, the terms within which the tenant is obliged to pay the rent. Additionally, the conditions for changing the cost should be indicated (if this clause is not present, the tenant does not have the right to increase the monthly payment);
How often can a tenant check the apartment? If you want to occasionally visit the tenants without warning, include a clause in the contract that allows you to do this. Without this instruction, the landlord can visit the tenants only after warning, but in this case he will not be able to protect himself from some of the risks described below.
The contract must indicate who pays for utilities. If the landlord agrees to bear these expenses (which is extremely rare), he also states this in the document.
If the owner of the apartment wants to impose any restrictions on the use of the apartment, he must indicate this in the contract.
The document should indicate a list of persons who will live in the apartment. The tenant must notify the landlord that additional people will live in the apartment and agree with him on the possibility of their accommodation. If necessary, additional persons can be included in the agreement.
Naturally, there must be conditions for terminating the contract; here you can indicate under what circumstances the tenant can be evicted.
Other conditions at the request of the apartment owner.

Sometimes clients are very meticulous people and may require some documents from you to ensure the purity of the transaction, here are the documents you should have with you in such a case:

passport (a copy is possible);
certificate of ownership of housing;
receipts that confirm the absence of debts for utilities.

This is a package of mandatory documents, the client can demand anything, but it is worth paying attention, if the requests of the future tenant seem quite strange to you, you should think about whether you need such a tenant.

Step nine

This is the most pleasant moment for the owner and the most unpleasant for the tenant - prepayment. Everything is simple here: the amount is discussed in advance, so no difficulties should occur. It is advisable to record all financial transactions and sign both parties to avoid misunderstandings in the future. Keep a special notebook for these purposes, where you will write the amount and sign that you received it, and the tenant will sign for giving it to you. Don't forget to indicate the number. Having such a notebook, you and your tenant will be sure that no questions regarding the financial part will arise; every time you can look at the records and check the availability of payment.

Main risks for the lessor

If you are going to rent out your apartment, be prepared for the fact that certain difficulties and unpleasant situations may arise. The landlord must always be mentally and physically prepared for all sorts of unpleasant situations.

Damage to property

Of course, the tenant will treat your property differently from his own. Be prepared that after each tenant you will have to do cosmetic repairs, especially if these are people with small children and animals. It is imperative to include a clause in the contract, by signing which the tenant undertakes to restore all property damaged by him.

Sublease

IN Lately a very common type of fraud, especially in big cities. The scheme of this type of fraud is extremely simple: they rent an apartment from you, and then rent it out to other tenants, increasing the cost several times. Very often, rented apartments are rented out to guest workers using this scheme, since they live in groups of several people and a huge amount can be taken from them. It is very easy to uncover such a deception: most often, neighbors report that there are a lot of tenants in your apartment and they are behaving noisily. You can also sometimes visit tenants without warning.

Huge number of residents

This problem is similar to the previous one, but in this situation the tenant allows guests in free of charge. Some landlords are not embarrassed by the residence of numerous friends and lovers, especially if they do not cause much inconvenience (which is extremely rare). Sometimes tenants set up brothels or drug dens; be careful, because in such a situation the owner of the apartment will be held accountable to the law, even if he had no idea what was happening in it. You can also control this situation with the help of neighbors or personal visits.

Illegal actions of tenants

Sometimes there are cases when tenants steal, set fire, or sell property from the apartment. It is to prevent such situations that you need to photograph the passport of the person you are going to let into your home. This problem needs to be solved with the help of the police, since this is already a criminal offense. If a person refuses to show his passport, think a thousand times whether you should trust him and for what purposes he needs your apartment.

You can avoid such unpleasant situations by renting out your apartment officially, but in this case you will lose a little in income, but you will completely protect yourself from fraud. You just need to choose a real estate agency with a good reputation (look at the recommendations of famous realtors, reviews on the Internet, etc.), and the company’s employees will help you find responsible tenants, conduct an inventory of the property, draw up and execute an agreement, etc.

Fines

In law Russian Federation Income from apartment rentals is subject to taxes. If you want to rent out an apartment unofficially, you risk running into a huge fine. In addition, a person who avoids filing a tax return risks being imprisoned for six months (if the amount of unpaid taxes is more than one hundred thousand rubles).

Tax system

If you want to do everything according to the law and formalize the lease, you will be required to pay taxes on your income. There is a standard procedure for paying personal income tax for individuals. An individual entrepreneur can choose from several offers:

General taxation regime. In this case, the lessor is obliged to pay 13% of his income and collect certificates confirming that the calculations were carried out correctly.
Simplified taxation system. Here the tax contribution is calculated based on income, but on average it is about 6% of total income.
Patent taxation system. In this case, there is no specific interest rate. There is no need to pay taxes at all, but you will need to buy a patent, which is quite expensive. The cost of a patent is different in each region. Additionally, with such a system it is necessary to make contributions to tax funds.

