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

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

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

2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and legally protected interests of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.”

Consequently, the owner of the room has the right, among other things, to rent out his room in a communal apartment. If, during the course of residence, the tenant infringes on the rights of neighbors in the apartment, then the neighbors have the right to put forward demands for the elimination of these violations, up to and including termination of the rental agreement with this tenant. Renting out a room in itself is not an infringement of the rights of your roommates.

However, if your neighbors are categorically against it, the tenant of the room may have problems living in this apartment, and the owners of other rooms in the communal apartment may create unbearable living conditions for your tenants. Therefore, in any case, it is better to try to come to an agreement with your neighbors, and if this fails, then at least reduce the risk of adverse consequences for employers. In addition, following judicial practice, when moving in tenants, you need to take into account the following point: the number of tenants being moved in should not exceed the number of registered persons in a given apartment.

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

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

I want to rent out a room in a two-room communal apartment. Please tell me whether the neighbors' consent is required to register a temporary tenant if there is a tenancy agreement. My room is privatized.

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

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

Does the lease agreement need to be notarized?

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

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

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

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

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

In what cases does the landlord receive a deposit? In some cases it is not returned.

When renting out an apartment, it is advisable to provide in the agreement that the owner of the apartment receives a security deposit from the tenant. As a rule, this amount is the monthly rent for an apartment.

These funds are a guarantee of the safety of the apartment and the property in it during the term of the rental agreement, as well as a guarantor of payment by the tenant for electricity bills, an invoice for long-distance calls and other services that the tenant must pay in accordance with the agreement.

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

Is a rental agreement concluded for six months subject to registration?

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

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

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

What is the difference between a lease, lease and sublease agreement for residential premises?

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

A lease agreement is concluded only if the residential premises are rented by a legal entity. But the owner of a residential premises can be either a legal entity or an individual; in the contract they are designated as the tenant and the lessor.

A sublease agreement is concluded if the apartment is not privatized. In this case, the apartment is owned and used by an individual on the basis of an agreement social hiring, and the apartment is rented by an individual. In the contract they are respectively designated as the tenant and subtenant.

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

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

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

11.04.2009, 12:00

11.04.2009, 12:07

No, it won't.

11.04.2009, 12:11

No, it won't.
What if my son has a power of attorney?

11.04.2009, 12:28

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

11.04.2009, 17:21

What if my son has a power of attorney?
The task conditions do not say this. I'm too lazy to fantasize. You can also assume trust management of the apartment, but why?

11.04.2009, 21:55

Or just rent without a contract, etc.?

11.04.2009, 23:27

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

:016: Ppptranslate:028:

Leslie Winkle

12.04.2009, 00:22

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

Nadyushka's mom

14.04.2009, 15:18

Tell me, who has the right to rent out an apartment - only the owner or maybe just the person registered in it? We are going to rent an apartment with a contract, the contract must be provided to work for partial compensation of the rent. But in the KTR apartment we chose, the owner lives in another city, his son (registered there) is renting it out and the owner is closing. he is also a contract. Will such an agreement be valid?
Of course, you can rent, but you may also run into problems, for example, the owner suddenly arrives and you will be forced to leave the apartment within 24 hours without returning the deposit.

14.04.2009, 16:28

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

14.04.2009, 18:47

And I have a question.

14.04.2009, 19:03

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

Since it’s official property, it doesn’t belong to them; the owner can hand it over.

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

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

14.04.2009, 20:13

Can someone give me some advice on this situation: there is a room. The owner is not at all concerned about her fate. To avoid even paying rent, he entrusted it to relatives. They want to rent. It remains unclear whether this can be done so that the residents do not have problems with the police later (the communal apartment is troubled: the neighbors want to live alone). And is it possible to pay taxes for the owner so that there are no problems with this either? He himself does not want to lift a finger (they asked for a power of attorney - nothing).
Or just rent without an agreement, etc.? Theoretically it is possible, acting in the interests of a third party, in practice it is more difficult.
only with the permission of the guardianship and trusteeship authorities.
This is all according to the law, in fact, everyone forgets about it, unless of course it suits the employers. What are you saying? Parents rent on behalf of children without alienation without anyone's consent (or exile to the studio), if the owner is a minor living in the apartment, part of the apartment is going to be rented out by another owner, then no one's consent is required.

