So, you have decided to rent out your apartment. You want to avoid disagreements with neighbors, problems with utility services and build relationships with your employer as transparently as possible.
Let’s say right away that this article is dedicated specifically to renting out an apartment . If you are interested in renting out a room or a separate house, we suggest you read the relevant articles.
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What types of apartments are there?
When considering the issue of renting an apartment, we consider it necessary to divide the apartments into
- privatized and
- non-privatized (municipal).
Features of renting a privatized apartment
Here we will talk about renting out an apartment that is your property.
The right of a citizen to dispose of his property is enshrined in legislation (clause 2 of article 35 of the Constitution of the Russian Federation, clause 2 of article 209 of the Civil Code of the Russian Federation). Therefore, only you can decide to whom, on what terms and for what fee to rent out your own apartment.
This also applies to all other owners. Therefore, we draw your attention to the fact that if you are not the sole owner of the apartment, then the consent of the other owners of the apartment will be required to conclude the agreement. In this case, we can offer you the following options:
- Execute a power of attorney for one of the owners stating that the others trust him to conclude a rental agreement, in which case one of the owners will act as the lessor under the agreement;
- In the contract, indicate all owners as lessors.
No other approval is required except with the remaining owners.
Features of renting a municipal apartment
A non-privatized (municipal) apartment is not your property. But in accordance with paragraphs. 2 clause 1 art. sublet your residential premises . However, in accordance with clause 1 of Article 685 of the Civil Code of the Russian Federation, residential premises can be rented out under a sublease agreement only with the consent of the landlord , so you will still have to go through an additional stage of approval.
The lessor of a non-privatized apartment may be different: a prefecture, a municipality or another body. You can find the answer to the question of who your employer is in the rental agreement , on the basis of which you yourself live in the apartment.
The landlord should submit a written request for permission to enter into sublease agreements. This application must also contain the consent of all members of your family living with you.
If a positive response is received (and such a response must also be provided in writing), a sublease agreement can be concluded.
Get it and live! What is social hiring
In essence, social rent is the same as rent. Only in this case, you are renting an apartment not from some individual, but from the state. There are several advantages to this type of renting. Firstly, this is an extremely wonderful price . For example, for renting a one-room apartment in a distant part of Moscow, the owners ask 30,000 rubles per month. For similar housing in the capital (only of worse quality), you will pay only about 2,000 rubles to the state.
According to social security, no one will unexpectedly kick you out of the apartment; the lease agreement is usually concluded for an indefinite period, it does not need to be renewed. And no one will raise the price out of the blue. The rental payment for social housing is fixed (most often directly approved by local governments), and sometimes it is completely absent. All that is required of you is to pay your utilities on time and, if necessary, make repairs at your own expense . If desired, social housing can be privatized or purchased from the state.
This is an excellent option for those who physically cannot save money to buy their own home and cannot even afford a mortgage.
DOM.RF calculated that 40% of Russians, due to low incomes, will not buy a home with a mortgage at any rate, even zero interest rates.
Notification to the curious
Relationships with neighbors
From a legal point of view, what you do with the provided or, especially, your own apartment does not concern your neighbors. Of course, if your tenants do not cause inconvenience to their neighbors by violating their legal rights. including everything related to liability for violation of public order .
If the tenants are decent, don’t litter and don’t disturb anyone’s peace, then you don’t have to give any explanations about who currently lives in your apartment, what they do, etc. Of course, it all depends on your relationship with your neighbors. You can also ask them to first “keep an eye” on the apartment: are there any noisy parties being held there, etc.
In no case do we advocate spying on residents, recording their every move; that would be unethical. If you don’t trust the employer that much, it’s better to refuse the deal altogether and look for a person who is more reliable, from your point of view.
HOAs and cooperatives
Who else might be interested in your rental business? Currently, both apartment owners and municipal housing tenants interact quite closely with homeowners' associations and cooperatives.
Usually, the relationship between an adequate resident and the responsible representative of the HOA/cooperative develops normally. But as with neighbors, you are not required to provide any information about your employers .
The only exception: if the cost of any utilities is calculated based on the number of people living in the apartment, you must indicate the number of your tenants. But you have no obligation to provide their information.
In addition, let’s not forget about the Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ “On Personal Data,” from which we can conclude that you do not have the right to provide anyone with information about your employers.
If you maintain a trusting relationship with your HOA/cooperative, we can advise you to notify them that you are renting an apartment, leave a contact phone number and ask them to contact you immediately in case of any conflict situations.
What are rental houses
Unfortunately, social rental housing in Russia is very poorly developed, unlike in Europe or America, where this type of accommodation is the most common thing. Of course, they want and even dream of correcting the situation. Of course, in Russia (according to DOM.RF), approximately 6 million families live in rented apartments no matter who. Much to the regret of the authorities, apartment owners are in no hurry to share profits from renting out their properties with the state. They do not want to go out into the light under the radiant gaze of tax inspectors, sitting in the shadows.
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The situation prompted officials to announce the launch of a social rental housing program in 2021. The idea is to rent out apartments in special state rental buildings . Budget money for it goes through the state corporation DOM.RF. Voronezh was chosen as the pilot of the program. In 2021, DOM.RF purchased 165 apartments and 40 underground parking spaces in the local Sovremennik residential complex. These apartments are rented with modern finishes, furniture and household appliances. The rental price of housing is 80% lower than the market price. The second rental house will appear in Murmansk; construction has just begun in 2021. The idea is great, but the scale is tiny, considering the number of Russians who are queuing for housing.
According to the Ministry of Construction, in 2021, 4 million families are on the waiting list for improved housing conditions.