Trying to reduce the percentage of tax deductions, some tenants specify in the contract a rental amount lower than the real one, but this method is illegal. The agency will tell the owner in more detail about all possible taxation systems, and they will definitely help you choose the most profitable option.

Daily apartment rental

You can rent out an apartment not only for long term, but also daily and even hourly. This type of business is much riskier. The best option for daily rent is a one-room apartment, since utility bills will be much lower; in a one-room apartment it is much easier to make modern renovations, as a result of which the rent can be much higher.

The ideal location for an apartment for daily rent is an area near the station or city center. Why these particular areas? Because mainly business travelers are interested in such apartments.

Pros of daily rental

If necessary, you can always use the apartment (if at that moment there are no residents there);
Good income. Such apartments are in great demand, especially during the holidays (but in this case there is a risk of property damage, do not forget to take all the precautions described above);
With this type of lease, registration of an individual entrepreneur is not required;
If the apartment is initially in good condition, this is a good source of income from scratch, requiring only advertising and a little preparation of the premises.

Disadvantages of daily rental

Neighbors' complaints. Sometimes tenants are very loud, but this problem can be easily solved by choosing clients responsibly. Some neighbors are concerned about the constant flow of strangers.
Some clients do not behave entirely responsibly and can damage your property. To protect yourself from these types of problems and the financial costs associated with them, always take a photo of each client's passport.

At daily rental apartments there is a certain list of expenses, it includes such items as:

Tax contributions (if you are going to register as an individual entrepreneur);
Advertising materials (you can use free sites with advertisements, but this method is less effective, since advertisements are posted on such “boards” every minute and yours will go down to the very bottom very quickly. And in order for the advertisement to be pinned at the top, you will have to pay for it );
Cleaning the home and washing bed linen. You can avoid these costs and do the actions yourself, but then most You will spend your life looking after a ghost to tidy up your apartment. It is much easier to contact a cleaning company.
The cost of consumables (usually very small), such as toilet paper, soap, sugar, tea, etc.
Payment of utility services. With daily rent, it will no longer be possible to “hang” this expense item on the residents.

Renting out an apartment is a good way to earn extra money. But, like any business, it has its pitfalls and certain risks. At first, not everything may work out, and at first the income will only cover the initial expenses, but after a certain amount of time, the apartment will become an excellent source of income. Renting an apartment is not difficult either on your own or with the help of an agency, but it is worth remembering that tax evasion in the Russian Federation is a criminal offense.

First, you need to decide who has the right to rent out residential premises? First of all, these are apartment owners, that is, citizens in whose name it is registered.

If the owner cannot be personally present when renting out his property, then another person can act on his behalf with a notarized power of attorney.

If there are several apartment owners, then consent to rent out housing must be obtained from each of them, also certified by a notary.

Those living in the city on the basis of a social tenancy agreement can also rent out part of their apartment, but only after receiving the appropriate permission from the local authorities.

It is important to know! Regardless of whether the housing is owned or rented by municipal authorities, when deciding to rent out parts of square meters in an apartment in which more than one person lives, it is necessary to obtain written consent all adult family members, living and registered in this apartment.

If there are minors, official permission from the guardianship authorities at the place of residence is required to rent out part of the living space.

Consent in writing must also be obtained from neighbors if the room being rented is located in a communal apartment.

For the information of those whose apartment is located, it will not be possible to rent it out without the consent of the bank. The main reason is that the mortgage loan was issued for the use of residential premises for private purposes. Renting out an apartment is already considered a business activity. The bank has the right to demand early repayment of the loan.

Is it possible to do without intermediaries?

The decision to rent out the apartment has been made. The question arises, how to proceed? Of course, you can contact a real estate agency and use its services. Most likely, a decent company will even have ready-made candidates for moving into an apartment.

But, it should be borne in mind that the agency does not bear any obligations to the landlord. That is, the client is usually a stranger, and if a conflict situation arises in the future, the owner of the apartment is left alone with the tenant.

Therefore, you can do rental housing on one's own. It is necessary that during the period of searching and renting out housing the landlord has free time for conducting telephone conversations and showing apartments.

To successfully rent out an apartment close attention should be given the following questions:

Prepare the apartment for rent: remove unnecessary things, make cosmetic repairs if necessary, be sure to put the plumbing, electrical, and all counters in order.
Decide on the price of renting an apartment.
Decide how to search for clients.
Prepare in advance.
Have all the documents necessary to rent an apartment.
Find out what taxes you will need to pay on income from rental housing.

Determining the optimal rental cost

First you need to determine which category the apartment you are renting belongs to. The division in the real estate market is purely conditional, not enshrined in any way by law, but this is a rather important, practically decisive point in determining the monthly rent. So, housing can be:

Elite– houses are usually located in prestigious areas, with individual layout and European-quality renovation.
Business Class- these are apartments in mass-construction buildings, quite spacious, the renovation is usually good.
Economy class– small-sized apartments, most often on the outskirts of the city, the quality of repairs is at the discretion of the owner.