14.04.2009, 20:37

This is about the question of whether permission from the guardianship authorities is necessary if the parents of a minor decide to rent out his property under a rental agreement: Order of the Ministry of Justice Russian Federation dated July 20, 2004 N 126 Moscow On approval of the Instructions on the procedure for state registration of the rights of minors to real estate and transactions with it

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

Renting (renting), providing for gratuitous use, pledging property belonging to a minor under the age of fourteen years by legal representatives or giving consent by legal representatives to carry out such transactions by minors aged fourteen to eighteen years (clause 1 of Article 28, paragraph 2 of article 37 of the Code, paragraph 3 of article 60 of the Family Code);..."

Just don’t say that for a rental agreement concluded for a period of less than a year, it is not necessary to obtain permission from the guardianship authorities, because it is not subject to state registration!

What is the procedure for renting out a private apartment? Where to go so as not to be deceived? And what do I need to be taxed? Thanks in advance.

• An apartment owned by a citizen by right private property can be rented out. To draw up a rental agreement, it is enough to resort to the services of a real estate company or do it yourself, sealing the agreement with the signatures of both parties. Not even a notary certification is required. The document has legal force even without it. It is best to conclude a rental agreement in writing, since if disagreements arise, it is difficult to argue your claims if the relationship is formalized orally and not in writing.
  By contacting a real estate company for help in drawing up a rental agreement, you will be offered a package of documents necessary to conclude a rental agreement, which contains all the essential terms of the agreement necessary to protect your interests during the period of validity of the rental agreement. For detailed information, you can contact the rental department by multi-line phone 663-15-51.
  By renting out residential premises, you thereby receive income in the form of rental fees. Thus, you have an obligation to pay personal income tax. The Tax Code sets the rate for this type of tax at 13%, provided that you are a tax resident of the Russian Federation. You calculate the amount to be paid yourself, and no later than April 30 following the tax period you must submit to tax office income declaration at the place of your registration. More detailed information on filling out declarations, etc. can be obtained by contacting the tax office.

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

• The tenant of residential premises provided under a social tenancy agreement, with the consent in writing of the landlord and members of his family living with him, has the right to transfer part of the residential premises occupied by him, and in the case of temporary departure, the entire residential premises for sublease. A sublease agreement for residential premises provided under a social tenancy agreement can be concluded provided that, after its conclusion, the total area of ​​the corresponding residential premises per resident is no less than the accounting norm, and in a communal apartment - no less than the provision norm. To sublease residential premises located in a communal apartment, the consent of all tenants and members of their families living with them, all owners and members of their families living with them is also required.

What tax is the landlord of an apartment in Moscow subject to?

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

Can I, as an owner, rent out an apartment to an individual under a lease rather than a rental agreement? Is such an agreement subject to registration if it is concluded for a period of half a year (year). And, most importantly, what rights does the owner of the apartment have? Those. Is it possible to consider the contract terminated and evict the tenants if they violate their obligations?

• 1. The term hiring or renting is not as clear as it seems at first glance. According to current legislation, an individual renting an apartment from the owner must enter into a rental agreement; accordingly, in the agreement they are designated as the landlord and the tenant. A lease agreement is concluded only if the residential premises are rented by a legal entity. But the owner of a residential premises can be either a legal entity or an individual; accordingly, in the lease agreement they are designated as a tenant and a landlord. One of the main differences between a lease agreement and a residential tenancy agreement is the subject of ownership and use of the residential premises, that is, who rents the apartment. In both cases, the apartment is the property of the owner, which is confirmed by ownership documents.
  2. A residential lease agreement concluded for a period of less than 1 year is not subject to mandatory state registration.
  3. An apartment owner who rents out his property has the right to receive cash in a certain amount for renting an apartment. Accordingly, the amount of payment for renting an apartment, as well as the timing of payment, are fixed in the rental agreement.
  In addition, the contract must also provide for the time and procedure for you to visit your apartment to receive money for rent, as well as for monitoring order in the apartment itself. In practice, a visit is usually provided once a month with prior notification to the employer one or two days before the visit. To guarantee payment by the tenant of electricity bills, as well as MGTS bills, the safety of the apartment and property in it, the owner of the apartment takes a security deposit in the amount of a monthly rent, which is refundable at the end of the contract, provided that the tenant has transferred the apartment and property to you in in good condition and no arrears in payment. Be sure to list in the contract all members of the tenant’s family who plan to live in your apartment in order to avoid possible conflict situations. A very important document is the Certificate of Transfer of Apartment and Property, in which you describe in great detail the condition of the apartment and the list of property, if any, will be transferred to the tenant. The list in the Act must be specific and detailed; if you are transferring a washing machine, then indicate, for example, washing machine companies (“Ariston”), etc. This is necessary so that, at the end of the rental period, your employer does not say that, for example, he purchased the TV with his hard earned money, and you did not give it to him for temporary use. Of course, the rental agreement must provide for the conditions for early termination of the agreement both at the initiative of the lessor and at the initiative of the tenant in violation of the terms of the agreement by either party, or own initiative. In fact, it is necessary to include in the rental agreement all the agreements that were reached during the negotiations, because it is known that words cannot be put into action, so in order to avoid possible conflicts, put all agreements in writing.

