What is a security deposit under an apartment rental agreement? What is a security deposit when renting an apartment What is a deposit under a rental agreement

Civil Code Russian Federation, which fully regulates the procedure for transferring living space for temporary use, also defines such a concept as a security deposit when renting an apartment. It represents a certain guarantee and protection for the owner of a property regarding the risk of harm to his property. The deposit will also help if the tenant evades paying utilities and other obligations.

Such a concept as a deposit when renting an apartment is not fully reflected in the current Russian legislation. It exists solely in connection with the rules of business turnover in certain areas of activity. That is, when concluding an agreement, the owner of the apartment can put forward a requirement for the payment of a certain guaranteed amount of money. This is due to possible damage to the homeowner, that is, damage to household appliances, furniture and the premises itself.

Why not bail?

Many people confuse a security deposit with a pledge, but in legal terms these two concepts are significantly different from each other. A deposit is a certain agreed amount that the tenant transfers to the owner of the apartment in order to confirm the seriousness of his intentions, which is analogous to booking a property. The deposit is transferred at the time of signing the rental agreement and is equal to one month's rent in the same way as the security deposit.

The security deposit is an amount that will go towards compensation to the owner of the apartment if the tenant causes damage to his property. It is not advisable to pay such a deposit only if the tenant is renting part of the apartment, and the owner will live there. That is, if a room is rented with an owner. In this case, the owner will have the opportunity to control the actions of the tenant, the condition of the property and demand timely compensation. Depending on the amount of damage caused, the payment can be divided into several months. But whatever agreement the parties ultimately reach, all this must be spelled out in the lease agreement.

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Transfer by agreement

Drawing up a separate document regarding the entry security deposit when renting an apartment is not required, since it is not regulated in any way by law regulations. All clauses of the agreement concerning its introduction must be spelled out in the text of the lease agreement itself. If a transaction is concluded without drawing up an agreement, then neither party will be protected either from fraudulent activities or from the dishonesty of the other party, so they will not be able to demand anything from each other.

A transaction involving the transfer of an apartment for temporary use at the legislative level requires:

Receipt of a sum of money can be recorded using a receipt or an act of acceptance and receipt of money.

Design rules

A deposit when concluding an apartment rental transaction is a guarantee of the parties’ honesty, which is included in the contract. The clear amount of the deposit made is recorded in it digitally and verbally. If the transaction is concluded with the help of a realtor, then he also acts as a guarantor and signs the document. This obliges him to take part in further conflicts between the parties that may arise regarding damage to property, payment or return of the deposit amount. However, this is already included in the cost of realtor services.

Transfer of the deposit amount can be carried out in cash or through a bank. The second option is advantageous, since the fact of payment will be confirmed by a receipt and the bank. When paying in cash, the apartment owner must personally write a receipt for receiving the money, or an act of acceptance and transfer of these funds must be drawn up between the parties. It is advisable to record the fact of payment in the contract itself.

Common mistakes

Often the deposit is used as rent for the last month of living in an apartment. This is not scary for the tenant, but the owner of the property is threatened with the fact that he will receive payment for the last month, and no one will compensate for the damage caused to him due to his own fault. Some tenants may refer to the Civil Code, which states that property rented out for use must be returned to the owner in a condition that takes into account normal wear and tear, that is, they do not admit their guilt and refuse compensation, explaining all this as normal wear and tear.

Wear and tear of interior items includes:

• Expensive curtains faded by exposure to sunlight;
• Unreliable flooring that has worn out and lost its original qualities;
• Scuff marks on wallpaper, furniture and other items in the apartment

If the owner rents out the premises in poor condition without furniture, then no deposit is taken from the tenant and such a section should not be present in the contract.

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Here it should be understood that the owner, when renting out an apartment, encounters irresponsible citizens who either steal or damage property without paying for material damage, and then simply move out, leaving the rented apartment in a dilapidated state. And repairs and purchasing interior items in our time are very expensive pleasures! And besides, if the tenant of the apartment simply moves out without warning, the deposit will remain with the owner, covering the month-long search for a new tenant. Of course, a vacant apartment rarely sits idle, because the demand for renting an apartment from the owner in major cities quite large (regardless of the season).