In addition to the apartment category, the rental price is influenced by the following factors:

Distance of the residential building from the center(the closer to the outskirts of the city, the lower the price).
How developed is the infrastructure?(availability of shops, kindergartens, schools, sports and entertainment centers within walking distance).
Transport interchange(how quickly and conveniently it is to get from the location of the house to other areas of the city).
The apartment is filled with furniture and household appliances.

Having soberly assessed the level of the apartment being rented, you need to conduct your own marketing research. To do this, a selection of advertisements is carried out from the Internet or from printed publications with prices on the rental housing market of exactly the category and location to which the apartment being rented belongs. Based on the collected data, the rental price is determined.

How to look for clients

When renting out your home yourself, there are several ways to find tenants.

First you need to try to find a client through your friends or relatives. Perhaps this best option, since the client will not be a person from the street, but with a recommendation from people he trusts.
Placing an advertisement for an apartment for rent in various media: on special websites on the Internet, on television (creeping line), in print publications.

The advertisement must provide the most complete information about the housing being rented out: area, floor/number of floors, area where the house is located, infrastructure, availability of repairs, furniture, and household appliances. It is also necessary to list the requirements for the future tenant (gender, age, marital status, presence of animals) and rental price.

When you first meet a potential tenant, you should definitely look at his passport.

Lease contract

Having decided on a tenant, an apartment rental agreement is signed. You should approach this document not formally, but with all responsibility, and try to cover all the important issues in it:

Information about the apartment and the landlord: address, number of rooms, document confirming ownership of the rental space.
Information about the tenant: a list of everyone renting the apartment by name, their passport details, permanent registration address.
The terms of payment for rent are negotiated: monthly amount, terms and methods (transfer from hand to hand, transfer to a bank account, credit to the landlord’s card). It is necessary to provide for the payment of the “last installment” - a deposit when payment is made for the first and last month of residence, which is a kind of insurance for the apartment owner against unforeseen situations.
The owner will no longer be able to come to his apartment at will, so the time and timing of the visit must be noted in the contract.
A clause on the responsibility of the tenant and on cases of early termination of the contract is required: violation of public order, accidents caused by the tenant and damage to property, delay in rent.
There must certainly be a clause stating that the apartment is rented only for personal use (residence) and subletting is prohibited.
Other living conditions: number of people, presence of animals.
Contract time.

It is important to know! An agreement concluded for a period of more than one year is subject to mandatory registration with authorized state bodies. Therefore, the contract is usually concluded for 11 months with further extension. It is also necessary to register the agreement if the tenant is a legal entity.

Documents required for renting an apartment

To ensure that no one has any unnecessary questions when renting an apartment, the following documents are required:

Certificate of ownership of residential premises.
Passport of the lessor or a person representing his interests.
Notarized power of attorney from the representative of the apartment owner.
Written permission from all residents of the apartment and co-owners of the property.
Certificate of absence of debt on utility bills as of the date the tenants moved in.

For your information! The residential rental agreement must include: The act contains an inventory of the property transferred for use and its condition. The condition of the apartment, communications and plumbing is also described.

Taxation of income received from rent

Income received from renting out an apartment is subject to personal income tax.

A declaration in form 2-NDFL is submitted to the tax office once a year before April 30 of the year following the reporting year. Let’s say the apartment was rented out in 2015, the declaration is submitted within the specified period in 2016.

A copy of the premises rental agreement is attached to the declaration.

Mistakes when renting out an apartment

Usually mistakes are made by inexperienced owners of living space who are renting out their apartment for the first time. This material will not even consider the case of renting housing without a contract. No contract - no obligations.

The main mistakes in a frivolous approach to the clauses of the lease agreement are their incomplete coverage. If any of the conditions are not specified, then the following situations are likely to arise:

new residents or animals appear in the apartment;
housing;
property is damaged, and it is not possible to recover the damage.

Another common mistake: no additional information about the tenant. Of course, his main document is a passport, but it’s a good idea to inquire about his place of work (study), take the phone numbers and addresses of close relatives.

How to minimize problems when renting out an apartment? Answers to the video

Quickly, with maximum profit and without hassles - this is what every landlord dreams of. And indeed, among the tenants there are cunning guys who are able to rent out the apartment to ten more citizens, taking the owner’s TV as a farewell. How to anticipate such situations?

Providing housing for rent can generate reliable and constant income. Also, this type of activity does not require large expenses: it is enough to find a reliable tenant and earn passive income. However, in recent years, this type of entrepreneurship has increasingly come under the radar of tax authorities. Tighter control of the rental market has already made owners and potential investors think - is the game worth the candle? Does this business entail too many complications and costs? Is it so easy to rent out an apartment and what do you need to know so as not to make mistakes and act strictly within the law?

To assess the risks and benefits, you need to familiarize yourself with the current legislation, as well as take advice from experts in the field of residential real estate. This type of activity is regulated by the Civil and Tax Codes of the Russian Federation, acting within the framework of which, the owner reduces potential risks to zero and can enjoy passive income without fear.