Does the law oblige the registration of a tenant renting living space under a tenancy agreement if he is a citizen of the Russian Federation?

• (Extract from the Code of Administrative Offenses of the Russian Federation)
  Article 19.15. Residence of a citizen of the Russian Federation without a citizen's identity card (passport) or without registration
  1. Residence at the place of residence or at the place of stay of a citizen of the Russian Federation who is required to have a citizen’s identity card (passport), without a citizen’s identity card (passport) or with an invalid citizen’s identity card (passport) or without registration at the place of stay or at the place of residence. (edited) Federal Law dated 12/08/2003 _ 161-FZ)
  entails the imposition of an administrative fine in the amount of fifteen to twenty-five minimum sizes wages.
  2. Allowance by a person responsible for compliance with the rules of registration of residence of a citizen of the Russian Federation without a citizen's identity card (passport) or on an invalid citizen's identity card (passport) or without registration at the place of stay or place of residence, as well as admission by a citizen of residence in the place he or she occupies or in a residential premises owned by him without a citizen's identity card (passport) or without registration at the place of stay or place of residence - shall entail the imposition of an administrative fine in the amount of from twenty to twenty-five times the minimum wage. (as amended by Federal Law dated October 25, 2004 _ 126-FZ)

Please explain the difference between lease, rental and sublease agreements.

• A rental agreement is concluded if the apartment is owned by an individual or legal entity, and the apartment is rented by an individual; accordingly, in the agreement they are designated as the lessor and the tenant.
  A lease agreement is concluded only if the residential premises are rented by a legal entity. But the owner of a residential premises can be either a legal entity or an individual; accordingly, in the lease agreement they are designated as a tenant and a landlord.
  One of the main differences between a lease agreement and a residential tenancy agreement is the subject of ownership and use of the residential premises, that is, who rents the apartment. In both cases, the apartment is the property of the owner, which is confirmed by ownership documents.
  A sublease agreement is concluded if the apartment is municipal property, i.e. received from the state and not privatized. In this case, the apartment is owned and used by an individual on the basis of a social tenancy agreement, and the apartment is also rented by an individual. Accordingly, in the contract they are designated as the tenant and subtenant.

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

A room can be rented out, but only with the consent of the co-owners and persons registered in this room.

When concluding a rental agreement with the owner of an apartment, is the written consent of the people registered in this apartment required?

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

Is it allowed by law to rent out a non-privatized (municipal use) apartment and under what conditions?

• Extract from Housing Code RF
  Article 77.
  1. The sublease agreement for residential premises provided under a social tenancy agreement is concluded in writing. A copy of the sublease agreement for residential premises provided under a social tenancy agreement is transferred to the landlord of such residential premises.
  2.
  3.
  Article 77. Sublease agreement for residential premises provided under a social tenancy agreement
  1. The sublease agreement for residential premises provided under a social tenancy agreement is concluded in writing. A copy of the sublease agreement for residential premises provided under a social tenancy agreement is transferred to the landlord of such residential premises.
  2. The sublease agreement for residential premises provided under a social tenancy agreement must indicate the citizens moving into the residential premises together with the subtenant.
  3. A sublease agreement for residential premises provided under a social tenancy agreement is concluded for a period determined by the parties to the sublease agreement for such residential premises. If the contract does not specify a period, the contract is considered to be concluded for one year.
  Article 78. Payment for subletting of residential premises provided under a social tenancy agreement
  1. The sublease agreement for residential premises provided under a social tenancy agreement is paid.
  2. The procedure, conditions, terms of payment and amount of payment for the sublease of residential premises provided under a social tenancy agreement are established by agreement of the parties in the sublease agreement for such residential premises.