However, on the other hand, there are cases when the owner of a rental apartment can be expected to act beyond the scope of an honest relationship. For example, sometimes the clauses in the agreement do not seem entirely reasonable, according to which some owners fine tenants or generally constantly come up with some new methods of “punishment”. You rent an apartment from the owner, you save money, but you don’t expect “this kind of” attitude from the very beginning. Judge for yourself, there are apartment owners who are not allowed to go online, wear tight clothes, open windows, fry, cook, go out onto the balcony, and can only use the washing machine twice a week. If you violate any of the points, you will face a fine or eviction. Of course, you did not expect such “rigidity” in relationships when renting an apartment from this owner. Of course, such requirements are very rare, perhaps they were some kind of unforeseen expenses of the owner in the past, but nevertheless, such situations in most cases only cause inconvenience, both for the resident and for the owner of the property in the future.

On the other hand, you are renting an apartment directly from the owner and the deposit disciplines the tenant in a certain way. Knowing that the tenant has left a deposit, he will be more vigilant and careful in living in the rented apartment. Also, in the apartment rental agreement between the owner and the tenant, you can specify the amount of the deposit, the conditions for its return and non-return, a complete act of transfer of property with full description every scratch and damage, for greater peace of mind on both sides.

The only thing I would like to emphasize here is the conditions for the return of the deposit.

When renting out an apartment, the owners stipulate that the deposit is returned if the tenant stays permanently for 3-4 months and if the entire property is intact. There are also agreements under which the tenant does not have the right to leave the apartment before 11 months. If he leaves earlier, the deposit is retained by the owner immediately. Let's imagine this situation - you still rented a similar apartment from the owner. Now, you need to live in the apartment for 11 months. What if the situation changes and you, for example, have to move to another city? In this case, you lose the deposit that you gave to the owner. In this case, some guarantees are also required on the part of the lessor, and it would be quite good if they are drawn up like this. If the departure occurs at the initiative of the landlord, then he warns the tenant a month in advance and pays both the deposit itself and the cost of another month of accommodation in addition. In this case, if the tenant really plans to live for the full 11 months, he can take advantage of such a guarantee and the contract will be very convenient for him in this case. By the way, we have collected the rules for concluding a contract and possible errors in contracts in the article

Here, of course, in the end, it’s up to you to choose, because only the potential “tenant” can agree on the amount of the deposit, the timing of payments, the conditions for its issuance or non-issuance, all the nuances relating to the deposit amount, and the responsibility for the property transferred under the contract. The most important thing is to assess the possible consequences of decisions taken. Believe me, it is not so difficult to rent an apartment from the owner. It is enough to take into account the above recommendations and be more attentive to the process itself.

An important point is that you must be extremely careful when talking with the owner. Sometimes, when renting out an apartment, owners act dishonestly and do not return the deposit even if all the property of the rented apartment is intact. The tenant's task is to understand what the landlord is like; it's easy to determine - often just look at him (just as he views you as a future tenant). You can ask him a few questions, ask the landlord in more detail about previous deposits, tenants, payments. In most cases, it will immediately become clear whether the landlord will return the deposit or not and whether fraud is possible in this place.

You need to remember that not only the signing of the contract, but also the very process of renting an apartment directly from the owner must be treated with full responsibility, and even more so, if you suddenly decide to move out, then inform the owner in advance, that’s why the deposit exists (to cover similar risks).

Remember! Each amount and terms of the deposit must be included in the contract (there is a separate column for this), then, provided that the seizure of the deposit from the tenant is illegal, the deposit will be returned in full by court decision.

In rental advertisements, we often see wording that seems to clearly imply additional costs for the tenant: “deposit – one month’s payment”, “payment – ​​first and last month”, “deposit”... Those who do not want to delve into the legal intricacies can it seems that these are just different names for the same process - the relatively fair taking of money from the tenant. But let's take it in order. Let's start with the security deposit.

What is a security deposit and why is it needed?

