How to rent an apartment or room: drawing up a contract and other features.

So, you have decided to rent a room in an apartment. This is a serious step because living with strangers is not an easy task. Perhaps in a couple of months they will become your good friends, and perhaps you will run away from the apartment in a few weeks. The situation is unpleasant, and to prevent this from happening, we suggest using the advice of GiperNN. About where to start, what to pay attention to and how not to be deceived.

Where to look for a room?

What do you need to know about the apartment?

What should be included in the lease agreement?

How to behave with neighbors?

○ The concept of rental housing.

Lease is a type of property agreement under which property is transferred from one participant to another for temporary use and subject to rent.

The lease agreement is regulated by Chapter 34 of the Civil Code of the Russian Federation.

“Under a lease agreement (property lease), the lessor (lessor) undertakes to provide the lessee (tenant) with property for a fee for temporary possession and use or for temporary use (Article 606 of the Civil Code of the Russian Federation).”

The difference between leasing and hiring is that in the first case one of the parties to the transaction is a legal entity.

"1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens (Article 671 of the Civil Code of the Russian Federation).”

✔ Commercial hiring.

Commercial rental is one of the options for providing housing for temporary use. The commercial component of the transaction determines not the entrepreneurial activity, but the consideration of the agreement.

The parties to the agreement are:

The lessor is the legal owner of the property or his authorized representative.
Tenant is an individual living in the living space under a contract.

The legislation does not provide separate rules for concluding this type of employment, therefore the parties should be guided by Chapter 35 of the Civil Code of the Russian Federation.

The contract should reflect:

Subject – a detailed description of the transaction object indicating all characteristics.
Rental period – during which the property will be rented.
The amount and schedule of payment - what amount and in what period is to be transferred to the lessor.
List of residents who will use the living space during the commercial rental period (for minors, this item is optional).
A list of property that is transferred for temporary use with a detailed description of quantities and characteristics.
Other conditions as agreed by the parties.

✔ Social hiring.

This is a type of agreement under which a citizen can receive living space from the state or municipal housing stock for use.

“Under a social rental agreement for residential premises, one party - the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf) or a person authorized by him (the lessor) undertakes to transfer to the other party - the citizen (tenant) residential premises for possession and use for living in it on the terms established by this Code (Clause 1 of Article 60 of the Housing Code of the Russian Federation).”

The parties to the agreement are:

Landlord is a state body acting on behalf of the state housing fund or a local government body authorized by it.
The tenant is the recipient of the living space for use.

Features of social hiring:

The agreement has no validity period (clause 2 of article 60 of the RF Housing Code).
Only an individual who is a citizen of the Russian Federation can act as an employer.

Changing the terms of the contract after it has entered into force is not grounds for its termination (Clause 3, Article 60 of the Housing Code of the Russian Federation).

general information

Is it possible to rent a separate corner in an apartment? Easily. Quite often it happens like this: the owner , the guest . Or only one room is rented out, all the rest are locked. You can rent a separate room by contacting:

real estate agency;
acquaintances;
directly to the owners.

Is it possible to rent a share in an apartment ? Can.

The owner of a home or part of it has the right to dispose of his meters as he wants, but according to the Civil Code (Articles 246 and 247), he is obliged to obtain the written consent of all inhabitants of the home.

Or, if this failed, by a court decision. Therefore, if they offer such a thing as renting a share in an apartment, be sure to ask for documents that give the owner the right to dispose of his part.

If they are not there (or, according to the widespread tradition, you decide to do “without paperwork”, purely on agreements), then the rest of the household will simply call the police and - no money, no roof over their heads.

standard room rental agreement between individuals for free.

Find out how to draw up and conclude a residential lease agreement, as well as whether registration is required, on our website.

○ Search for an apartment.

To find a suitable living space you can:

Contact a real estate agency.
Start your own search.

When choosing the first option, you need to pay attention to details such as:

The period of activity of the agency.
Statistics of successful transactions.

You should pay attention to all points of the prepared contract and, if necessary, make changes to it. Despite the additional costs associated with hiring real estate services, turning to reliable specialists reduces the risk of becoming a victim of fraud.

When searching on your own, you will save on intermediary services, but finding a suitable option will be more difficult. You can search for housing through:

Internet - on special sites (boards such as Avito, social networks, etc.).
Periodicals - in the appropriate sections.
Posting advertisements yourself and waiting for calls from potential landlords.

