Many parents are faced with the need to find housing for their older children after finishing school.
Often, higher education institutions are located far from home or in another city altogether. In such situations, the child has to look for a comfortable place to live.
But since at this age they are still minors, a number of questions arise. At what age can you rent an apartment? Can children under 18 rent housing without parental participation?
The legislative framework
In 2021, the housing issue remains one of the most pressing . And in recent years, underage teenagers who want to move out of their parents’ home and start an independent life have become increasingly interested in it.
The Russian housing market is huge, but renting housing for this category of the population is very problematic. Not every owner will agree to rent out living space to minors.
According to current legislation, children aged 14-18 years can enter into transactions, but only with parental consent, which must be in writing (Article 26 of the Civil Code of the Russian Federation).
Parents may not be present at the conclusion of the transaction . They can simply provide the child with a free-form application. It must contain the passport details of the parents and the child. Notarization of consent is not required.
Is it possible to have a bank card at 14 years old?
Author of the question: Vorobyov D. Created: 12/20/21
Apply for a bank card
You can apply
for a child from the
age of
.
From 6 to 14 years old,
children can only use additional cards that their parents issue to their bank account.
open your own bank account and get
personal
card
only after
the age of 14
, when a teenager receives his first passport.
Answered by: Sysoev M. 12/21/21
At what age can you rent an apartment?
Children over 14 years old can rent housing without parents . In this case, it is necessary to provide a passport and parental permission. But not all homeowners will agree to rent it out to teenagers under 18 years of age.
That is why it is recommended that parents search for an apartment and conclude an agreement with the owner. Otherwise, the child may have problems in the future, including forced eviction.
It is difficult for children aged 14-18 to rent housing on their own without parental consent . It is difficult to find a landlord who will agree to rent out an apartment to tenants without a regular income, since at this age children are still studying and not working.
How to rent housing for a child in another city
The easiest way to rent an apartment for a child is the arrival of parents. If you have such an opportunity, the rental procedure consists of the following steps:
- Find an apartment in the desired city in any convenient way (via the Internet, bulletin boards, real estate agencies, friends, etc.).
- You meet with the landlord and inspect the property.
- You enter into a lease agreement, which must indicate that the child will live without parents.
All responsibility for the child’s actions rests with you, so if he causes any damage to the rental property, then compensation will be collected from the guardians. It is recommended that this clause be written down in the lease agreement.
But if you do not have the opportunity to travel to another city, then another option is possible for renting an apartment for a child:
- Find suitable housing on the Internet.
- The apartment owner and the child sign a lease agreement.
- The child informs the parents of all the details of the contract.
- If you agree with the terms of the lease, then draw up a written consent and send it to the heir.
- The child gives your permission to the landlord.
From this moment the contract comes into force, and the minor can move into the apartment legally . He himself is responsible for his actions, but if he cannot compensate for the damage caused, then his parents must do this (Article 1074 of the Civil Code of the Russian Federation).
At what age can you rent an apartment for a day?
In recent years, cases of temporary housing rental by high school students have become increasingly common . Teenagers are looking for apartments for a day to celebrate graduation or some other celebration. But at the same time, the parents are not aware of their intentions, and, therefore, do not give written consent.
In such situations, apartment owners take risks by renting them out to children without the permission of their guardians. For example, high school students may drink alcohol, use other illegal drugs, or make loud noises. As a result, neighbors may even call the police.
In such a situation, the landlord will have to explain why he rented out the apartment to minor children without parental consent.
At what age can you rent a hotel room?
Checking in a hotel for minors can also cause a number of difficulties . Children can travel not only with their parents. They need somewhere to spend the night, which is why they need to rent a hotel room.
According to the law, you can rent a hotel room from the age of 18 . From this age, a person can freely rent rental housing without the consent of guardians. But if he has not yet reached this age, then difficulties may arise.
They depend on the situation in which the need to rent a hotel room arose:
- A trip with a sports team or dance group. In this case, rooms are booked in advance, and the group leader has powers of attorney from the children's parents. But it is recommended that these powers of attorney be certified. In addition, if children have already reached the age of 14, then their passports are required.
- Independent travel for minors. In this case, you will need a passport of young travelers and written consent from their parents. It is recommended to take the consent of both parents, and also have them notarized. For clarification and safety reasons, hotel managers may contact your parents to confirm their consent.
Children under 14 years of age cannot rent a hotel room on their own . It is mandatory to have an adult accompanying you, who can be parents, guardians, a coach and other legal representatives.
Daily housing for children: what problems might the owner have?
Renting apartments, both short and long term, is regulated by law in the same way. So, if there is a need, a child can rent an apartment for rent with the written consent of the parents, as described above.
But let's be honest - usually high school students look for a room for a day without the knowledge of their parents. And some irresponsible owners may rent it to them. Let us repeat: there is no penalty for renting out housing to children, but this does not mean that the greedy owner will not regret his decision.
Schoolchildren do not rent square meters overnight to study lessons there. They throw parties with loud music, alcohol, and sometimes even drugs. At a signal from neighbors, the police may come to such a celebration.
She will have many questions for the owner, first of all: is there permission to engage in business? And depending on how exactly the teenagers had fun, the unfortunate landlord may be accused of maintaining a drug den or facilitating the corruption of minors.
Emancipation
There is a legal way for a minor to rent a home called emancipation. To do this, the child must be recognized as legally competent. This procedure is carried out by the guardianship and trusteeship authorities. Such processes are rare, but still feasible.