First of all, the security deposit is not a deposit or payment for the last month of rent. This instrument does have other names: for example, security deposit, security deposit. But it is important to understand that the differences between a deposit and an advance payment are significant, and failure to understand this difference can lead to conflicts at the end of the rental relationship.

The essence of the security deposit is that the tenant credits the landlord's account with an amount agreed upon by both parties (often it is set at an amount equal to a month's rent, hence the confusion) to ensure compensation for possible damage to the rented property.

“When concluding a rental transaction and instructing apartment owners, we always say that the security deposit is a kind of refundable amount that in no way can be used as payment for the last month and is in no way related to the rental deposit,” says Vadim Lamin, head of luxury apartment rental department at Penny Lane Realty. – A security deposit is a certain contribution equal to one rental rate, which provides comfortable conditions for the owner of the property in the event of possible damage to the property of the apartment by the tenant. I’ll tell you in more detail: the annual contract has ended, the tenant has paid for the last month, the procedure for the return acceptance and transfer of the apartment is taking place, and here the security deposit, which was kept by the owner of the property, comes up. During the acceptance certificate, the owner inspects the apartment. The owner clarifies whether everything is in order with furniture, repairs, telephone bills, etc.” The amount of possible damage, restoration repairs, and other costs to bring the apartment to its original form is assessed. After deducting these costs, the owner must return the amount of the security deposit to the tenant. If no damage was caused to the property, the tenant will be refunded the full amount of the security deposit. Thus, the main purpose of the security deposit is to protect the interests of the property owner.

“It is more correct to call this type of payment a security payment. Its meaning is to ensure the tenant’s obligations to carefully handle the landlord’s property,” says Oleg Seregin, deputy general director AN DOKI. – It is charged in case of damage to the property of the renter. Refundable or non-refundable at the end of the hire period. The payment amount is calculated depending on the cost of furniture and household appliances. Sometimes they charge more, sometimes they charge less. Typically charged at 100% of the monthly rental fee.”

What is the difference between a security deposit and a security deposit?

A deposit or deposit was originally the amount paid by a potential tenant to confirm his obligation to rent before a certain date. this apartment(a kind of “booking”). In this understanding, security deposits do not currently apply to rentals, with rare exceptions. The wording “deposit – 1 month”, which most often appears in advertisements for renting inexpensive housing, speaks specifically about a security deposit. “A security deposit when renting an apartment and a deposit when renting today are different names for the same concept.

The security deposit is taken at the time of concluding the rental agreement and, as a rule, is equal to the monthly rental cost. The security deposit is never accepted as payment for the last month of residence, it is not payment, it is a reserved amount of money in case of possible damage to the owner’s property, unpaid utility and telephone bills, and so on,” says First Deputy Director of the MIEL-Arenda company Maria Zhukova.

In a word, there are two meanings for the concept of a deposit: one of them, outdated, is a deposit that is issued before the conclusion of a lease agreement, and the second is a security payment. By the way, confusion exists not only with the concept of collateral: the concept of “security deposit” itself does not exist in the legislation. This leads to disputes on various issues, which can be divided into:

• Disputes about the legality of using a security deposit to: secure payment obligations rent and obligations to compensate for damage to leased property, as well as for compensation for early termination of the lease agreement.
• Disputes about the legality of taxation of a security deposit (there is no generally accepted point of view on this matter, but it is more often believed that the deposit is not subject to personal income tax, since it is not income. Regarding the payment of VAT on the amount of income tax received, decisions are made individually, based on the specific situation) .

The use of the term “deposit” is quite acceptable, as well as the term “security deposit”, if we are talking about a security payment.

Can the security deposit only be used to cover damages when the tenant moves out?

In some cases (specified in the rental/lease agreement), the security deposit can be used to fulfill obligations to pay rent and other obligations assumed by the tenant under the contract. A security deposit, in its essence, is a contractual method of ensuring the fulfillment of obligations, and obligations, according to the Civil Code, arise from the contract, as a result of damage and from other reasons. The parties have the right to establish specific types of obligations in the agreement (including obligations to pay rent or rental fees, obligations resulting from damage to the premises, etc.), for which a security deposit can be used, notes Alla Lyagina, director of the legal department of IntermarkSavills.