Which apartments can and cannot be rented out?

Can any housing be used as an additional source of income by renting it out under a rental agreement? With few exceptions, all owners of residential premises can exercise this right.

Privatized apartments

The status is no different from property received as a result of purchase and sale, gift, share participation agreement or inheritance. Immediately after receiving a certificate of state registration, the owner has the right to dispose of the property and rent it out. To conclude a transaction, you will need title documents for the apartment and the owner’s passport.

Housing shares

The situation is more complicated with shared ownership. Although by law the owner of a share has the right to lease it, his intentions may be limited by the disagreement of other co-owners. The situation is further complicated by the fact that there is no allocation of a share in kind - in case of disputes, it is difficult for the owner to prove that he is renting out his own part or room. According to the law, it is allowed to rent out an isolated room - a room. But if the apartment is rented out as a whole and all co-owners are ready to sign an agreement or confirm their consent in writing, there will be no difficulties.

Rooms in communal apartments

In this type of property, personal accounts are separated, and the premises are allocated in kind and assigned to their owners in the form of separate rooms, so the consent of other neighbors in a communal apartment is currently not required.

The owner is free to choose and accommodate tenants at his own discretion. You can challenge their number if sanitary standards are clearly violated.

Neighbors will be more attentive to deviations from the rules for the use of residential premises, as the life of the tenants will begin to unfold before their eyes. Any violation of the legal order of residence may give rise to complaints. Amendments to the current legislation are not completed; it is possible that in the future, the consent of all neighbors will be required to conclude a rental agreement.

Municipal non-privatized housing

These apartments are owned by the city, and those living in them are themselves tenants. However, the law provides for the right to sublease such real estate. In this case, the procedure will differ from the usual one - it will be necessary to obtain the consent of the owner - the city administration. To do this, you must submit a request for permission to the district office and wait for approval. When drawing up such a petition, everyone registered must put their signature on it or submit a power of attorney.

Mortgage apartments

Additional income can be an excellent help for speedy repayment of debt to a credit institution, but this will require an extended package of documents - the bank’s consent and an insurance agreement. Since the lenders themselves are interested in the successful repayment of the mortgage, they will be happy to meet you halfway and approve of such entrepreneurship. However, being in the bondage of a mortgage, do not try to be cunning by concluding a deal bypassing the bank. If you purchase an apartment with a mortgage for subsequent rental, warn about this in advance - perhaps this information will facilitate loan approval.

Service apartments

As in the case of non-privatized housing, questions about possible subletting will be decided by the owner. But there is also a difference - in this case, residence is not indefinite, as in municipal housing, but is limited to the period of service. Therefore, the exact procedure is not regulated, but depends on the specific situation and is decided only with the involvement of the real owner.

Emergency housing or without repair

The basic rule enshrined in the Civil Code is the transfer of premises in a condition suitable for living. This clause completely excludes dilapidated and dilapidated housing from the list of acceptable rentals.

The neglected property will first have to be brought into full compliance with sanitary requirements: remove dirt and debris, provide household equipment.

This limitation should also be taken into account by those who are looking for tenants for new buildings or who are moving workers there for a nominal fee “for renovation”. Before you start signing the contract, the property being rented out will have to be electrified, water supply and plumbing provided.

Who is allowed to rent out real estate?

Such activities can be carried out by both an individual and a legal entity. In the first case, an ordinary citizen acts, in the second, an agency registered by law to provide this type of service. There is a category of citizens whose entrepreneurial activity in this area may raise questions.

Military personnel

Being an owner, a serviceman does not have the right to engage in entrepreneurial activity. This means that he cannot create an LLC or register as an individual entrepreneur. At the same time, renting an apartment from individual will not be hindered by the law.

Civil servant

In order to prohibit or limit an official’s disposal of his property, one will first have to eliminate the gap in the law. Although a civil servant makes possible profit, he cannot be called an entrepreneur. But he will be able to use this only until he decides to reduce the tax burden by registering as an individual entrepreneur.

Police officer

Here, servants of the law have equal rights with other citizens, so service in the authorities does not entail any restrictions on renting out your own home.

Individual

An ordinary owner has maximum privileges and is not limited by anything. He must comply with tax laws and rules for the operation of residential premises. Can be rented for any period. It is only important to remember the difference in tax rates between residents and non-residents.

If you are absent from the country for more than 6 months a year, then the amount of taxes will increase from 13 to 30%.

If you have several apartments at your disposal, or the premises are suitable for a mini-hotel or hostel, it will be beneficial to reduce the tax to 6% by registering an individual entrepreneur. It is important that an individual entrepreneur must make contributions to insurance and pension funds.

Pros and cons for a landlord

Property in a comfortable area, with transport accessibility and European-quality renovation may well become profitable. Is this beneficial, given that the owner will only be required to sign the contract and provide details for crediting money? The answer seems obvious, but the debate about whether it is worth investing in rental real estate or whether it is easier to put the same money on deposit does not subside.

