In this article you will learn: how and to whom you should rent an apartment by the day, what you need to do for this, how to protect yourself and whether you need to pay taxes on the income received. Frequently changing tenants, repair costs, and unforeseen situations can bring a lot of inconvenience. Therefore, it is better to be patient and approach the issue fully armed.
Who to settle
There is a certain contingent of people who regularly require short-term temporary housing. Mainly:
- applicants,
- business trips,
- people who came to work, etc.
Of course, these are not the best candidates, however, before you start renting out housing for daily rent, you need to decide on the category of tenants acceptable to you.
Each category of potential clients has its own possible inconveniences. If you decide to move in applicants, then be prepared to shell out for possible minor repairs to the apartment. After all, the majority of applicants are young and inexperienced guys and girls who are unlikely to be able to ensure the safety of repairs and interior elements at the proper level.
It is best to discuss such points upon check-in. In each individual case, the choice is yours, but if the tenants cause a lot of trouble, then it is better to refuse them. It is also better to discuss the conditions for possible eviction in advance. And most importantly, you need to keep records of income and expenses with each individual tenant. As a result, you will be able to determine the contingent of residents with which you will receive maximum profit.
What is short-term housing rental between individuals?
Short-term rental of housing by individuals is all transactions executed for a period of less than 1 year (Article 683 of the Civil Code of the Russian Federation).
A short-term rental agreement has the following features:
- At the end of the contract, the owner of the premises is not obliged to renew it with the tenants.
- When the tenant decides to move out, the people who lived with him do not have the opportunity to move in another person in his place. They must all leave the previously rented living space together.
- If one of the clauses of such an agreement was violated by the tenant, then the owner of the apartment can terminate it and evict the tenants. At the same time, he is not obliged to provide time for them to eliminate this problem or find new housing. Violators are evicted within a short period of time and the court in this case is on the side of the homeowner.
Is it legal to rent out residential premises for a short period of time?
Considering that the right to dispose of housing belongs to its owner, i.e. owner , he can provide his apartment for rent for any period. This is not prohibited by law and the Civil Code of the Russian Federation does not establish restrictions in this case for the copyright holder (Chapter 35 of the Civil Code of the Russian Federation).
Search for tenants
The process of finding tenants is advertising. You can place advertisements in newspapers, post them around the city, etc. However, the Internet has long surpassed everyone in this matter. There are a lot of ad sites on the global network. There are such platforms as Avito.ru, Irr.ru, by submitting advertisements on which you can receive the first calls from potential residents within 1 - 2 days. These sites are best for those who rent out 1 or 2 apartments.
If you have 3 or more rental apartments, then it is better to expand the range of advertising activities. You can use the services of specialized Internet portals where, in addition to displaying advertisements, you can also book accommodation. An ideal option would be the website kvartirka.com. To attract a wider audience, you can post ads on booking.com or airbnb.ru.
However, there is another factor that influences the constant availability of guests. This is the location of the housing. If you are renting an apartment somewhere in a tourist area, a resort town, or at an accessible distance from vacation spots, then it is better to focus on seasonal occupancy.
We are looking for a client - bulletin board requirements
To place an ad on avito, domofond, etc. in the category: “Real estate - For rent - Daily rent,” the landlord is required to confirm the existence of the premises.
To do this, you must place the user account ID number on the photo (for example, of the kitchen, bathroom, and room). You must print or handwrite the ID number on physical media and photograph it against the background of the corresponding part of the housing .
Graphic editors are prohibited from being used for this purpose.
What should be in an apartment for daily rent
The price at which you can rent it out and the regularity of tenants will depend on how well your apartment is equipped. There are a certain minimum of amenities that should be in any apartment for daily rent.
These include:
- Fridge;
- Plate;
- Dishes;
- Washing machine;
- Table and chairs;
- Ironing board and iron;
- Kettle;
- Microwave;
- Bed or sofa;
- Bed dress;
- Hygiene products;
- TV
It would also be useful to provide residents with cable TV, install Wi-Fi, an audio system and other additional amenities. The main thing to remember is that the quality of daily housing is measured not only by beautiful renovations, but also by interior elements. And the better the quality, the more guests are willing to pay.