The security deposit and the prepayment of the last month are completely different things, but if specified in the contract, the deposit can be used to pay for the last month. Landlords are not always willing to accept this option, since it turns out that the tenants’ last month of residence is not financially secure, and all breakdowns and violations in the event of conflicting behavior of the tenant will have to be corrected by the landlord at his own expense. However, if relationships with tenants have been problem-free for a year (or more), most likely they will not have the desire to “recoup” in the last month.

Is it possible to save on a security deposit?

It is not profitable for the landlord to do without a security payment, since it protects his property from damage. Based on current practice, a deposit, more often called a deposit in the economy class segment, is mandatory in most cases. “An exception may be a room that is rented out by landlords living in the same apartment. This is explained by the fact that the owner has the opportunity to monitor the safety of the property and timely payment of all bills,” notes Elena Merkulenkova, head of the Park of Culture department of the Inkom-Real Estate company.

“As a rule, a security deposit is not collected if the apartment is “destroyed”; in general, the landlord always establishes a requirement for payment of this amount. Both the landlord and the tenant need to establish in the contract the procedure for withholding payment (in case something happens), the procedure for determining damage, and the procedure for return, including the return period. As a rule, the payment is returned on the day the rental period ends,” notes Oleg Seregin.

The deposit is issued upon conclusion of the rental/lease agreement. An act of acceptance and transfer of property is drawn up, which lists all the property (furniture, plumbing fixtures, household appliances, etc.) and its condition, and records defects. You can photograph the apartment and transfer a set of photographs to each party (if the contract is concluded through an agency, this is most likely included in the standard package). It makes sense for the tenant to check in advance whether there are any debts on utility bills and other payments in the rented apartment.

As for savings, the deposit is often divided (paid to the landlord by the tenants within 2-3 months), the deadline and procedure for making this payment are indicated in the contract: when it is paid, in what shares (if in parts) and within what time frame each part is paid, etc. p. For convenience, you can include in the contract a clause stating that, with the written consent of the landlord, the security deposit can be used to pay for the last month. The basis for returning the deposit to the tenant will be the agreement and signing of the act of return of the property by the parties.

Many modern people have had to deal with such a problem as renting a home. The need for it can arise for a variety of reasons, for example, if a young family wants to live separately from their parents, or if a person comes to a foreign city to work. There may be many reasons, but today we will talk about the rental process itself and the pitfalls that may occur on the tenant’s path. In particular, we will touch upon the question of what a deposit is when renting an apartment.

How to rent an apartment?

So, you have decided to rent an apartment. What needs to be done for this? First, you need to accurately determine the area in which you want to live. After this, the realtor must provide several of the most suitable options. From these offers, you need to choose the best ones in your opinion, based on the description and photo.

Then you and the realtor must go and personally view the proposed housing. It’s worth saying right away that it is impossible to objectively judge a city apartment that is for rent based on photographs or verbal descriptions. That is why it is very important to make sure with your own eyes that the apartment is completely suitable for you. If the result is positive, it’s time to discuss all the subtleties and details of the lease.

What is a deposit when renting an apartment?

It should be noted that today 90% of housing on the market is rented with a deposit. What is it? This is a predetermined amount that the landlord names. As a rule, the tenant is required to pay in full before moving in. Some landlords agree to break this amount into several installments to be repaid in the first months.

The security deposit is provided as a guarantee of the safety of the housing itself and the property located in it.

In addition, a deposit is taken in case the tenant causes a flood in the apartment, causing damage to repairs, as well as to the property of neighbors.

Often, the amount paid in advance can be accepted by the landlord as payment for the last month of occupancy. So, for example, if the tenants do not cause any problems for the owner, if the property is not damaged, then the deposit can be calculated as payment for the last month of residence.

Many owners in this way insure themselves in case of unexpected departure of tenants. Thus, tenants will be required to notify the owner about this a month before they unexpectedly terminate the contract (due to insolvency, moving to another city, or for other reasons). In this case deposit amount may be designated as the last month's rent.