How to rent an apartment through an agency without being deceived?

Many residents of a modern city are faced with the need to rent an apartment. The reasons can be very different. Using the services of specialized agencies will help save time and money. If you organize the procedure itself correctly.

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What is a real estate agency

A real estate agency is a commercial organization. It employs people who are ready to accompany any transactions related to real estate. To a greater extent, this work is related to the sale and purchase of objects.

But if necessary, specialists provide support for those who are only interested in renting. The advantages of agencies are that they collect huge databases on any objects related to the market.

Which gives buyers much more options than if they tried to solve the problem themselves. In addition, such agencies are always ready to check an apartment or house for the presence or absence of legal problems. They will help, even if a rather complex rental or acquisition scheme is used.

What is a subsidy? Definition of the concept and rules for receiving by reference.

What services are provided by realtors

The range of available options is wide.

1. Preparation of rental agreements.
2. Compiling and checking all documentation related to the apartment.
3. Transfer of advance payment for rent.
4. Acting as a negotiator during transactions.
5. Conducting an analysis of documents that relate to a particular property.
6. Selection of suitable living space according to the client’s wishes.

But in each specific case, a real estate agent provides only those services that are officially described in the contract. The main thing is to carefully study the contract before you sign.

Documentation

Since the real estate agency in this situation is an intermediary, in order for the sale of housing to be most effective, it is necessary to collect almost the same set of papers as for an independent sale:

• passport of the owner of the property,
• spousal consent for the sale of living space (if it was purchased at the time of marriage),
• permission from the trustee authorities, if housing is being sold in which there is a share of the owner who has not reached the age of majority,
• certificate of the owner of the apartment being sold,
• technical papers – cadastral and technical passports.

If necessary, the realtor may ask for other documents relating to the real estate or the identity of the seller.

About the commission for completing a transaction

Typically, agents charge special fees for their participation in concluding a contract. The amount of remuneration is from 30 to 100 percent of the amount of monthly payments. It all depends on what qualifications the agent has. You should pay attention to the reputation that a particular company has.

What are the additional fees for?

• Participation in the preparation and final signing of contracts.
• A thorough check of all documentation for the apartment for which the lease is being issued.
• Representing the client's interests throughout all transactions.
• Search for suitable objects, organize viewings in accordance with specified requirements.
• Analysis of the situation and requirements provided by the tenant.

How to get an apartment from the state? Read about the methods in this article.

Realtors need to ensure that the rights and obligations of each party are recorded in writing. A specialist should conduct a consultation on every point that may raise questions.

Agreement for the provision of real estate services.

Taxation of income

Landlords who want to officially rent out an apartment need to know that passive income in the form of rent is absolutely legal. This kind of business is widespread almost everywhere. And just like any other form of income, rental payments are subject to tax.

Options to independently and legally rent out housing, i.e. in compliance with all legal requirements, there are only three:

In the role of an individual (PE). The option involves you including your rental income, received in addition to your main place of work, in your annual declaration. The tax office is additionally provided with a copy of the apartment rental agreement that you signed with your tenant. The tax rate for individuals will be 13%.

Pros: comparative simplicity of the package of documents.

Cons: the tax rate is higher than for an entrepreneur. Having become an individual entrepreneur.

An entrepreneur without the formation of a legal entity (PBOYUL) has a corresponding certificate received during state registration. He is pre-registered with the tax authorities, after which he receives the right to pay a tax of 6% (if he is on a simplified taxation system).

Pros: the tax rate is lower than for an individual.

Disadvantages: the need to keep accounts, open a bank account, pay monthly contributions to the Pension Fund, etc. Which method will be more profitable for you depends on the circumstances. For example, if you have to pay for the services of a third-party consultant (for the correct preparation of reports), the gain in the amount of tax may be completely covered by these costs.

Purchasing a patent. Repeats almost all the features of the simplified taxation system. This path is of interest to owners of expensive luxury housing with high rents (otherwise the purchase of a patent simply will not pay off). There is another interesting solution: use the services of intermediary firms, transferring your real estate to trust management.

By signing the appropriate agreement (this can be done by both a private individual and a private legal entity), you shift responsibility for the correct calculation and timely payment of tax and other payments to the intermediary. The term of such an agreement varies from several months to 3-5 years.

The cost of the trust is usually built into the rent. That is, you will receive your income minus the agency commission.

How to rent an apartment without getting scammed

When a transaction is supported by realtors, there is no doubt about the safety of the procedure.

1. Only formal contracts must be drawn up. They will become a legal basis in case of controversial situations. It is also important that the documents clearly state the periods during which the housing is rented out.
2. Agents receive all information related to the property being leased. There is no need to think about possible arrests. And there are other restrictions.

How to sell an apartment quickly and profitably? Detailed information at the link.

How to avoid deception and fraud when working with agencies

There are a number of features to consider in order to choose the right, truly safe real estate agency. Even a seemingly reputable company can deceive.