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

• In accordance with Article 679 of the Civil Code of the Russian Federation, tenants who live in your apartment, upon the birth of a child, have the right to move their minor child into your apartment, regardless of your consent. This child will not have any other rights to your apartment, he will not be able to dispose of your apartment, he only has the right to live in your apartment together with his parents for the duration of the lease agreement.
  Article 679. Moving in citizens permanently residing with the tenant.
  With the consent of the landlord, tenant and citizens permanently residing with him, other citizens may be moved into the residential premises as permanent residents of the tenant. When moving in minor children, such consent is not required.
  Move-in is permitted subject to compliance with the requirements of the law on the norm of the total area of ​​living space per person, except in the case of the move-in of minor children.
  (as amended by Federal Law dated December 29, 2004 _ 189-FZ)

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

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

We rented an apartment a month ago, paying accordingly a commission to the realtor, rent, deposit, generally a decent amount. Now they tell us that the apartment is being sold and they are asking us to vacate the apartment within a week. It turns out that after paying three months' rent, we only lived for a month.

• Article 675(Civil Code of the Russian Federation) Preservation of a rental agreement for residential premises during the transfer of ownership of residential premises
  The transfer of ownership of residential premises occupied under a lease agreement does not entail termination or modification of the residential premises lease agreement. At the same time new owner becomes a lessor under the terms of a previously concluded rental agreement.

I am renting a 3-room apartment, the lease term is ending soon, please tell me what should be checked first in the apartment so that there are no problems later, in addition to the appearance?

• Depending on how you have distributed the responsibilities for paying rent and utility bills with your employer, you will need to check that the employer is fulfilling its obligations. In particular, check with the billing center to see if there are any outstanding payments for electricity (checked using meter readings and data at the billing center). Payment for long-distance and international telephone conversations the employer is checked at the local telephone exchange. It is also important to find out whether the tenant has caused damage to your living space and property in it, for which purpose carefully check the property not only appearance, but also in terms of its functional performance. Otherwise, after the tenant leaves, it will be difficult to make claims against him. Be aware that according to the law, the lessor's property must be returned at the end of the lease period in the same condition in which it was received, taking into account natural wear and tear (Article 622 of the Civil Code of the Russian Federation). It is very important to check whether the tenant has caused damage to your neighbors, especially from the lower floor (for example, by flooding). Why ask your neighbors? this question. And if damage was caused, make appropriate claims to the employer. Record all damage caused using an appropriate report with the participation of DEZ employees.
  When renting an apartment, how can you make sure that the person posing as the owner of the apartment is really its owner, and that there won’t be some relative living there who doesn’t even know that the apartment is being rented?
  Before concluding a rental agreement for residential premises, a potential tenant must check the owner’s documents for housing. If the residential premises are owned, then its owner must provide for review the title document for the housing (certificate of state registration of ownership of the apartment (room) and one of the following documents: purchase and sale agreement, donation, exchange, etc.) . From these documents you can find out who actually is the owner of the property and their circle. To identify all persons who do not live in the property, it is necessary to take an extract from the house register from the REU. If the housing is municipal, then its owner must provide you with a social tenancy agreement and/or a housing warrant for review; if he does not have these documents, he can take from the REU an extract from the house register and a copy of the financial and personal account, from which you can also find out all persons registered in the residential premises. All adult citizens permanently residing in residential premises must give written consent to renting out housing.

What documents must be provided to the landlord to enter into an agreement with you to find a tenant?

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

How can I rent an apartment if I don’t have temporary registration? Will they register me if I have a rented apartment?

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

Hello! What if we rent an apartment through you and the landlady kicks us out just like that? How does the treaty protect us? I was told that your agreement is only for intermediary information services, and if something happens you won’t help. Why should we pay you 100%? I will be glad to hear your answer.