If you consider the profit with a calculator, then it is not so great in comparison with the cost of the object. In addition, the real estate market is one of the first to respond to crisis fluctuations. However, a pragmatist will say that, unlike investing in stocks and securities, walls made of concrete and brick are more reliable - they will not go anywhere and can be passed on to descendants, and recessions alternate with ups.

Having additional income will be an undoubted advantage when assessing financial viability - which is important for active citizens. This type of activity can be easily curtailed by terminating the contract or waiting for its expiration date. Renting will not interfere with an emergency sale - you can always turn the meters into cash again. So what is alarming about such a business and what are the risks for the owner?

Our legislation protects the interests of the tenant, but it is impossible to protect yourself 100% from unscrupulous tenants. Delay or complete absence of payments, damaged relationships with neighbors, close acquaintance with the local police officer, costs of repairing your home and neighbors - this is an incomplete list of problems that may arise after unsuccessful tenants move in.

Landlords who have not carefully studied tax legislation or who deliberately go into the shadows may suffer even more. If the law is violated, the fiscal authorities will have to return not only the tax in full, but also a fine, which can reach up to 40% of the amount owed. And if unpaid debts exceed 600,000 rubles, administrative liability will gradually turn into criminal liability.

Before you start calculating profits, you will have to take into account the costs:

Payment of utility bills. According to established traditions, these costs fall entirely on the shoulders of the owner. And although recently the payment of meters has increasingly been entrusted to tenants, they agree to take on the remaining receipts only under the condition of a significant discount.
Downtime. Earning money is not easy, at your own peril and risk. No one will compensate for expenses due to the protracted search for tenants, no one will return lost profits due to guests who suddenly moved out. To avoid disappointments, do not count the entire 12 months of rent into profit; make allowances for possible downtime.
Natural depreciation. In someone else's home, furniture and plumbing break down much more often than in your own, wallpaper gets dirty and torn, and fittings on windows and doors have to be changed almost once a quarter. The ideal tenant - a jack of all trades remains a dream; in reality, it is better to prepare for minor repairs after each tenant moves out.

How to rent out an apartment correctly

Step-by-step instructions and rules for preparing housing

After making sure that the documents are in order, all permits have been received, powers of attorney have been drawn up, you can begin preparing the facility itself.

Search for clients

Decide what is best for you - hire an agent or look for a client yourself. Please note that the places where future residents live are special sites “without intermediaries” and the same thematic groups on social networks where you can place your ad.

You can find a good tenant by notifying your neighbors - it is possible that one of them is looking for housing for relatives or friends.

The opportunity to insure yourself and ensure the financial viability of the tenant is to tell your colleagues about your plans. Maybe one of them will be interested in your option, or they may recommend a former colleague.

Registration of the contract

An agreement concluded between two individuals will imply the rental of residential premises. Although in everyday life it is usually called a lease agreement, it will be discussed only when registering a transaction through a legal entity (for example, a real estate agency).

When reading the terms of the agreement, carefully read the sections on the rights and obligations of the parties. It is this part of the contract that regulates your future relations and possible disputes. If any clauses conflict with the law, they will not be valid in court, but such discrepancies should be pointed out before signing.

Check your guarantees in the event of premature termination of the contract due to the fault of the client, while making sure that the requirements for you in such a situation are not too stringent.

Carefully negotiate and write down the terms of payments and the consequences in case of non-payment - usually the tenant is given a short period to repay the debt, after which the agreement is automatically canceled if this condition is not met. Here you should also specify the period within which the tenant is obliged to vacate the premises.

Check the rights that the agreement gives to tenants - if necessary, remove clauses on the possibility of transferring housing to sublease. Discuss and write down who will live with the tenant and for how long he will be able to receive guests.

In a separate paragraph, write down in which case the deposit will not be returned - this could be premature termination of the contract, justified complaints from neighbors leading to the eviction of residents, or serious damage to property.

For what period should the contract be concluded?

You can choose a period from 1 month to 5 years, but for long-term rentals it is safer to choose a period of one calendar year.

This way, you can adjust the rental rate in accordance with the changing market or painlessly get rid of tenants when the contract expires.

If the terms are not specified, the period of validity will automatically be considered 5 years from the date of conclusion.

Do I need to have the contract certified by a notary?

A residential lease agreement can be concluded and certified by a notary, or executed in simple written form. In practice, its signing occurs on the spot, after inspection and consent of both parties. To conclude it, you will need the passports of both participants and data on title documents. The right to sign can be either the party to the transaction or his representative under a valid power of attorney.

Where do you need to register a lease agreement?

Currently, an apartment rental agreement concluded between two individuals does not require state registration. The requirement for mandatory registration of lease agreements for a period of at least 11 months applies only to non-residential premises.

