How to rent an apartment in accordance with the law: a lease agreement, the calculation of the rental price, a mortgage apartment for rent, control over the housing condition. How to terminate the lease?

Is it possible to rent an apartment? and on what conditions? Usually these are standard questions that interest the landlord. That they did not arise, it is necessary to know some rules both for beginners, and for experienced "lessors". Only in this case the property will be in proper condition, and the object will bring the established profit.

Can I rent an apartment for rent

Theoretically, you can rent an apartment, but only if you have all the relevant documents on hand:

1. Certificate of ownership;
2. The cadastral passport (it can be necessary in case of delivery of a part of an apartment);
3. Written consent from all owners;
4. Loan agreement (in case you are going to take out a mortgage apartment, but about this below);
5. The contract of employment (if you are going to rent the apartment legally).

For renting an apartment for rent there are two ways: hiring in accordance with Russian law and illegal hiring. If you want to use the first method, then prepare a package of documents. For one owner, the third item is not necessary to perform, but in cases with several owners, you need to formalize this formality.

An important document in the legal delivery of housing is a contract for the hiring of a dwelling. Any lawyer can compose it. Yes, it will take certain funds, but you will be sure that the property will be in order and under supervision. After the annual receipt of profits, it will not be superfluous to go to the tax office and hand over a declaration on the income received, followed by the payment of the tax.

If you want to save on the contract and the tax service, you can omit these two points. However, it is worth remembering that the illegal surrender of housing is punishable at least by Article 23 of the Tax Code of the Russian Federation. In addition, all the losses (financial and material) caused by the illegal delivery of housing to you no one will not be reimbursed. You will simply have nothing to appeal to the scammers.

Rent an apartment, from which the sum is summed up

It does not matter which way you chose to rent a house, the main purpose of this activity would be to make a profit. The exception only applies to the case when the apartment is rented free of charge for relatives.

• Area  - if you rent the apartment completely, then set the price for the apartment as a whole. In the event that you will take only one or a couple of rooms, then calculate the fee based on the allocated space;
• Apartment condition  - New buildings are more valuable than "Stalinist" or "Khrushchev". But, if the new apartment is located on the very outskirts of the city, then the price tag can also fall;
• Distance from the center  - this factor affects the rent not less than all of the listed criteria. The further the apartment is from the center, the cheaper it is. Higher prices for apartments with affordable places for recreation, entertainment, shopping centers;
• Public transport stops  - Do not overstate the cost of an apartment if the stops for public transport are through two districts;
• City district where the apartment is located  - The cost of rent for an apartment can be increased if the district has developed infrastructure;
• Situation  - Unfurnished apartment is charged with a lower rent. Also, the fee for an apartment with old furniture and repairs will be lower than for an apartment with a modern and cozy atmosphere.

If you do not know what fee to take for a rented apartment, find a similar on the site ads. Compare several similar samples and select the average cost. You can also do with a realtor agency, call under the guise of a tenant and find out the approximate cost of hired housing in your area.

To start or not to let, we are looking for clients

Clients (employers) can be looked for in various ways:

• advertise in the newspaper;
• place an ad on the site with similar ads;
• post an ad on paper on the area in which the apartment is rented;
• distribute the announcement in universities, institutes, vocational schools. For these purposes, there are special magazines in the foyer of educational institutions;
• search for lodgers through friends;
• seek for clients in real estate agencies.

Now that you receive calls and offers, be careful with customers. Pay attention to the state of the person, talk to him: where he studies, works, what he does, how long he plans to rent an apartment, whether he shot earlier what he liked / did not like in the past experience.

Ask questions, be sure to read the passport of the future lodger. If you are planning to rent an apartment on a "gray hiring" basis, and the client has come from abroad (Ukraine, Belarus, Tajikistan and other countries), then be prepared for the fact that your "ward" can leave the Russian Federation and leave you without a profit. Even if the client is your compatriot, then remember his name, surname, age. Talk to friends or familiar police officers, perhaps they know the tenant. It is possible and independently to be engaged in storm of social networks. The photo will show what the prospective client is fond of, and what way of life they are.

In advance, discuss bad habits. If you plan to live in this apartment later, then, probably, smoky walls will not be pleasant for you. In a word, think about before renting an apartment to a certain person.

