We tell how to make a contract for renting an apartment and pick up a suitable taxation scheme to minimize costs, avoid conflict with the law and not be a victim of funerals.
Having heard the stories about unscrupulous tenants, sensible homeowners sooner or later come to the decision to rent housing legally. With a competently composed contract of hiring or lease, the tenant cannot avoid responsibility for the pounce in the apartment and outstanding debts, and the attempt to turn the scaffold with someone else's living space against the scammers themselves.
Photo: Instagram Omega_Group_SPB
Collect documents for renting an apartment
For legal delivery of the apartment, houses or rooms for rent need a formal document - a written agreement between the landlord and the tenant. If the real estate is handed over to an individual, a contract has been drawn up if the lease is the organization - the lease agreement. The difference is that it is not necessary to register a hiring agreement, and the lease agreement for more than one year is submitted to Rosreestr at mandatory.
Photo: Instagram Andom_1991
Practice shows that the contract of hiring concluded for the year and more, better register. On the other hand, the conclusion of a long-term employment contract expands the rights of the employer. If you do not trust the tenant, consult with a lawyer how to compile a contract so that it is not interpreted as long-term.
When concluding a long-term contract of hiring, a family with children can claim the extended rights of the employer. Photo: Instagram kompromiss9402
Prepare documents for the conclusion of a contract of hire or lease of real estate is the easiest way to sole owners.
If no one is registered in the apartment, you will only need a passport and a document confirming the ownership of housing. If you share the living space with someone else, you will also need an extract from the personal account.
Photo: Instagram Omega_Group_SPB
To rent an apartment, which has several owners, is permitted only with the consent of co-owners, and the passage of municipal housing needs to be coordinated with the hide. Consent is notarized, and at the conclusion of the contract, all owners of real estate should be present. Below in the table discussed in detail the procedure for harmonizing the rental of apartments and rooms in publications.
Photo: Instagram Rieltor_irina_gan
| Consent co-owners | Consent of the Made Page | The consent of citizens registered in the apartment | The consent of neighbors | |
|---|---|---|---|---|
| Privatized housing | +. | - | - | - |
| Municipal accommodation | - | +. | +. | - |
| Share in a privatized apartment | +. | - | - | - |
| Room in the municipal apartment | - | +. | +. | - |
| Privatized room in a communal | +. | - | - | +. |
| Updated room in a communal | - | +. | +. | +. |
How to make a contract that will work for you?
The procedure for making contracts for hiring and leasing properties is established by Articles 34 and 35 of the Civil Code of the Russian Federation. The document is compiled in simple writing; The main thing is to clearly and unequivocally fix the rights and obligations of the parties to the case of the dispute. The contract must contain:
- details of the landlord and tenant;
- information about other owners of the living space;
- data on the privatization of housing;
- contract time;
- the number of future tenants;
- monthly rental fee;
- Exact payment time and money transfer method;
- Responsibility for payment of utilities (who and in what amount makes payments);
- Terms of use of household appliances and personal belongings;
- the conditions for refunding money for non-payment and the amount of compensation for causing damage to the property of the lessor;
- resolution or ban on the content of animals in the apartment;
- The procedure for conducting checks of the state of the apartment;
- Additional agreements.
A clear distribution of utility payments will save the owner of the apartment from unpleasant surprises. Photo: Instagram Ogranovskii
Decorate the visits time for checking the state of the apartment, otherwise you can blame you. Photo: Instagram Nadezhnyirieltor
The contract of employment is attached to the act of receiving the property of the owner with a detailed description of the situation. Based on this document, if necessary, you can prove that damage is applied by the tenant.
Flood in the apartment will not come down to tenants from hand, if there is a contract of hiring with the act of receiving property. Photo: Instagram Silana.Dance
The law does not oblige the employer to present evidence of its solvency, however, the landlord has the right to demand a certificate of income or an extract from the tenant bank account in order to sear the potential debtors in advance. But the tenant is not obliged to deal with other people's debts, so be prepared to present documents confirming that the apartment is not laid and you are not listed for payment of utility bills.
We deal with taxes: how to pay less?
The Tax Code of the Russian Federation provides for not only administrative, but also criminal liability for evading the payment of real estate taxes. Most often, dissatisfied neighbors are in the role of informants of FTS, so it's easier once a year to hand over the declaration to the tax inspection at the location of the apartment than to live in the eternal fear of the den.
Photo: Instagram Ogranovskii
If the landlord acts as an individual, the amount of tax payments is calculated in form of 3 ndfl. The registration of IP makes it possible to choose between three taxation schemes: general, patent or simplified. The amount of payments is calculated based on the size of the monthly rent, prescribed in the contract. In most cases, a simplified system is most advantageous - the amount of payments does not exceed 6% of the profits received from the apartment.
Photo: Instagram Ocinkaua
Real estate tax for individuals, as a rule, is 13% of the income received from the apartment during the year. If the amount of income from rental rental over the last month is 10 times more than minimal salary, the rate rises to 17% of the amount of exceeding.
As you can see, real estate rental tax is not as terrible, as it seems at first. Penalties and charges are expensive!
Have questions left for the apartment? Check out this video guide.