• Our Company - Balog Brokerage, one of the few in the Moscow rental market, guarantees its clients compensation for damage caused by early termination of the rental agreement at the initiative of the Landlord (the owner of the residential premises), in the absence of the tenant’s fault (i.e. if the tenant fulfilled his obligations in good faith payment of rent, intended use of housing, maintaining it in good condition, etc.). Damage is compensated in two ways, depending on the reason for early termination of the contract - 1. compensation to the client-employer of the commission received from him for the Company’s services; 2. Free relocation of the tenant to another residential premises, the characteristics of which are similar to the original rental housing. To confirm its obligations, the Company is issued a Warranty Card. The specified Warranty Card is issued to those of our clients who enter into an Exclusive Agreement with us. But we also support other clients, rehouse them with a discount in payment, provide legal assistance etc. Thus, the Company - Balog Brokerage bears full responsibility for the services it provides. We want our clients to be satisfied with the quality of our services and to cooperate with us on a long-term basis.

Does a properly executed apartment rental agreement give the right to temporary registration at the place of stay without the consent (participation) of the owner-lessor?

• No, it doesn't. Because these are slightly different questions. By concluding a rental agreement with the owner of a residential premises, you, as a tenant, acquire the right to use the relevant residential premises for a period specified in the rental agreement. To register at the place of stay in a rented residential premises, a concluded tenancy agreement is not enough. The owner of the home must, together with the tenant, appear at the passport and visa service and give his written consent to the tenant's registration in his residential premises.

I am registered in a room in a privatized communal apartment, I want to rent it out. Only the neighbors (a family of three) categorically object. Can I rent out my room? What countermeasures can neighbors take? They argue that there are common areas and the entry of unauthorized persons will violate the rights of neighbors. How many people can I let into an area of ​​13 sq.m. by registering temporarily?

• If your apartment has become your sole property as a result of privatization and you have the appropriate documents confirming this (agreement on the transfer of residential premises into the ownership of a citizen in the manner of privatization, a certificate of ownership of the room), then you can independently, without asking the consent of your neighbors, realize your the owner’s right to dispose of his property, in particular by leasing it. To date, the Law does not contain the obligation of the owner of a room in a communal apartment to ask the consent of the neighbors in the apartment to rent out such a room. On the contrary, the consent of neighbors is required to sublet a non-privatized room (Clause 2 of Article 76 of the Housing Code of the Russian Federation). Regarding common areas, judicial practice follows the following path: the number of tenants of a room in a communal apartment should be equal to or slightly (1-2 people) greater than the number of citizens who lived or had the right to live in this residential premises before renting out the room. There is no standard for residential (total) area for registration at the place of stay in a privatized room, the only limitation is the above for common areas, and even then, it is not enshrined in the law.

My family and I rented an apartment. Can we change the lock on the door before the lease ends? The contract does not say anything about this and we did not talk about it with the owner of the apartment.

• According to Art. 678 of the Civil Code of the Russian Federation, the tenant has no right to carry out reorganization and reconstruction of residential premises without the consent of the landlord. In this case, replacing the lock front door in the apartment does not apply to either the refurbishment or reconstruction of the residential premises. There is no prohibition on changing the lock in your contract. In this regard, you do not need to obtain the consent of the landlord (owner of the apartment) to change the lock. At the same time, according to the Civil Code of the Russian Federation, the tenant, upon expiration of the rental agreement, must return his residential premises to the landlord in the same condition in which it was transferred at the conclusion of the agreement, taking into account natural physical wear and tear. Thus, by replacing the lock on the door, at the end of the rental agreement, you will either have to restore the living space to its original condition (by returning it to its place old castle), or compensate the landlord for the cost of these works.

We rented an apartment for a year through an agency. We entered into an agreement with the owner. The apartment was in terrible condition, but we agreed with the landlady that we would make repairs (initially, the landlady herself suggested this to us when we inspected the apartment), because... It is impossible to live in such an apartment and the owner understood this. We made repairs, removed the cockroaches (which the landlady did not warn us about) and cleaned the dirt from the apartment. Three months after the conclusion of the contract, the landlady, citing a desire to sell the apartment, asks us to leave. In light of such events, we want to return the money for repairs, because... the agreement on repairs was subject to our stay until the end of the contract, i.e. year. When concluding the contract, we, of course, did not ask her to certify in writing her consent to the repairs (this was our mistake), the woman seemed decent to us and when I asked directly whether it would turn out that after the repairs you would ask us to move out, she was very offended. Before the renovation began, we took photographs of the apartment (shabby walls and ceilings and all the rubbish). Can we return part of the money for repairs if the owner refers to the fact that although she gave verbal consent, she did not confirm this in writing and therefore will not return anything.