Rent an apartment for rent

Lease contract  can be made in any office of a lawyer. Also it can be downloaded on the Internet, many legal websites provide samples free of charge. The document on the leasing must have three parts:

• The main part of the contract,  where is preamble  with the indication of the passport and contact information of the employer and the landlord. Subject of the contract, in which the terms of renting of a dwelling, address of an apartment, area will be ascribed. The order of the apartment. Terms of the landlord and employer, that is duties of the parties. Fee under the contract of employment - for how long it is necessary to transfer the rent and in what quantity. Responsibility of the parties  - Enter this item in the contract, in case of "delay" of rent, destruction of property. Prolongation and termination of the contract of employment  - Usually the contract is concluded not less than for 1 month, but not more than for 5 years. The standard term is 11 months, it is the contracts with such a term of employment that can be left without registration in Rosreestr. Even if you want to rent an apartment for 6, 7 or more years, this is not provided by law. The treaty will expire after 5 years;
• Acceptance-transfer act.  It should describe the actions about the intention to transfer the apartment for hire from a specific date;
• Inventory.  In this application you need to specify in which state the apartment is rented. Describe the condition of plumbing, furniture, walls, floor, ceiling. In the attached table you can enter even how many plates and pans were in the kitchen at the time of transfer to the apartment.

After the contract is drawn up, it is signed by two parties. If necessary, it is registered with Rosreestr. Then one copy remains with the employer, the other with the landlord.

Is it possible to rent out a mortgage apartment?

According to statistics, mortgage flats are rented more often than apartments without encumbrances. The fact is that many borrowers take housing in a mortgage, and in the future pay it becomes harder and harder. And then bright thoughts about renting a home come to mind. Some owners of mortgage housing deliberately rent it to the tenants in order to obtain profit and further repayment of the debt. Now let's see if it is possible to rent out a mortgage for rent?

Despite the fact that the apartment is a mortgage, it is owned by the renter. In the Civil Code there is such an article "Content of property" (Chapter 13, Article 209). It says that "The owner owns the rights to own, use and dispose of his property", there are, of course, restrictions that apply to third parties. A third person, this is a bank. But even here there is article 29 of Federal Law No. 102, which clearly states that the borrower can "extract the fruits" and "receive income," and "use the apartment as intended" - to reside in it. So, it's possible to take an apartment purchased in a mortgage.

However, some banks may prescribe "their" points under the terms of the agreement. For example, that when hiring a lien you need to notify the bank. Otherwise, you can terminate the loan agreement and demand an early repayment of the debt. The security service of the bank at this time can check the appointment of the purchased apartment. Usually it happens no more than once a year. Such actions are connected with the fear of losing the subject of pledge.

Agree, not all tenants take care with the property that they have been given. The apartment may lose its presentable appearance and in case the borrower does not have enough funds to pay the loan, the premises will be left at a lower cost, which was assigned for him earlier. There are banks and their benefits in this regard. In case of fire or other force majeure circumstances, they force their clients who practice hired activities to make out insurance. Therefore, when passing a mortgage apartment, be careful of all the terms of the bank agreement.

Monitoring of the state of housing

Agree with lodgers about special days when you will come for a rent. On this day, at the same time, check the condition of the apartment, which is supported by its temporary residents. This item can also be indicated in the contract (if it exists). More control can be done on a call. On the one hand, politely, on the other hand, within 5-10 minutes you can get to the apartment and assess the situation.

If you value an apartment and a reputation among neighbors, it is not superfluous to ask the residents of the nearest apartments about the behavior of the tenants. In case of emergency, leave your phone number.

Termination of the lease agreement, in which cases

Banal cancellation of the contract occurs after the expiration of its validity period without the possibility of prolongation. But there are also cases when the contract is terminated ahead of schedule. This can happen at the request of the parties or by the will of one side (the employer or the landlord). Here, too, has its conventions. If the apartment is rented by contract, then there is likely to be a termination clause with a premature notice. That is, the landlord can not send from the tenant's apartment when he pleases. The contract should specify the time in which to warn the tenant to leave the apartment.

There are also cases when tenants violate the terms of the contract: they do not pay rent, build a mess, systematically violate the order of the apartment building. Then you should not stand on ceremony, give a couple of hours for training and a few parting words.

Among the reasons for early termination of the contract of hiring is the sale of an apartment, repair. On the part of the tenants, the initiative can be based on the non-performance of obligations by the landlord. Often, the owners of apartments simultaneously rent a living space and try to sell it, arrange a warehouse of personal belongings and conduct auctions at the address of the "storehouse", come at a time when they want. In such cases, not all residents will withstand nerves, and there may be a desire to terminate the lease relationship. Be that as it may, try to observe the law and then the interaction of the parties can last a long time.