When searching for housing on your own and concluding a contract, the responsibility for checking all data lies with the tenant. So, it is important to check all the details of the landlord, establish whether he is the owner of the property, and obtain all certified copies of title documents.

Virtual one-room apartment

A showroom for rental apartments was opened in a shopping and business complex near the Krasnopresnenskaya metro station. Guests there are told about the materials with which the housing is decorated and from which the furniture is made, they are shown films about residential complexes, but most importantly, they are offered to put on VR glasses and see apartments with different layouts and renovations.

That is, you use the remote control to select the house you are interested in, an apartment with the required number of rooms and begin a virtual walk through it - you can even go to the window and appreciate the view. This was done so that a person could see in all details the apartments that have not yet been built in one place.

This, by the way, is most surprising - usually people at the construction stage prefer to buy apartments as their own, and choose ready-made housing for rent. Dvurechenskaya, however, says that this is not entirely true - there are many tenants who are willing to wait. “Often parents are looking for rented housing for their student children, young families are looking for more suitable apartments than those they rent now,” she explains.

○ Inspection of the apartment and verification of the owner and apartment.

Rental scams are common, so it is important to do your due diligence before entering into a contract.

Inspect the apartment carefully. It often happens that the lease agreement turns out to be a sublease agreement and you receive housing that was previously rented out on a daily basis. Accordingly, the condition of the living space will not be the best. Therefore, you need to check the entire apartment very carefully, paying special attention to:
Condition of water pipes.
Gas stove.
State of the art.
Check the documents for the apartment. You must be provided with:
- An extract from Rosreestr confirming the absence of encumbrances.
Receipts for payment of utility bills for the last month.
It is very important to check the landlord's right to enter into a transaction. He is required to submit:
- Passport.

If you decide to enter into a contract yourself, do not hesitate to carefully check all the points. Once the agreement is concluded, it will be more difficult to make claims, so it is worth providing as many details as possible.

○ Drawing up a rental agreement and other documents.

Correctly drafting a rental agreement is crucial in respecting the rights of each participant in the transaction. The agreement must include:

Description of the parties to the agreement: full name, passport details, place of permanent registration, contact numbers and status of the participant (lessor/tenant).
The subject of the transaction is an essential condition of the contract, without which it will not be considered valid. The subject of employment should be described in as much detail as possible, indicating:
Exact location address.
Details of the title document.
A legal action, in this case it is hiring.
The validity period of the agreement, without specifying this clause, the agreement will be considered concluded for a maximum period of 5 years.
Amount and method of payment.
Rights and obligations of the parties, detailed description.
Responsibility of the parties, indicate penalties for non-fulfillment or improper fulfillment of their obligations. In this case, it should be taken into account that the types of punishment provided for by law will apply in any case, regardless of what is indicated in the agreement.

You can also include other clauses in the document at the discretion of the parties:

Improving the condition of the living space (at whose expense it is carried out and how it affects the rental amount).
The presence of any restrictions or prohibitions (living with animals, inviting temporary residents, etc.)

Any addition to the agreement must be agreed upon by the parties.

It is also important to draw up attachments to the agreement such as:

An act of acceptance and transfer of property, which records its actual condition.
Inventory of property - a detailed list of things transferred for temporary use, indicating their quantity.

Each page of the application is signed in the same way as the contract itself. If the contract is concluded for more than 1 year, it is subject to state registration. If the period is shorter, you can further protect yourself by having it certified by a notary.

Submitting an ad

How to write a rental advertisement correctly? When writing such an announcement, it is better not to accompany it with the words “agencies not to be disturbed.” Believe me, by paying a little more than necessary, you will only win .

What should I indicate? So:

what do you want to remove? If it’s a room, write so and for how long (for example: “For the summer” or “For a long term”);
maximum cost limit per month (for example, no more than twenty thousand rubles);
where it would be desirable for your temporary home to be located (for example, “Near the Zvezdnaya metro station”;
whether you work or study;
briefly about yourself, so that the realtor or owner knows what to expect from the property (“Not noisy, non-smoking, responsible);
indicate whether there are any encumbrances (child or animals);
make it clear that there will be no problems with noise, or with payment, or with the integrity of the apartment. One or two sentences, no more.