Little things like an electric kettle or ironing board may be more necessary than a TV or refrigerator. Therefore, it is better that the apartment has everything you might need. Most of this is inexpensive. It is not necessary to furnish the apartment with everything new. You can buy used. goods. The main thing is that everything works.
Determining the rental price
The market determines the price. Before deciding what price to rent an apartment for daily, it is worth studying the existing market. Your potential competitors have already done everything for you. It will be necessary to rely on their average market indicators. In this case, you need to take into account only those competitors who rent apartments by the day, the main parameters of which are similar to the parameters of your apartment.
So, the factors influencing the rental price are:
- quality and cost of apartment renovation;
- degree of furnishings and appliances;
- number of rooms and beds;
- dimensions of the premises in the apartment;
- distance from transport, etc.
In addition, when demand is high, the price can be raised, and vice versa. Demand may be determined depending on the season if housing is rented at a resort. In cities like Moscow, demand is constant throughout the year, but it can grow due to the onset of holidays or in connection with an event of national or international significance.
Requirements for the contract
How to draw up a short-term rental agreement? Let's consider the rules for drawing up a document for renting out housing.
Correct composition
The agreement is drawn up in two copies (for the apartment owner and the tenant) in writing. Can be written either by hand or in printed format. What should be included in the agreement:
- Subject of the agreement (you must indicate the area of the apartment and its address).
- Details of the owner and tenant (full name, passport details).
- Date of conclusion of the contract.
- Rental period.
- The amount of payment, the procedure for transferring money to the owner of the apartment.
- Responsibility for paying for housing and communal services (who will pay - the owner or the tenant).
- Responsibilities and rights of the parties to the agreement.
- Conditions for termination and extension of the contract.
- Signatures of the parties.
The more detailed the conditions of residence and the provision of an apartment for rent are described, the lower the risk of conflicts and disputes between the parties to the transaction.
We wrote about what other documents may be needed to rent out an apartment and how to prepare them here.
What to consider when concluding
When concluding a short-term rental agreement, you should also take into account some important details:
- Procedure for evicting a tenant from an apartment. If housing is rented daily, then the contract should specify on what day and at what time the tenant undertakes to give the keys to the owner.
- Inspection of the apartment by the owner. The owner has the right to inspect the property if he rents it out for several months. The frequency of visits should be discussed in the document.
- Procedure for returning the deposit. If the owner takes a deposit, then its amount, as well as the procedure and conditions for return, must be specified in the contract.
Peculiarities
The terms of a short-term contract are slightly different from the terms of a long-term agreement. The features of a short-term contract are described in Article 683, clause 2 of the Civil Code of the Russian Federation:
- the employer does not have a pre-emptive right to extend the contract;
- housing cannot be subleased;
- the rule on possible replacement of housing does not apply if a contract is concluded for a short period;
- it is not necessary to indicate in the contract the details of the persons who will live with the tenant;
- In the event of the death of the tenant, the right to reside in the apartment of citizens who previously lived with him is lost.
At the same time, the law does not prohibit establishing your own lease terms that do not infringe on the rights of both parties to the transaction.
Is registration required?
If a person transfers housing for temporary use to another person, then for the period specified in the contract, the apartment is encumbered. The restriction of property rights is registered in Rosreestr. In accordance with Art. 674 of the Civil Code of the Russian Federation, a rental agreement is subject to registration only if it was concluded for a long term. A short-term contract (less than 1 year) does not need to be registered.
Is it possible to do without a document?
The document concluded between the landlord and the tenant has legal force and protects both parties from possible problems and conflicts. The contract is a guarantee of security of the transaction for both the property owner and the tenant.
Renting an apartment without a document is extremely undesirable, since in this case the rights and obligations of the parties to the transaction are not regulated by anything, which means that each of them can violate the terms of the agreement.
You can find out more about the rights of tenants without an agreement and what the landlord risks by renting out housing without drawing up an agreement here.
Safety
Renting out housing on a daily basis has its own risks:
Some guests may copy the keys and return to your apartment to steal valuable items. To protect yourself from this, you can change the locks from time to time, but this is quite expensive. Therefore, the best option would be to install an electronic lock with a replaceable code. After the departure of each guest, it will be enough to simply change the code and there will be no longer any risk of theft.