How to transfer an apartment

Quite often, a home inspection ends with the signing of a contract and handing over the keys. If the parties have reached an agreement, but immediate signing is not possible, agree on an acceptable time frame. It is better to schedule a meeting at the rental apartment, conduct a full inspection again and make sure that there are no leaks or breakdowns.

Draw up a transfer and acceptance certificate in advance and attach to it a complete list of the property in the apartment. You can further protect yourself by indicating the approximate cost and condition of things.

After signing, the owner arranges an inspection visit and hands over a set of keys.

Is a transfer and acceptance certificate required?

This document is not only a mandatory addition to the contract, but will also become your guarantee in case of disputes regarding damage or loss of property. It also reflects the condition of the apartment for the current period, confirming that it is rented out in a condition suitable for living.

How to register receipt of funds

Recently, the practice of transferring cash once a month in an envelope is becoming a thing of the past. But if this method is chosen, the tenant has the right to demand a receipt from you for receiving the money.
In the second case, you choose non-cash payment - transfer to your bank account. With this option, the tenant’s guarantee is a statement of movement Money indicating the purpose of payment. It is more correct to formalize it precisely as a payment of rent indicating the payment period.

Termination of an agreement

The contract is automatically terminated after the last day of its validity. If early termination is necessary, the parties sign a termination act. Otherwise, the document is considered valid, and the parties have the right to demand that each other fulfill their obligations.

Additional documents

The main documents confirming the transaction and guaranteeing the fulfillment of obligations are the contract and the acceptance certificate. However, if the conditions change, the parties can prescribe new conditions or make amendments to existing clauses.

This document is drawn up as an additional agreement to the contract; it necessarily indicates the initial data of the main document - the name of the contract and the date of its conclusion. This document is dated and signed by both parties.

If one or both parties act on the basis of a power of attorney, its original must be attached to the agreement.

How to pay taxes

Tax on profits received is calculated and paid independently. The tax return is completed in the normal reporting period – for the previous year. The normal rate for an individual is 13% of the rent. The rate for individual entrepreneurs is 6%, deduction of expenses is also possible.

Questions

In what cases is a power of attorney required?

If the owner cannot be present at the transaction, a valid power of attorney for the representative will be required. It can be issued by a notary at the location or at the consulate of our country, if the owner is abroad. An agreement signed by a representative without a power of attorney will not have legal force.

How can you rent out a property without furniture?

The presence of furniture and household items is not a prerequisite for renting out housing. The parties can agree on the purchase and delivery of necessary items: a sleeping place (bed or sofa), a closet or wardrobe. In this case, the apartment must be equipped with a kitchen - cabinets for storing dishes and food, a refrigerator, a sink and a stove.

It is convenient for the tenant to purchase the necessary furniture and deduct the money spent from the rent.

What is the most profitable way to rent out several apartments?

If you own several apartments, it will be more profitable to reduce the tax rate by registering an individual entrepreneur for this type of activity. This will not only reduce the rate to 6%, but also fill out a declaration indicating the expenses incurred - for example, for utility bills and routine repairs of the premises. It will also bring profit daily rental.

What to do if you need temporary tenant registration?

Some landlords refuse to do temporary registration. It is worth recalling that this requirement for long-term residence is a norm of law, and it can be removed at any time without his presence or consent.

Tenants viewing a large number of apartments per day. Furnishings, design, cleanliness and even smells can be a deciding factor in a positive decision. Agents go to great lengths for quick commissions - some use aromatherapy, brewing natural coffee and treating paying guests.

“Every product has its own buyer,” some people argue, and they lose a lot of money. And successful agents admit that they rented out “stuck” apartments in just a couple of days only because they did not disdain to clean the entrance before viewings, helped the owner take the trash to the trash heap and hung new curtains. Such manipulations will not only shorten the exposure period, but also increase the price.

There is no need to annoy customers with frequent and sudden checks. They are not children who need your control and care - calmly discuss your visitation schedule with them. Whatever circumstances force you, do not overuse visits to the apartment in the absence of the new owners. Your visits must be coordinated and brief - from the moment you sign the contract, you become a guest in your apartment.

What is the secret to quickly renting out apartments? Some ads hang for months, no one is in a hurry to call them. The numbers of others are answered within a few hours: you didn’t have time, the apartment is rented. How to write an advertisement that will allow tenants to move into an apartment on the first evening?

1 The main thing - kitchen, bathroom and wallpaper

A smart investment in an apartment will then pay off.

Carefully inspect the apartment and fix fallen-off handles and broken switches, ingrained dirt and stains, traces of mold in tile seams, and peeling wallpaper. All this should be put in order. Focus on the kitchen and bath - flaws in these areas are especially visible and future employers always pay attention to them.

Overall, the apartment should leave a fresh impression. This can often be achieved with the help of light, plain wallpaper. Their sticking, by the way, is one of the most budget options radically change the impression of the apartment.