How to write an advertisement: “Rent a room”?

Sample advertisement for renting a room.

○ Is it worth renting without a contract?

The conclusion of an agreement guarantees compliance with the rights of each participant in the transaction. The only advantage of renting without a contract is saving time on drawing it up and officially registering it.

However, this type of hiring has many disadvantages:

The landlord can talk to the tenant from a position of strength, introducing both minor restrictions and serious prohibitions.
An unplanned increase in payment for accommodation or rescheduling of accommodation may occur.
There is a risk of sudden eviction, etc.

Thus, the rights of the tenant are regulated solely by the conscience of the owner of the living space.

Renting without a contract also has disadvantages for the owner:

Lack of tenant responsibility for property.
Unscheduled payment delays, etc.

Therefore, if the parties want to avoid various conflict situations, it is worth concluding a lease agreement in writing.

○ Responsibilities of the tenant and lessor.

When concluding an agreement, the parties have the following rights:

The landlord must systematically check the condition of the rental property.
The tenant has the right to use all the things in the apartment and invite temporary residents.

The parties to the transaction also have the following obligations:

The landlord has the provision of living space for use; if defects are subsequently discovered in the apartment that were not specified at the conclusion of the transaction, he may be required to make repairs.
The tenant must treat things received for temporary use with care and pay rent on time.

○ Termination of the contract.

The agreement may terminate if:

Agreement of the parties.
Unilateral refusal to fulfill one's obligations.

In accordance with Art. 452 of the Civil Code of the Russian Federation, termination of an agreement is carried out in the same manner as its conclusion.

A tenant can be forcibly evicted if he systematically misses payments. For short-term rentals (up to 1 year), it is enough to skip 2 payments; if the contract is concluded for 1 year or more, failure to pay within 6 months will be grounds for eviction.

In this case, it is necessary to go to court with an appropriate claim. It is important to consider that unauthorized eviction of a tenant can be classified as arbitrariness and punishable by law.

○ What are the features of renting premises?

It is important to take into account the features of the contract that may affect the legal relations of the parties.

✔ The tenant wants to increase the payment.

In this case, a lot depends on what is written in the contract. If the document allows such an action, the tenant will have to agree to an increase in payment. But if this clause is not specified in the contract, the landlord has the opportunity to increase the payment once a year. This right is regulated by law and should be taken into account by the tenant.

✔ Room rent.

The specifics of such a rental depend on where the room is rented.

Dormitory. In this case, it is necessary to have an employment relationship with the owners of the building, so renting a room in a hostel means accepting the risk of being evicted at any time.
Communal apartment. If the room is privatized, the other residents must agree to rent. Otherwise, the contract will be considered invalid.
Apartment. Here the tenant's rights will be respected to a greater extent. There is the possibility of temporary residence with the tenant free of charge, subject to the size of the area. You can also rent a room in an apartment in the form of sublease, when the main tenant rents out part of the living space with the consent of the landlord.

✔ Repairs against payment.

This clause must be separately stated in the contract. If housing conditions are being improved, it is necessary to indicate how this will affect the rent (whether it will be reduced or released from financial obligations within a certain period).

It is important to take into account that apartment renovation is the right of the tenant, and not his responsibility.

There are no seats

Let us remind you that the history of modern rental houses began in 2017, when Muscovites were offered to rent apartments in a new building on Khodynskoye Pole. To the surprise of the company initiating the project, the 283 apartments located there were dismantled during the construction stage - people were willing to wait even several months just to rent a specific apartment.

“About 80% of the residents of this building have been living there since 2021 and have no intention of moving anywhere,” says Anna Dvurechenskaya, head of the company’s commercial service. — There are many cases when people in our building start families and rent a more spacious apartment there. Moreover, approximately 20% of tenants are Muscovites with their own housing. They choose to rent most often because of the convenient location - for example, it’s closer to them to get to work.”

There are currently no empty apartments in the building on Khodynskoye Pole, but next year it is planned to introduce four more rental buildings as part of the residential complexes “Symbol”, “Park of Legends”, “Match Point” and “Oktyabrskoe Pole” in different areas of Moscow. The first two buildings will be commissioned in May, and apartment reservations are already open in three - potential tenants are offered to walk through them in virtual reality mode.