In addition to the human factor, there are others:
For example, there may be a fire or your apartment may be flooded by your upstairs neighbors. There is also a risk of your tenants flooding the neighbors below. It is better to insure yourself against such unforeseen situations. Housing can be insured by any insurance company. However, most insurers inflate the coefficients for daily rental housing. This, of course, is an additional expense, but it will protect you from even bigger problems in case of the unexpected.
How to rent an apartment daily through an agency
Currently, agencies specialized in renting daily housing operate in almost all cities. They make up the database of rental housing and are actively searching for tenants. Since running an independent business can be quite troublesome, many owners rent out their apartments through agencies.
When renting out housing on a daily basis through an agency, the agency itself deals with advertising, housing maintenance and ensuring the safety of property. However, the income of the owners decreases by 1.5 - 2 times. All the same, unlike long-term rental, this type of rental is considered 20-30% more profitable.
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.
- Preparation of rental agreements.
- Compiling and checking all documentation related to the apartment.
- Transfer of advance payment for rent.
- Acting as a negotiator during transactions.
- Conducting an analysis of documents that relate to a particular property.
- 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.
How the agency works
- The owner of the apartment enters into an agreement with the agency, which negotiates all the conditions for the delivery and maintenance of housing. Thus, the owner receives a certain percentage of the housing rental monthly or at another period established in the contract.
- You can also agree with an agency about mediation. With such cooperation, the agency is engaged in searching for tenants and preparing documents, and all other chores remain with the owner. Accordingly, the agency receives a percentage of the profit depending on the terms of the contract.
Cooperation with agencies is convenient for those landlords who are just starting to rent out housing on a daily basis.
What are the risks and how to avoid them?
The lessor must provide the following:
- Study the documents.
- Enter into a contract.
- Specify in the contract the exact date of arrival and vacancy of the property.
- Include a security deposit in the contract in case of property damage.
- Take money immediately after handing over the keys.
- Insure property against damage and theft.
The tenant should look for apartments on trusted sources, preferably on websites and through social networks, carefully check all the documents of the landlord, as well as communications, furniture and equipment in the apartment before moving into it, and not transfer money until gaining access to the apartment.
Renting an apartment is one of the most common real estate transactions at the moment. We have prepared materials for you from which you will learn about the procedure for registering a lease, about social, commercial and gratuitous rental, as well as about liability for illegal rental of an apartment.
Advantages and disadvantages of daily rental
Daily rental of an apartment is considered beneficial for both the landlord and the tenants. On the one hand, the landlord, on average, receives more profit than from long-term rent, on the other hand, the tenant saves on expensive hotels.
By taking advantage of all the achievements of modern advertising, you can get maximum profit from renting out housing on a daily basis. And if you own several apartments that are ready to rent out on a daily basis, you can provide considerable competition to the hotel business.
The only downside, perhaps, is the inconstancy of profits. For example, if you rent out an apartment in an area where demand depends on the season, then outside the season you will have to be content with a small profit. However, it will be possible to make up for the lack of profit during the season at least twice as much.
Possible difficulties
The difficulty in renting housing daily is the need for constant attention. It is necessary to ensure cleanliness, operating equipment, and be prepared for new residents. In addition, constant calls, showings, and concluding contracts take a lot of time.
To alleviate difficulties, you can hire workers, enter into an agreement with an agency, etc. However, you need to keep in mind that the more amenities you create for yourself, the more associated costs you should expect.
Rental rules for the tenant
Every person looking for a place to live, regardless of how long he wants to do it for, cares, first of all, about not being deceived. First of all, if it is a short term rental, you can try the following:
- Find out in advance which contingent lives in a given area.
- If possible, talk to neighbors about problems with previous tenants and the owner of the living space.
- Before moving in, inspect the condition of the apartment and find out if there are any breakdowns of equipment, furniture, or bathrooms, so that later it does not turn out that the owner will oblige the tenant to pay for all this.
If the owner of the apartment hides defects and damage to the property before renting out the property, then he will be held liable under Article 612 of the Civil Code of the Russian Federation. - Check the documents of the property owner and conclude an agreement.
- The agreement must be drawn up in 2 copies.
- Under no circumstances should you give your passport to the landlord as collateral.
- Sum up the cost of the housing itself and utility bills for it and compare them with what others offer. If suddenly the price turns out to be very low in comparison with competitors in this market, then this circumstance should alert the potential tenant.
