What to look for when renting an apartment: rules for renting an apartment, drawing up a contract, checking meter readings, reviews from landlords and legal advice

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Today it is very popular to rent a house. Many Russians do not have the opportunity to buy a new apartment. Many families move to cities, students go to study, marriages break up. How to rent an apartment correctly, so as not to be deceived, how to draw up a rental agreement, how not to fall for "black" re altors, how to move into an apartment that suits you in all respects, you can find out by reading this article.

Renting an apartment - what is it?

Buying an apartment today is a very expensive pleasure, the most expensive apartments are in large cities, which is why many people choose to rent housing.

A housing lease is a contract in which the landlord undertakes to provide the tenant with residential property for personal use, and the latter undertakes to pay for it.

People who intend to rent an apartment should learn to understand the terminology of this market. The participants in the transaction are the tenant and the landlord. Tenant - they canbe both a legal entity and an individual to whom the property is transferred for personal use for a certain period of time. Both residents of the Russian Federation and citizens or organizations of other states can rent an apartment. Landlord - it can be both a legal entity and an individual who provides real estate for use for a certain period. The landlord must be the owner of housing or real estate, or authorized persons endowed with this right.

Each party to the transaction has its own advantages and disadvantages.

Tenant Benefits:

• opportunity to choose affordable housing;
• implementation of capital works or household problems (plumbing, windows, electrics) is the responsibility of the landlord;
• no need for additional costs for furniture and appliances.

Disadvantages for the tenant:

• psychological discomfort from someone else's home (feeling "like at a party", no desire to invest in home improvement);
• Additional costs associated with re altor fees.

The advantage for the landlord is additional income.

Disadvantages for landlord:

• problems with tenants (small children, animals, unscrupulous payers);
• care of the apartment (cleanliness, order, cosmetic repairs after the change of tenants);
• possible problems with the apartment through no fault of the tenant (leaking pipes, problems with electrical wiring, settlement of conflicts with neighbors).

Renting a home through a real estate agency

A real estate agency is an organization that accompanies transactions related to real estate objects. Agencies are engaged in both buying and selling housing, and supporting rental transactions.

The advantage of the agency is that the organization has a huge database for every taste and budget. The future tenant receives a larger selection of offers and can choose housing that is convenient in terms of location, content of the apartment, and price. An important point is that with the help of an agency there is less chance of falling for scammers or getting legal problems, because professionals know all the nuances when renting an apartment.

The real estate agency will take care of some of the problems of renting a house, namely:

• choose the best option according to the client's wishes;
• will prepare a lease agreement;
• will review all title documents and verify the legitimacy of the deal;
• will act as an intermediary between the tenant and the landlord in terms of prepayment for housing;
• will discuss all the details regarding the future deal;

The list of re altor services is prescribed in the service agreement, each agency provides its own range of services, which are specified in the document.

The agent's remuneration may vary depending on the reputation, experience and qualifications of the specialist. Usually this is a percentage of the monthly payment for an apartment. The amount of remuneration can reach up to 100% of the monthly rent.

When contacting a real estate agency, be sure to sign a contract for services. The contract specifies the amount of the transaction, as well as the terms for which the desired option will be selected.

What to look for when renting an apartment through an agency

Lawyers recommend remembering the following rules that will help you not to part with your money:

• do not pay in advance, pay only for actually performed services;
• all remunerations are prescribed in the contract before the start of the service, where the agent's data is entered;
• pay attention to the clauses in the contract about pen alties against the company or agents, this indicates that the company takes its obligations seriously;
• pay attention to the experience of the company, the longer the agency exists on the market, the better for the client.

Some unscrupulous agencies have the following scheme of fraud: a contract is concluded with the client, on the basis of which the agency provides the addresses of apartments, for which the customer makes payment before receiving them. In fact, it may turn out that these addresses do not exist or the apartment is not rented.

What to look for when renting an apartment if you are looking for yourself?

Inspection of future housing should not end with an inspection of the apartment. In order for the choice to be successful, certain inspection rules must be followed. Please note:

• which side the windows face;
• what floor in the house;
• on the type of house (Khrushchev, high-rise building, new building andetc.);
• in what condition is the yard area, the entrance and the landing;
• what neighbors live;
• how developed is the infrastructure;
• remoteness of public transport.

What to look out for

What to see when renting an apartment? There are a few other things to watch out for:

• how comfortable was the communication with the owner of the apartment;
• on the quality of window blocks;
• for the work of electrical wiring, gas and water supply;
• where are the valves, meters, telephone numbers of dispatch services (in case of an emergency).

How to rent an apartment correctly so as not to be deceived

Independent search for an apartment is possible, but remember that scammers are on the alert! What to look for when renting an apartment, so as not to run into trouble? To do this, you need to know the fraudulent schemes and be prepared for them.

In the media, you can come across a lot of ads about renting an apartment. But a conscientious owner is not always hidden behind the announcement. This may be an imaginary author, as well as an owner who can sublease the apartment (that is, the apartment has already been rented out). How to check an apartment when renting and what to look for.