• Payment is made only for services that are actually provided. You should be wary of advance payment requirements.
• The agent's details must be present on each copy of the agreement concluded. He puts his personal signature, writes about the position and the remuneration due.
• We pay special attention to the clauses of the contract related to the imposition of penalties. Including the company itself. This already suggests that she is ready to take full responsibility for her activities.
• It is necessary to carefully review all the terms in the contract before it is signed. The document must contain all the responsibilities that the realtor undertakes. After all, it is for their implementation that the client is charged.
• First you need to ask whether the agency’s office is registered as property, or whether the employees themselves rent it.
• The longer an agency works on the market, the better.

A sample agency agreement for the purchase and sale of an apartment is available.

Sample contract with a real estate agency.

How to examine suitable options

There are several factors that tenants must take into account.

1. The side that the windows in the house face.
2. Floor.
3. Neighbors living nearby.
4. The condition in which the yard and entrance are located.
5. Having a safe environment.
6. Developed infrastructure.
7. Distance from home to places through which public transport passes.

In addition, the living space itself requires careful inspection. It begins after reaching an agreement on the factors outlined above.

• Did you manage to immediately find a common language with the owner of the apartment? Polite and tactful people are a pleasure to deal with.
• An important point concerns the availability of working locks. Is there security at the entrance? Is the intercom working?
• The functionality of the telephone network is checked separately. Equally important is the quantity and quality of window units along with functionality. Not only the windows themselves, but also the frames.
• Do not leave electrical wiring uninspected. Gas stove and gas pipes - each element requires careful inspection. It is better to know in advance how to turn off the gas if an accident occurs.
• Don’t be shy about asking your neighbors about previous flooding. Such shortcomings should be discussed immediately, before moving in.
• The bathroom and plumbing are no less important components.

What to do if your upstairs neighbors flood? You can read the procedure in this material.

Realtor tricks when renting an apartment

In my practice, I have encountered the following tricks of intermediaries, namely:

1. Increasing the existing base of rental real estate without the knowledge of the owner. The realtor introduces himself as a potential tenant and negotiates a viewing with the owner of the apartment, after which he takes the necessary photographs and displays them on advertisement sites on his own behalf.
2. Invites several potential clients to view the apartment and arranges an auction between them. The higher the price offered, the more commission he will receive.
3. Price jacking. The agent deliberately interrupts communication with a potential client while viewing an apartment to talk on the phone with other clients. In fact, he is simply putting on a show about the great demand for the proposed option.
4. Advertising a non-existent apartment. The tenant calls with a request to show the option he likes, during the communication process he will be informed that the property has already been rented out, but the advertisements were simply not removed, but, fortunately, there are many other options.

The above are examples of legal tricks that not only took up a lot of my time, but also almost pushed me into renting an unprofitable option.

How the contract is concluded

Only a written contract guarantees that both parties are legally protected. What points should be considered in any situation?

1. The date on which the agreement was signed.
2. Accurate indication of details for both parties.
3. The period for which the apartment is rented.
4. Responsibility of each party in case of termination, including early termination.
5. Rights that both the tenant and the other party have.
6. Rent payment along with payment terms.
7. The address where the apartment is for rent.

About the advantages and disadvantages of these types of transactions

There are always nuances when working with agents. Not only positive, but also negative. Everyone decides for themselves what is more.

Contacting realtors has the following advantages.

• Operational work, practical experience.
• Guarantee that the transaction will be safe. The rental price is fixed, contracts are concluded only for a certain period.
• There is less chance that the homeowner will be a scammer.
• There is a greater chance of finding exactly what suits you in all respects.
• Save time due to the availability of a wide information base.

But there are also small disadvantages.

1. The deposit and rental price are almost always paid a month in advance.
2. The need to pay additional commissions.

Do neighbors need consent for redevelopment? Sample document and instructions for drawing up at the link.

The help of realtors is an excellent option for those who have no experience in solving these issues. Or there is no time required to competently search for an answer.

About existing risks

There are always risks for buyers. Real estate agencies are no exception. Companies that only rent offices and do not register them as their property should be wary. Although such deception is quite rare in practice.

Delivery methods

There are two ways to organize a business: independently or through a real estate agency.

On one's own

If you have a sufficient amount of time and knowledge or do not trust the agents, then you can deal with the rental personally.

To submit yourself you need:

1. Prepare housing for rent. Decide whether it will be a long-term rental or daily rental. The degree to which the apartment is equipped with household appliances, furniture, textiles (bedding, towels, bathrobes, etc.) depends on this. The main requirements are the presence of cosmetic repairs, working electrical, plumbing, heating systems, as well as ideal order in the room.
2. Collect information on prices of housing with similar characteristics. These could be Internet sites for real estate rentals, social networks, newspapers, various bulletin boards and others.
3. Assess the condition of the object (location, transport interchange, educational institutions, etc.), identify all the pros and cons. Set a price, preferably the average price for the supply market. Nobody wants to cut prices, and it’s more difficult to resist the temptation to get more money, so you need to try to choose a middle ground.
4. Take high-quality photographs as close as possible to the real condition of the property - this will save you from unnecessary calls and views.
5. Write the text of the ad indicating the size of the living space, number of floors, number of rooms, name of the location. Give a detailed description of the positive aspects of the apartment, whether there is a store or kindergarten nearby, indicate the amount of rent, deposit and the owner’s phone number.
6. Place an ad on popular sites: “Avito”, “Domofond”, “Cyan”, “World of Apartments”. On message boards of local websites and media, tell friends and acquaintances about renting out housing.
7. Take calls, be ready to answer questions, arrange viewings, arrange showings.
8. Prepare a sample lease agreement, competently drawn up by a lawyer, which will spell out all the obligations of the parties, force majeure circumstances and liability for failure to comply with the terms of the agreement.
9. Try to choose the most decent and trustworthy among the countless potential applicants. There is no need to be shy about asking questions about the solvency and type of activity of a potential tenant. Be sure to check his passport details and registration. Enter this information into the contract and make a copy of the employer’s passport.

Through an intermediary

When contacting a real estate agency, a contract for the provision of services is concluded, and no fee is charged to the owner. From this moment on, the intermediary takes on all responsibilities: advertising, searching for clients, legal issues. The owner can only arrange a meeting with future residents by phone. With the mutual consent of the landlord and tenant, an agreement is concluded in the presence of a realtor.

Housing can be rented either daily or for a period of any length. The success of long-term rentals depends on correctly selected tenants, their decency and solvency. Renting an apartment daily has its pros and cons.

The undoubted advantages include the following:

1. Monthly income increases by 3-4 times compared to long-term rental, even if the occupancy rate is 15 days per month.
2. If the apartment is for sale, then daily rent is also very convenient. No one commits themselves to long-term obligations, and at the same time, housing is always available for viewing.
3. The owner has the opportunity to stop renting at any time and use the apartment at his own discretion.

What advice can you give to future clients?

Great care must be taken when making advance payments. It is generally not recommended to agree to this. The landlord's documents must be studied as carefully as possible . Sometimes it happens that the landlord himself is not the rightful owner of the apartment.

Fraudsters usually do not need witnesses when committing illegal acts. You can immediately feel the catch if the owner refuses to act officially.

The phone number that is constantly busy is also alarming. There is a possibility that the owner is constantly looking for more suitable options. And the deal may fall through.

Example of an agency agreement.

About real estate databases

Typically, agencies look at all advertisements where apartments are for rent. The company uses either one database or several at once. These databases provide all the information related to certain objects. It is regularly updated and systematized.

Thanks to such databases, realtors have the opportunity to respond to customer requests in a timely manner. And be aware of what is happening in the market.

Each base has its own organization. But the following information is present in most cases:

1. Contact details.
2. Rent terms. Sometimes tenants also make a set of demands on landlords.
3. Lease terms subject to restrictions.
4. Cost of concluding a contract.
5. Characteristics that the property has.

How to legalize redevelopment through the court? Read the answer here.

There are bases available for everyone to study. But they do not guarantee the availability of information that remains relevant. In such registers you can only find transaction options that do not involve the cooperation of a realtor.

Reviews about renting apartments through agencies

Reviews of the agencies' work are mostly positive. But many write about the need to check who exactly is the real owner of the apartment. The best option for this is to obtain extracts from the Unified State Register.

The main thing is that the owners themselves show a passport for the apartment and other documents confirming their right to dispose of this property. Every monetary payment must be recorded on paper.

If used correctly, this feature can be very convenient for those who want to save maximum time.

The main thing is to become familiar with all the nuances associated with such transactions in advance. should be especially careful with questions regarding prepayment. It is not recommended to deposit money immediately. After all, no one knows what will happen even the next day.

Tips on how to rent an apartment through a real estate agency are in this video:

Legislation

The issue of renting out housing is regulated by the Civil Code of the Russian Federation. Chapter 35 is devoted to this topic, which defines the relationship between the landlord and the tenant. On its basis, employment contracts are drawn up, controversial issues or situations are considered in court.

If you plan to rent out an apartment to a foreign citizen, then you should also take into account Federal Law No. 115 “On the Legal Status of Foreign Citizens in the Russian Federation” and Federal Law No. 109 “On Migration Registration of Foreign Citizens and Stateless Persons in the Russian Federation.”

Who can take it

According to Art. 30 of the Housing Code of the Russian Federation, the owner of a residential premises has the right to provide the property belonging to him for use on the basis of a lease agreement.

The subtenant also has the right to rent out housing on the basis of a social tenancy agreement and written permission from the owner of the property (Article 67 of the Housing Code of the Russian Federation). In this case, a notarized power of attorney must be issued.

Can a non-owner

Not only the owner, but also any authorized individual or legal entity under a power of attorney can engage in rental housing.

If housing is jointly owned, then family relationships, even the closest ones, are not a legal basis for sole disposal of real estate. In this case, you will need a power of attorney from all co-owners of the apartment or their presence when signing the agreement.