It is important to write in the ad that the apartment has everything for a comfortable life: a kitchen set with a refrigerator, stove, microwave, washing machine, comfortable sleeping places and closets next to them. But TV is no longer necessary. The lack of any of the basic elements of furniture and equipment may cause refusal to rent an apartment.

Get rid of old and unnecessary furniture, storage of things in closets, on the balcony and mezzanines. All storage areas must be for the exclusive use of tenants.

But there is no need to make concessions. If the tenant wants an air conditioner, a dishwasher, an expensive plasma panel, feel free to refuse. There is no need to make the apartment convenient for a specific person, otherwise you will spend money and he will move out next month.

2 Add a discount to the price

To correctly evaluate your apartment, the easiest way is to find similar offers - in the same area, in a similar condition, at the same distance from transport or metro stops.

The price in the ad should be set several thousand higher than what you are actually going to get. Every realtor and potential tenant will ask if you are bargaining. It’s worth saying yes, and they are already counting on a discount of 1-2 thousand. In addition, realtors tend to promise their clients to reduce the price a little and bargain for them.

Please indicate the size in your ad. security deposit. It is usually equal to one monthly fee. Most owners allow it to be split into two parts.

3 Photos: sun, views and order

Submitting an ad without photos makes no sense at all. Nobody watches them.

Before the photo shoot, do a thorough cleaning, arrange the furniture comfortably, remove all unnecessary items, clear the surfaces (see point No. 1). The apartment should appear in the frame in the form in which you will hand it over to the residents. If there is a rug on the floor that you intend to keep, remove it from the frame.

It makes sense to fill your home with cute little things. Buy a new bathroom curtain, a toothbrush holder, place a rug at the entrance, and make the bed with linens or a blanket.

Try to stick to a neutral style. So the apartment will appeal to women and men, people of different ages.

Take photos of the room during the day in sunny weather. Pay attention to large shots that cover the entire room. Take a photo of the view from the window, the entrance and the outside of the house. This way, potential tenants will be able to fully evaluate the layout, furniture arrangement and furnishings.

It’s better to invite a professional photographer or at least ask your friends for a professional camera.

4 Get a separate phone

Before renting out an apartment, it is better to get a separate room, which you indicate in the ad. You can turn it off immediately after you find tenants and sign an agreement. Calls will come in a week, and in two, and even in six months. Many agencies enter all rental advertisements into a database and call them periodically to find out if your tenants have moved out and immediately offer to find new ones.

In addition, a publicly accessible phone will quickly become the prey of advertisers and scammers; they will call this number with company offers and send SMS about store promotions.

5 Save money on a realtor

Write in the ad that you are the owner of the apartment. This will increase your chances of renting out your home quickly. But be prepared to finalize the deal yourself. Today, more and more tenants are renting an apartment without a realtor.

Download a sample apartment rental agreement from the Internet. Read it, adapt it to suit yourself. Leave blank the lines in which information about future tenants should be entered, and print in duplicate.

Don’t forget to take a photo of the tenant’s passport when concluding the contract - the main spread and the registration page.

An advertisement without a photograph of a clean, well-groomed and sunny apartment no longer makes any sense. Simply no one will read it. Photo: Kirill Kukhmar / TASS

Advice

How to transfer an apartment to another guest

Many residents return apartments to owners in deplorable condition. No, they didn’t ruin anything, but they littered, got dirty, and scattered everything while they were collecting things. And some people don’t even consider it necessary to clean for a while before moving.

A good solution would be to write instructions on returning the apartment. Ask to return the premises in the same condition in which it was handed over to the tenants: clean and tidy. Empty cabinets, shelves and refrigerator. Let them know that you are not responsible for forgotten items. Ask to arrange the move in advance so that residents can leave the premises as soon as they hand over the keys to you. Please inform that you reserve the right to deduct the cost of cleaning from the deposit. And attach these instructions to the contract upon its conclusion.

Owner's fears

Three horror stories about renting

Apartment owners are afraid to look for tenants on their own, because the rental market is very scary, strange things happen there. Let's figure out what they mean.

1 Immediately after you publish an ad, you are bombarded with calls from people who will convince you to urgently remove the ad. They will say that this is of no use, only realtors will call you, and only he, your interlocutor, will find real clients. But only if you meet him halfway and remove the ad from public access.

This is definitely not worth doing. Such a realtor can spend weeks looking for tenants for you, but the World Wide Web can handle this in one day.

2 Even stranger people will call you and ask just one question: are you the owner? And immediately after you say “yes”, they hang up.

Don't be scared here either. These are “robots”, they simply check the relevance of your number and enter the advertisement into the database of some agency. Then a real employee opens this database, sees your ad and starts looking for tenants for you. So please be understanding.

3 Within a few hours, your ad will appear on many other sites. In this case, it will not indicate your phone number at all. It may seem to you that someone has appropriated your apartment, but this is not so.

Realtors publish information about your apartment with their phone numbers to find you tenants. As soon as an applicant appears on the horizon, a realtor will contact you and schedule a viewing.