Deception schemes:

1. Sublease. You can come across scammers who rent an apartment in which they are settled by the owner. Delivery occurs without notifying the owner, often for a larger amount.
2. Apartment for a day. swindlersrent an apartment by the day, while placing an advertisement for a long-term lease. Having paid a monthly rent to scammers, you may be faced with the fact that the owner may come in the morning and the apartment will have to be vacated.
3. Book an apartment. Fraudsters put up ads for apartments and leave a minimum of contact information. After receiving an advance payment for the reservation, contacts become unavailable.
4. Many applicants. The scheme lies in the fact that the apartment is simultaneously rented to several clients on an advance payment. The disappointment of tenants awaits at the moment of settlement.
5. Imaginary master. From the name of this scheme, it becomes clear that the person renting an apartment has neither the rights to it, nor the name by which he introduces himself. At the same time, you may be shown all documents for housing and personal data, but they will be fake.
6. Change in value. The tenant may face the problem of increasing the cost of rent. If an agreement has not been concluded, this situation can happen to everyone, literally the next month after settling in.
7. Rent without agreement. If there are several owners of the apartment, there is always a chance to lose the deposit if one of them refuses. It is possible to insure by writing these clauses in the contract.
8. Repair on account of rent. The scam is that the tenant is offered to make repairs in the apartment on account of the rent, often the cost of repairs exceeds the monthly payment. Upon completion of the renovation, the landlord finds reasons to ask the tenants to move out.

Regulations for renting housing

How to check an apartment when renting, so that your choice meets your wishes, you will learn by studying a number of basic rules that lawyers advise you to follow.

Rule 1: Use the services of professionals.

The above outlined various fraud schemes that may lie in wait for a future tenant, so it’s better to use the services of a real estate agency, where competent specialists will select the option of interest, check the legality of the transaction and legally accompany you in all days. But it should be remembered that not only people, but also organizations can deceive.

Rule 2: Verification of title deeds.

What documents to check when renting an apartment? Here, an important aspect is the conclusion of a lease agreement, which is accompanied by copies of all title documents for the apartment, as well as the tenant's passport data. The title documents include - a certificate of state registration of the right to an apartment. Pay attention to how many owners per apartment, because there can be several owners. Other owners do not always agree with the delivery of the apartment. Ask for a utility bill that shows who the bills are in. Registration in an apartment is not proof of ownership - remember this.

Rule 3: Get to know your neighbors.

This rule has a number of advantages, firstly, the neighbors know whose apartment this is, and secondly, you can get a lot of necessary, additional information, for example, how often they changetenants who used to live in this apartment and more.

Rule 4 Contractual relationship

Be sure to draw up a rental agreement, this is what to look for when renting an apartment in the first place! In it, discuss the amount, the transferred property, the terms of payment, the term for concluding the contract. If there is no form at hand, you can write the contract by hand, but you need to certify the paper by both parties. The agreement is concluded for a period of less than a year with the right to renew, otherwise, such an agreement is subject to mandatory state registration.

Rule 5. Inventory of property.

After the conclusion of the contract, it is necessary to draw up an inventory of the transferred property (or include it as an appendix to the contract). An inventory of the property is needed so that there are no questions “where did the TV go from the kitchen?”. All property leased is included in the inventory. You can also write the state of the property.

Rule 6: Dealing with your landlord.

Be sure to discuss how and when the tenant will check the apartment. The contract should indicate that major repairs and work after accidents (for example, pipe leaks) are the responsibility of the lessor. Otherwise, there may be two options: either you will wait a long time for the owner to correct the situation, or you will repair at your own expense.

Rule 7: Early termination

Be sure to specify in the contract the conditions for early termination of the contract from both sides. This usually consists of warning one party or another a certain time before departure.

Rent a room incommunal apartment

It is possible to rent a room in a communal apartment. Here we consider two options. First - if the room is privatized, then the owner has the right to do anything with the room within the law. There are certain rules for renting a room in a communal apartment. The owner must obtain the consent of other residents to rent out the room, this procedure is not mandatory, but recommended for a comfortable stay with neighbors. In addition, rules for the use of common areas are discussed. For the peace of mind of the neighbors, the conditions for visiting guests are being discussed.

The peculiarity of renting an apartment in a communal apartment is its footage. The law establishes that 12 square meters are allocated per person, that is, when two people live on such a footage, the neighbors have the right to go to court with a claim for infringement of the rights of other residents.

The second option, if the apartment is not privatized, then the procedure becomes more complicated. In order to rent a room, you must obtain permission from the municipal authority, and it is also mandatory to obtain the consent of neighbors living in a communal apartment.

The contract for renting a room in a communal apartment has its own nuances, because third parties are involved here. The document must specify all living conditions, rules of conduct (returning home, bringing guests when noise is prohibited, etc.). Also, the contract prescribes the rules for the use of common areas (toilet, bathroom, kitchen, corridor). It is desirable to enter the consent of neighbors in the form of signatures incontract.