• You have no reason to fear that your repair costs will not be refundable, since according to Civil Code RF (Clause 2, Article 623) only states that the tenant must obtain such consent from the lessor before starting to improve the leased property, but it does not say that consent must be obtained in writing. It can be given by the landlord orally. Therefore, you will only need to prove the fact of obtaining such consent using, in particular, witness testimony, documents, for example, in agreement with the owner of the apartment of certain repair conditions, etc. In addition, the desire of the property owner to sell it is not grounds for terminating the tenancy agreement, so you can live in this residential premises until the expiration of your tenancy agreement.

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

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

I am the owner of the apartment. Can I give a person living in it a Power of Attorney for the right to manage the living space that belongs to me? The text of the power of attorney provides for the payment of all taxes and fees, repairs, and ensuring order. The text of the power of attorney also provides for my granting the tenant the right to carry out all types of insurance, receive insurance compensation, submit and sign applications on my behalf, receive necessary documents and certificates, sign and perform all actions related to this order. Question: if such a power of attorney is legal, won’t the tenant, in the event of unfavorable future relations (all is well for now), be able to use this power of attorney in his own interests and lay claim to my apartment?

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

• Good afternoon Is it possible for your company to provide a home assessment service? A year ago, we signed a lease agreement without noting the housing's shortcomings; now the landlord is demanding repairs to the falling tiles and parquet flooring (we lived here a year and a year ago, and they were like that when we moved in).
  Of course, it’s bad that you didn’t record in writing the shortcomings of the housing and property in it transferred to you. This is very important as it protects both parties to the tenancy agreement. However, the condition of the housing at the time of its acceptance can be confirmed by testimony (preferably not from interested parties - neighbors, utility workers, although these could also be your friends). In any case, renting out housing should not be a means of illegal gain for the landlord, in particular by unlawfully demanding unjust enrichment from the tenant, who finds it difficult to confirm the condition of the housing. The landlord receives rent for renting out housing and does not have the right to demand that the tenant carry out repairs, except in cases where there was an appropriate agreement on this before the conclusion of the contract, or the tenant, through his actions, seriously worsened the condition of the housing. Let me remind you that according to the law (Civil Code of the Russian Federation), the tenant is obliged to return the housing to the landlord in the condition in which he accepted it, taking into account its natural wear and tear. Our company, being a leader among Moscow real estate agencies, provides its clients with the widest range of services to support real estate transactions, including real estate valuation. The company has qualified employees who have the appropriate license to carry out valuation activities.

Good afternoon Are there any income tax benefits for pensioners and disabled people on amounts received from renting out an apartment?

• According to the current Tax Code of the Russian Federation (Article 218), the following tax deductions for income tax are provided for certain categories of citizens: disabled people of the Great Patriotic War Patriotic War- in the amount of 3,000 rubles for each month of the tax period; Participants of the Second World War, participants of the siege of Leningrad, disabled people since childhood, disabled people of groups 1 and 2 - 500 rubles for each month of the tax period. In addition, the Tax Code of the Russian Federation provides a tax deduction in the amount of 300 rubles for each month of the tax period - to persons (parents, their spouses, guardians, trustees) who are supporting children under 18 years of age, as well as students studying in educational institutions. educational institution for full-time education - up to the age of 24 years.

I want to rent out an apartment for a long term. Question: is the rental agreement subject to registration with the BTI? Do I need to register as an individual entrepreneur and pay 6% tax? The thing is, I don't want to do this. Do I have the right to simply pay personal income tax and, in this case, do I need to register this agreement with the tax office? If so, which department should I contact? Thank you.

• The rental agreement for residential premises is not registered in the BTI (technical inventory bureau), nor is it registered in the Main Directorate of the Federal Registration Service for Moscow (formerly Mosregistration). The specified agreement is subject to registration in the DEZ (REU) servicing your residential premises. Registration as individual entrepreneur your own business. If you want to reduce the tax burden, then of course it makes sense. At the same time, you may not register as an entrepreneur and remain in the status individual When renting out your home, you will be required to pay tax on income received from renting out your home - at a rate of 13%. The rental agreement is not subject to registration with the tax office. It will only need to be submitted to the relevant tax office by April 30 of the corresponding year, simultaneously with the submission of the income tax return. In the declaration you must indicate all income received during the reporting period, incl. income from rental housing. And to confirm the amount of such income, you will present your rental agreement and other documents.

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

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