Any owner calculates how much you need to rent your apartment, and the tenant hopes to find the best option for the lowest price. The landlord is confident that he will be able to evict the tenant at any time, and the tenant will never be able to raise the rent. But there are nuances that both sides need to take into account.
Many rent and rent an apartment without the participation of realtors, so the conclusion of the contract for the majority - a waste of time. They say that this “piece of paper” will not help in court anyway. And this is the most important misconception in the rental market. After all, only a contract is a guarantee of peace of mind, both for the apartment owner and the tenant. All that is spelled out in the contract will be relevant if the case goes to court.
“The main way to minimize your risks when entering into a rental relationship is to enter into a competent agreement in which all living conditions are described in as much detail as possible,” warns Natalia Sivko, managing director of Miel-Rent.
For example, the contract tenant may hedge against a sudden increase in rent by the owner, writing clear numbers and all the possibilities to increase the cost of rent. “ Recently, because of the high exchange rate, the rise in prices for goods and services of housing and public utilities, landlords have attempted to increase the rent, but if the contract provides for a fixed rate, it is valid until the end of the contract’s validity period,” stress Incom Real Estate.
Tenants are worried that they will remain on the street if the owner suddenly decides, for example, to sell an apartment. This will not happen if you correctly spell out all the conditions about the possibility of early termination of the contract. As Natalia Sivko explains, in the event that the landlord tries to evict the tenant ahead of time solely on her whim, there are usually penalties in the rental agreement.
“On their basis, in the event of an unreasonable eviction from the apartment, the tenant has the right to collect the full amount of the fine from the landlord,” she said. If the contract is concluded for a fixed period and the clause on early termination is not registered, then even if the apartment is sold to another person, then under article 675 of the Civil Code of the Russian Federation, transfer of ownership does not entail termination of the employment contract or changes in its conditions.
There are two options when a rented apartment needs repair: if it is initially rented in “concrete” in a new building, or the state of repair is so terrible that it is impossible to do without repair. In general, when the repair is not a whim of the tenant, but a necessity, that is, a real opportunity to recover the money spent on it. But then you also need to stock up the necessary item in the contract. Verbal agreements do not matter here.
“The document prescribes the amounts for which the tenant makes repairs. As a rule, the amount for repairs is deducted from the rent. For example, repairs cost 100 thousand rubles, and the price of an apartment is 30 thousand rubles a month, in which case the tenant may pay not 30 thousand rubles a month, but 20 thousand rubles for 10 months. These moments must be spelled out in the contract, ”underlines Roman Babichev, head of the rental department at Azbuka Zhilya.
Another common misconception is that without a notary, the signed contract does not have legal force. As the experts of the department of apartment rent “Inkom-Real Estate” assure, a visit to a notary is a voluntary matter. “The law does not require notarization of the signatures of the parties when drawing up an agreement on renting an apartment. Their presence or absence does not affect its validity, since the conditions of the contract come into force without it, according to Article 674 of the Civil Code of the Russian Federation, are considered to be concluded from the moment of its signing by the parties), ”the company underlines.
Most often, an apartment rental agreement is concluded for 11 months, with the option to renew it. However, keep in mind - this is just a whim of the owner or tenant, a contract of employment can be concluded for any term. “There are apartments that can be rented daily, can be rented for 1-2 months (an apartment, for example, is sold) or for 3-5 months if it is a summer rental. There is a long-term lease for a year or more, ”explains Roman Babichev.
Many treat the low cost of renting cautiously, fearing to run into scammers. But when they see the price, which, according to the tenant, is adequate for the selected apartment, they lose their vigilance and gladly give the stranger an advance payment and an insurance deposit. However, the right price to protect against a fraudster can not. As Roman Babichev says, it is very difficult to recognize a fraudster. And if you do not catch them on stereotypes, for example, cheap means illegal.
“It's a different market now. And the price is not at all an indicator of the reliability and decency of the owner or broker. Most scammers use the greed of people who are trying to rent an apartment themselves. For example, when checking documents on property, the ordinary man in the street does not know that the evidence of state. registration of the right to the apartment of different years of release have a different color, they are easy to fake, ”he warns.
Apartment owners are sure that having rented an apartment for just a couple of months, and not for a long time, they are exempted from the obligation to pay tax. As explained in the "Inkom Real Estate", this is a very common myth, which mislead the owners of incompetent private realtors. It is necessary to pay taxes in any case, even if the apartment is rented for one day.
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