Renting an apartment for a long time

The rules for renting an apartment for a long time include a mandatory check of the apartment for suitability for living. It is obligatory to check window blocks, gas and electrical equipment, the condition of pipes and plumbing. Emergency telephones need to be taken care of.

What do you need to check when renting an apartment that is rented for a long time? Typically, such a living space is rented with furniture and appliances, so it is important to include all appliances, furniture and utensils in the inventory so that you will not be billed for a non-existent microwave when you leave.

Be sure to discuss when the tenant needs access to the apartment. It will be unpleasant if, in the absence of tenants, the owner wants to check the order in the house.

The rules for renting an apartment for a long period dictate paying attention to the conditions for paying utility bills. If they need to be paid in addition to the rent, ask, or better yet, personally verify the monthly payments for the apartment. If 8 people are registered in the apartment and there are no counters for the apartment, you can end up with unpleasant amounts on the receipts. Therefore, be sure to check all meter readings and record the data in the contract. You can also find out possible arrears in utility bills, for this you need to contact the relevant institutions that serve this residential complex.

At the end of the lease, the landlord will check the property transferreddescription tenant. In case of damage, the tenant is obliged to compensate for the damage incurred either by cash compensation or by self-troubleshooting.

Apartment rental agreement

The apartment rental agreement is the main document that will protect both parties from disputes. What documents need to be checked when renting an apartment was written above, but let's dwell in more detail on what the landlord must provide:

• Certificate of state registration of property.
• Certificate of inherited property.
• Donation agreement.
• Contract of sale.

The documents check the real estate object itself (its address), as well as the presence of owners. If the owner is alone, request an identity document (passport, driver's license). If there are several owners, then in addition to confirming the identity, it is necessary to obtain the consent of other owners to move in.

The standard form of the contract includes 8-9 main sections. Lawyers advise paying attention to the following nuances when drawing up a contract:

• The header of the agreement contains the details of the tenant and the landlord: full name, passport details, indicating registration. The place of conclusion of the contract and the date of conclusion are filled in.
• The first section is the subject of the contract. It is written here that the landlord transfers, and the tenant accepts the property for use. The section specifies the data of the transferred object. His address, certificate of ownership data, number of storeys,footage, number of rooms.
• Second section - general provisions. The section indicates that the apartment is rented with the property that is listed in the inventory. It is prescribed that the apartment does not have any encumbrances (arrest, bail), the moment of handing over the keys is discussed, and the persons who will live with the tenant.
• The third section specifies the rights and obligations of the parties. Typically, the obligations of the landlord are to transfer the apartment in a habitable condition, the rights of the landlord to check the integrity of his property and maintain order in the apartment are described. The obligations of the tenant include the timely payment of the rent, the maintenance of the property in order, providing access to the apartment at the request of the landlord. The section also discusses obligations to compensate for damage to property during residence, distributes obligations to perform repairs (major, current, emergency).
• The contract should include the conditions for terminating the contract. Termination can be by agreement of the parties, or by a court decision, or in case of non-compliance with the clauses in the contract.
• One of the important sections is the cost and payment procedure. It indicates the amount of the monthly rent for housing, the terms of payment and the procedure for payment. Also, if a deposit is made or an advance payment is made, this must be recorded in the document. In the same section, it is necessary to prescribe the terms of payment for utility bills, telephone bills, gas, Internet and more.
• Mandatory must be a section with the term of the contract. Do not enter into a contract for more than oneyears, since such agreements are subject to mandatory state registration with entry in the register. Typically, the contract is concluded for a period of 11 months with the right to prolong (extension for the next period). Here you should specify the conditions for early termination. It is necessary to indicate how many days before the exit from the apartment it is necessary to notify one of the parties. It is also advisable to indicate the percentage of the pen alty for early termination.
• The other conditions include various aspects, for example, force majeure, damages, accidental loss of property and more are discussed. And also the number of copies of the contract is prescribed.
• The details of the parties should include all the details of the tenant and the landlord. Passport details, residential address and contacts.

The agreement is drawn up in two copies, one for each party. The contract is signed by two participants and from that moment the transaction receives a legal status.

Reviews from landlords

The landlords themselves are also interested in not running into scammers or negligent tenants. Judging by the reviews, they prefer to seek help from agencies where they can present their list of requirements for future tenants. Also, homeowners say that they most often prefer to conclude a contract, while many tenants do not want to be held responsible. In the reviews of landlords about the peculiarities of renting housing, one can note a wave of indignation over the fact that many tenants do not comply with the rules for renting housing, which werespelled out in the contract, which leads to conflicts.

Conclusion

How to check an apartment before renting, what documents to consider, how to draw up a contract correctly is described in this material. It is not difficult to find a suitable apartment, it is much more difficult to properly formalize the relationship between the parties and not fall into fraudulent activities.