In order for a minor over 16 years of age to be recognized as legally competent, he must meet a number of requirements:
- have an official job;
- work under a contract or agreement;
- have a regular income.
Also, instead of being employed, a minor can be an individual entrepreneur and work for himself.
If these conditions are met, he can be recognized as legally competent. To do this, he and his parents must contact the local social welfare authorities.
You will need the following package of documents:
- child's passport;
- parents' passports;
- statement on behalf of a teenager;
- written consent from parents;
- a child’s employment contract or a document confirming registration of an individual entrepreneur.
If the decision is positive, the teenager is recognized as legally competent and receives the rights and responsibilities of an adult (Article 27 of the Civil Code of the Russian Federation).
From now on, he can independently rent housing for a long period of time without parental consent. In addition, he himself is responsible for his actions.
Can an owner rent out an apartment for short-term rent to minors?
Renting an apartment to minors for a long period is legally no different from renting for a short time. To rent out an apartment for short-term rent to minors, you must also obtain permission from your parents (official representatives). In this case, the transaction will be considered legal, and landlords will protect themselves from waste by placing on the guarantors all the costs of restoring damaged property (if any is discovered when the property is handed over to the owner).
Responsibility for renting housing to minors
When deciding at what age you can rent a home on your own, you should also think about the possible consequences. The law does not prohibit the rental of living space by teenagers. There are no articles in the current legislation prohibiting the renting of this category of the population .
And even in the absence of written parental consent, the landlord will not bear any criminal or administrative punishment for this.
When renting out housing to children, the owner must understand that all responsibility for damaged property falls solely on him.
In case of damage to furniture or the real estate itself, the child will not be responsible for this . And the lease agreement will be declared invalid, since there is no consent of parents or guardians.
How to conclude a rental agreement with a teenager?
The second important issue is the conclusion of the contract. Without it, renting out an apartment to minors is not only illegal, but also dangerous for your own property. So, in order to rent out housing to a minor, you must obtain official permission from the parent for the child to live separately.
The contract itself is essentially concluded with the parent. The name of the actual resident(s) is entered in it. Also important! If you plan to rent to a group of minors (for example: friends, students, siblings), you must obtain this permit for each child.
Living in someone else's house for 15 years will allow you to turn it into private property
Living in someone else's house for 15 years will allow you to turn it into private property. This is exactly the decision the Supreme Court of Russia came to.
Today, real estate rights can be registered even for someone else’s property. This becomes possible thanks to the so-called acquisitive prescription, in other words, as a result of many years of use. According to Russian law, anyone can become the owner of real estate if they have owned it for 15 years, and of any other thing if they have had it in their use for 5 years. Thus, Article 234 of the Civil Code provides that a citizen or legal entity who is not considered the direct owner of property, but has openly and continuously owned it for a certain time, acquires ownership of it.
The tenure will continue even if the current owner turns out to be the legal successor of the previous one. Evidence of ownership may include utility bills, receipts and certificates, as well as the words of neighbors who permanently live nearby. The Civil Code of the Russian Federation assumes that a person can become a full owner only if he owns the property in good faith.
Despite the fact that the possibility of such registration is not very widespread, and few people know about it, similar cases occur in judicial practice. Not long ago, two people approached one of the district courts of the Saratov region with a similar request, writes “Buy and Sell” with reference to “RG”. Citizens asked to recognize their ownership of the house, which once belonged to the former collective farm. The plaintiffs supported their request with evidence that this property was provided to them for use more than 20 years ago. Having registered in this house, citizens lived there continuously, maintained the building in good condition and regularly paid utilities. At the same time, the owner of the property has never made himself known in all these years.
The district court agreed with the plaintiffs' arguments, approving their desire to formalize the rights to the house. However, the defendants, represented by the new management of the collective farm, did not put up with this and went to the regional court. He, in turn, referred to the fact that the citizens knew about the owner, but settled there anyway. Since the house belonged to them under a contract of gratuitous use, they could not dispose of the property. In this regard, the residents of the disputed house were refused. However, they did not want to give up the house, so they appealed to the Supreme Court. There they reviewed the case, listened to the arguments of all parties, after which the plaintiffs’ claims were satisfied. As it turned out, they could register ownership by acquisitive prescription if the property is listed as ownerless or had only previously had an owner.
During the inspection, it was possible to find out that the house was built by the collective farm back in 1979. The family moved there only in 1992. During this time, the collective farm managed to turn into a partnership, and later into an agricultural cooperative. While he was changing the status, no one was solving the housing stock issue, so the real estate was not transferred to the balance sheet of the enterprise. At the same time, the plot on which the disputed house stands is owned by the plaintiffs. And this can be considered strong evidence that citizens have full right to dispose of real estate.
Until what age should children live with their parents?
This is the question teenagers ask when they begin adolescence. They strive to gain independence, arrange their own lives and destinies, study at any educational institution they like, or move to another city. This seems to them the most important and necessary at this age. And of course, as soon as a person turns 18, he can make his own decisions and manage his life, live where he sees fit.
The rest of the teenagers will have to be disappointed, since they need to live with their parents until they are 16 years old, which means until the 9th grade, all decisions will be made jointly with their parents, and some must be made by parents and guardians. As soon as a child becomes an adult, he can go to any city and country, study or not study in any educational institution and live separately from his parents.