The tenant does not have the right to extend the contract if he so desires.
From what age can you rent for a day?
Any person can rent an apartment for daily rent from the moment of partial legal capacity . According to Art. 26 of the Civil Code of the Russian Federation, teenagers aged 14 to 18 years can make transactions with the written consent of their legal representatives.
Do I need to pay taxes?
Of course, as in any other business activity, when renting out housing on a daily basis, you need to pay tax on the profit received. Currently it is 13%. To do this, you need to conduct official activities, fill out and submit accounting documentation to the relevant authorities. However, this is not only an additional expense or reduction in profit, it is also an opportunity to receive benefits. So, when you officially register your activity, your work experience will be counted, pension savings will be deducted, etc.
In addition, official activity opens up more opportunities and also protects from unnecessary troubles, which we have already discussed.
However, most of the daily housing rental activity takes place in the shade. Most landlords, in order to avoid paying taxes, do not enter into an agreement and do not officially register as entrepreneurs. And the state cannot do anything about it.
Largely because the apartment is private property and it is simply impossible to check the fact of daily rental without a good reason. In exceptional cases of serious violations or complaints from neighbors, cases of unofficial rental activity are identified. This is also facilitated by residents who tell inspectors that this is their relatives’ apartment, that they live here for free, etc.
Nevertheless, landlords are gradually realizing all the advantages of official activities. In recent years, there has been a tendency for this sector of the economy to emerge from the shadows.
Do it yourself or ask an agency for help?
The choice of rental method depends on the personal preferences of the owner. If you don’t have time to search for tenants and show housing on your own, then it’s better to entrust this work to a realtor. You will have to pay for his services. The commission is charged to tenants and depends on the cost of rent.
It is worth considering that the presence of a commission may scare off potential tenants . Not everyone is ready to pay for the services of an intermediary. Therefore, in some cases, the search for clients may take a long time.
Renting out housing on your own requires a lot of free time from the owner, especially when it comes to daily rentals. The owner will have to:
- Tidy up the house;
- look for new tenants every week;
- go to shows;
- conclude contracts.
If the owner considers renting as a business, then he will have to do without intermediaries. If he wants to receive passive income, then it is better to contact an agency and delegate some of the responsibilities to specialists. You can learn more about how to rent out an apartment correctly - on your own or through a real estate agency - in this material.
Advice for lawyers
Daily housing rental is a business activity associated with generating considerable profit. Therefore, corporate lawyers need to be extremely careful when advising apartment owners, drawing up lease agreements and ensuring compliance with legal requirements when carrying out such activities:
- It is necessary to monitor not only the timely payment of tax contributions, but also compliance with the quality standards of the housing provided. Civil and housing legislation in general is quite liberal, but it also contains imperative norms, the violation of which entails liability, including criminal liability.
- So, for example, if when renovating an apartment, materials containing harmful chemicals prohibited by building codes were used, then it is necessary to check with the owners about this and indicate the need to eliminate the problem.
- You also need to be prepared for lawsuits from both residents and neighbors. Not every neighbor will calmly look at the constantly changing residents behind the wall or above the ceiling. It is necessary to prepare for a competent response to such concerned neighbors.
- In rare cases, you may encounter litigation related to the payment of insurance premiums. After all, the occurrence of an insured event is always an alarming situation for the insurer. Any insurer will try to find ways not to pay out money. In order to avoid giving him reasons for this, it is necessary to explain to the lessors the procedure for behavior in the event of an insured event.
In general, you need to be ready to answer all besetting questions, both from government agencies and from private individuals.
Peculiarities
Daily rent is more profitable, but has a number of nuances:
- Damage to real estate and property is possible. Temporary residents rarely treat other people's property with care.
- The likelihood of disputes and conflict situations with neighbors increases.
A number of everyday problems also arise:
- increased costs for cleaning premises after tenants move out;
- frequent washing of bed linen and other textile items;
- the need for frequent calls and regular meetings with clients;
- resolving conflicts with neighbors and the management company;
- eviction of tenants in case of violation of the rules of use of the premises.
Important! It is necessary to carefully draw up the rental agreement - it must take into account all the details regarding the use of the premises and making payments.