We rent out an apartment “without giblets”
It is unlikely that you will rent out an apartment that has absolutely no furniture, plumbing, lighting or other property. As a rule, any apartment has at least a minimum set of items necessary for everyday life.
How to secure property left “to be torn to pieces” by the employer? In an article about the risks of illegal rentals, we have already touched on this issue. But if you are reading this article, we hope that you have finally decided to formalize the rental of an apartment properly and conclude an agreement. Therefore, let’s say a few more words about the property in the rental apartment.
As an annex to the lease agreement, you can add an act of acceptance and transfer of all property located in it. In this document, all property should be listed, if possible so that it can be easily identified: which TV, cabinet, etc. If the property already has some damage, then this fact is also reflected in the act - but this, most likely, will already be a requirement of your employer.
apartment rental agreements for all occasions with comments from the Portal’s lawyers and templates for filling out. Sample apartment rental agreements (free)
Is it possible to rent out a room in a communal apartment?
The answer to this survey lies in the legal status of the premises. Article 673 of the Civil Code of the Russian Federation allows only isolated residential areas to be leased. If the object is assigned an independent cadastral number, and the entry is included in the state register, the agreement can be concluded without the consent of the neighbors.
Restrictions on the rights of owners are established by Art. 42 Housing Code of the Russian Federation. The owner of the room cannot be allocated a share in the common apartment property in kind or alienate it to third parties. The norm does not contain a direct prohibition of concluding a rental agreement (Appeal ruling of the St. Petersburg City Court on dispute No. 33-14846/2013).
The situation changes when it comes to shared ownership. In this case, the agreement is concluded with the written permission of the other owners. By virtue of Art. 246 – 247 of the Civil Code of the Russian Federation, the disposal and use of the premises is carried out by mutual decision (Determination of the Moscow City Court in case No. 2-3069/2019, 33-32331/2020). If a compromise cannot be found, the issue can be submitted to the judges of Themis.
Utilities in a rented apartment
We have already drawn your attention to the fact that if the cost of any utility services depends on the number of people living in the apartment, then it is necessary to notify the organization that calculates these utility bills. This could be either a homeowners association/cooperative, or the company itself providing the services.
As for public services in general, in accordance with Art. 678 of the Civil Code of the Russian Federation, the employer (that is, your tenant) is obliged to pay for them . In the contract, this obligation can be assigned to you as well - it all depends on the agreements reached. However, we draw your attention to the fact that even if the obligation to pay for utilities is assigned to the tenant, claims due to non-payment will be brought against you, because Under the agreement with the company providing the services, you continue to bear obligations .
What the owner should be aware of: pitfalls
Before concluding a rental agreement, the owner of a room in a communal apartment must take into account a number of aspects.
- Protection from arbitrariness . Breaking off a relationship will not be easy. For the owner of the premises Art. 687 of the Civil Code of the Russian Federation provides only for judicial procedure. If the tenant does not agree with the early termination of the agreement, he can be evicted if he fails to pay rent or damages the property. In this case, the court has the right to give the defendant time to eliminate the violations. It is also possible to terminate the contract unilaterally through the court if the premises are unsuitable for habitation, misuse, or for other reasons provided for by the Housing Code of the Russian Federation.
- Preemptive right . If, at the end of the agreement, the owner decides to rent the room again, he will be obliged to give priority to the previous tenant.
- Taxation . The remuneration under the contract is recognized as income. Individuals are required to independently declare proceeds from transactions and pay personal income tax to the budget. If necessary, the owner can register a business or self-employment. Organizations will have to include the proceeds in profits.
In conclusion, we note the high level of conflict in relations between residents of communal apartments. First, the owner of the premises should coordinate his actions with interested parties, document the schedule for using the common areas, and install meters. Before transferring an isolated premises to third parties, it makes sense to offer a deal to neighbors. In the event of a dispute, such an initiative will serve as additional evidence of good faith.
Controlling the situation
As we said, informally you can ask neighbors or an HOA/co-op representative to keep an eye on the new tenants and let you know if there are problems. But it’s always safer to take care of your property yourself. Note that the tenant officially residing in the apartment acquires the right to the inviolability of the home. This right is guaranteed to all of us by the Constitution and the Housing Code. Therefore, if you simply come without asking, especially in the absence of the employer, this most likely “will not make him happy.”
What to do, how to visit your apartment without violating anyone’s interests?
You can agree in advance with the employer on the time and frequency of such checks, and record this in the contract. For example, monthly while receiving rent.
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Results and conclusions
If you are planning to rent out an apartment, then you should pay attention to the following points:
- Is your apartment privatized or not?
- What is your relationship with your neighbors?
- Who manages the common property of the house - HOA/cooperative?
- How are utility bills calculated?
- What property is in the apartment?
The answers to these questions will need to form the basis of some clauses in your contract. But when drawing up a contract, you should not limit yourself only to these provisions. The contract should indicate all the conditions that you agreed with the employer. And the more detailed the rights and obligations of both parties are described, the more transparent the relationship will be.
Still have questions? – consult with a Portal lawyer
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Maintenance and repair of municipal housing: tariffs, payment obligations, debts
Not only the owners of the premises, but also the tenants of the living space under a social tenancy agreement with the municipality are required to pay fees for the maintenance of common premises in an apartment building. The procedure for determining the amount of debt for payments for a municipal apartment depends on the method of managing the house and the specifics of the agreement with the municipality.
Tariffs for the maintenance of municipal housing
Municipal housing refers to apartments and rooms owned by city authorities and rented out to residents under social rental agreements. Such apartments are inhabited by persons who have not completed privatization, as well as preferential categories of the population who have received a residence permit through participation in local social programs.