The legislation clearly defines circle of persons who have the right to rent out real estate:

According to Art. 30 of the Housing Code of the Russian Federation, the owner has the right to provide premises belonging to him for temporary use on the basis of a rental or lease agreement.
In accordance with Art. 67 of the Housing Code of the Russian Federation, the tenant of residential premises under a social tenancy agreement also has the right to rent out housing. However, at this point one cannot do without a small clarification.
He can sublet the apartment, but on the condition that the real owner of the apartment has given consent to this.

Is it possible for a person who is not the owner or tenant of the premises to rent it?

Maybe if it is the legal representative of the owner with whom the notarized power of attorney was concluded.

Methods

There are two ways to rent out housing:

on one's own;
through an intermediary.

What's the best way to submit? Let's briefly consider the transaction procedure for both options.

Personally

What you need to do to rent out your property yourself:

Determine the cost of rent. To do this, you will have to collect data on prices for similar apartments in your region, compare competitors' offers and set an acceptable price, taking into account the location of the property, its condition and characteristics.
Take a photo of the apartment. High-quality photographs will help employers quickly decide whether this option is suitable for them or not.
Create an ad. The rental offer must describe the characteristics and benefits of the property.
Publish a hiring offer on specialized bulletin boards on the Internet or in a printed publication. Publication on many resources is paid. It is important to choose only those sites or newspapers that actually produce results.
Receive calls from potential employers, immediately discussing details and living conditions.
Arrange meetings. After the call, it is advisable to schedule a viewing of the property within 1-2 days, so that the potential employer does not have time to find another option.
Present the apartment.
Draw up a rental agreement and other accompanying documents. The agreement must specify detailed conditions accommodation so that there are no problems with the tenant later.
Conclude an agreement, discussing all the nuances of accommodation, rights and obligations of the parties. After signing the papers, take payment for the first month and hand over the keys to the tenant.

Through the company

What does the procedure for renting out an apartment look like if the owner seeks the services of an intermediary?

To ensure the safety of your own property, you should contact trusted real estate agencies that have already proven themselves in the rental market.

An agreement must be concluded with the agency for the provision of services.

For apartment owners, the intermediary service will be free, since the commission is paid by the tenant. However, in some cases the owner also pays. For example, if he urgently needs to rent out housing (the funds paid will be used for additional advertising of the apartment), or if luxury real estate is rented, for which it is not so easy to find a tenant.

The agent assumes responsibility for placing advertisements, contacting potential residents and preparing documentation. The owner only appears at the showing, makes a decision on choosing one or another tenant and signs the lease agreement.

Which option is more profitable?

Before deciding on one way or another of renting out your home, you should evaluate the pros and cons of both options.

Advantages and disadvantages

Positive aspects of renting housing without an intermediary:

Ability to quickly find a tenant. Since tenants have to pay a commission to the agency, many of them are fundamentally looking for an apartment from the owner. Offers to rent from the owner are popular, so you can find a tenant in a couple of days.
Opportunity to rent out living space more profitably. Many unscrupulous agents, when inspecting an apartment, deliberately reduce the cost of rent in order to quickly conclude a deal and receive a commission. If the property is rented out by the owner, then, first of all, they calculate their personal benefit.

Minuses:

What is better and what are the pitfalls?

Why do owners prefer to work with realtors? Advantages of renting an apartment through an intermediary:

The agent takes on all the work of finding a client, presenting the property and completing documentation. The owner of the apartment thereby saves time.
The realtor is interested in the quick delivery of housing, since he receives commissions from the tenant only after the transaction is concluded.
The specialist provides free advice to the owner on issues of drawing up living conditions in the apartment and other nuances relating to the relationship between the tenant and the landlord.
The apartment owner can contact several agencies at once to speed up the search for a tenant.
Using the services of an intermediary is convenient especially for those owners who rent out real estate in a region where they do not live. Having issued a power of attorney for a specialist, you don’t have to worry about the absence of employers.

Disadvantages of renting housing through a realtor, pitfalls of such rentals:

There is no guarantee that by contacting an agency, the owner will find a tenant faster. Not all residents are willing to pay a commission to an intermediary.
Some agents, especially private ones, offer to sign a standard rental agreement, which the owner himself can download on the Internet. In this case about individual approach there is no need to talk about the transaction.
There is a risk of running into fraudulent realtors who will take money from the owner for services not provided and disappear.

IMPORTANT! It should be understood that the agent provides only services for finding tenants and completing the transaction. The relationship between the owner and the tenant after the conclusion of the contract no longer concerns him.

Resolving conflicts between the parties is not within the competence of the realtor, so the owner will have to deal with it himself.

Renting housing through a real estate agency and conducting the transaction yourself have their advantages and disadvantages. If the owner himself decides to deal with this issue, then he should familiarize himself with all the legal subtleties of executing the transaction - from checking documents to drawing up a lease agreement. If the choice was made in favor of an intermediary, then it is advisable to choose a proven organization.

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