An ordinary everyday situation: children graduate from school and leave to go to university in another city. It also happens that the chosen institute or university is located in your native place, but far from home. For example, in Moscow, the journey from one end of the metropolis to the other will take half a day, which, of course, will quickly bore a student, despite the universal thirst for knowledge.
Therefore, parents often begin to wonder: at what age can a child rent an apartment? Does a minor have the right to rent housing on his own? What documents are needed for this?
The topic of housing rent in relation to teenagers raises many questions. Let's look at the most relevant ones.
Is it possible to rent an apartment at 17 years old?
It is possible at 16, and even at 14 - this is not prohibited by law. The Civil Code has Article 26, which states: a child from 14 to 18 years old has the right to enter into any real estate transactions. But - only with the written consent of parents or guardians. To rent housing, it is sufficient to provide a free-form consent to conclude an agreement, where the mother or father indicates their and the child’s passport details. There is no need to have the document certified by a notary.
However, it is unlikely that a 15-16 year old teenager will be able to find a suitable rental option on his own. Apartment owners now make such demands on tenants (only Slavs, only family, no parrot dogs and other quirks) that it is not easy for an adult to move into it. And then, the owner needs a tenant with a regular income who can uninterruptedly pay for the services provided.
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But Russians can rent an apartment on their own only after reaching 18 years of age.
When to let your child live independently?
If we abstract from the law and consider the possibility of children living separately from their parents, a completely reasonable question arises - “When should a child be allowed to live independently?” It is impossible to answer it unequivocally, since everyone has their own norm in this aspect of life.
Some people believe that children should move away from their parents or guardians after reaching adulthood and live independently; others, who are the majority, see nothing wrong with all generations of the family living together for an unlimited amount of time.
Perhaps it is best to let children go free in situations where they:
- Completely matured in all aspects of their lives and became independent.
- They do not have significant domestic or financial problems.
- They themselves express a desire to move to a separate living space.
Under these circumstances, neither the children who find themselves in a completely new environment nor their parents will worry and will receive satisfaction from the decision made.
In any case, each family is an individual unit, so it is not easy to say anything specific about the optimal time to leave the parental home.
At a minimum, it is advisable not to kick anyone out anywhere, but holding children against their will is also wrong. In all aspects of life, especially family, the main thing is mutual support and trust. You shouldn't forget about this.
Is it possible to recognize a child as legally competent under the age of 18?
This is possible, although the so-called emancipation procedure is practiced quite rarely in Russia. If a child who has reached the age of 16 is officially employed, works under an agreement or contract and has a stable income, or is engaged in individual entrepreneurship, then he may be recognized as legally competent (Civil Code of the Russian Federation, Article 27).
The same rule applies to young people who entered into legal marriage before the age of 18 (Civil Code of the Russian Federation, Article 21). But to do this, they, as well as their parents, need to contact the local guardianship and trusteeship authority. If they give the go-ahead, the teenager is recognized as an adult, acquiring all the rights and responsibilities of an adult. Now he can make any deal.
How to rent property for your child?
If it is possible to come with a child to another city, then everything is simple, as with a regular rental. You find an apartment, rent it in your name, and state in the contract that the child will live there.
The law does not prohibit children over 14 years of age from living alone if this happens with parental consent. You yourself bear responsibility under the contract, and if your son or daughter caused damage to the home, they will recover it from you. This option is more convenient because most homeowners or agents will prefer to work with an adult.
If it is not possible to travel to another city with your child, then the procedure is as follows:
- Step 1: Find an apartment via the Internet, or your heir finds it himself on the spot.
- Step 2: The child signs an agreement with the landlord and tells you all the details of the agreement. Attention! At this stage the contract is not yet valid!
- Step 3: You write your consent and send it by mail to the child.
- Step 4: He hands over the document to the landlord.
From this moment on, the deal came into force and the teenager could move into the apartment. In this case, the minor himself bears responsibility under the contract, but if he does not have the means to compensate for any damage caused by him, then the responsibility will shift to you (Civil Code of the Russian Federation, Article 1074).
How to conclude a rental agreement with a teenager?
Such a document is drawn up between the owner of the apartment and the parent of the future tenant. To do this, it is necessary to provide official permission for his separate residence in a rented apartment. If the owner of the property rents it out to a minor without the written consent of the parents, nothing will happen to him for this - the law does not regulate this point.
But if a young tenant causes destruction in the apartment and damages the owner’s property, then the owner will have to cover the losses himself. According to lawyer Evgeniy Tronin, he will not be able to demand payment for repairs from the minor, since all property obligations lie with his parents. In addition, the owner will have to prove that this particular child is to blame for the incident. If you go to court, it will recognize the lease transaction as invalid, since it could only be concluded with the permission of the guardians.
Methods of renting housing
There are two main ways to find rental housing:
- through real estate agencies;
- independent analysis of rental offers from apartment owners.
Both options are described in detail below.
Through an agency or realtor
One of the most common ways is to contact realtors who can help you find a suitable option. However, this service is not free. If a rental agreement is concluded, the tenant will have to pay the agency a certain percentage of the monthly rental price.
Reference . As a rule, the size of this fee is 50-100% of the cost of renting an apartment for a month.
In general, the search for housing through realtors is carried out in the following order:
- Choosing a suitable real estate agency or private realtor.
- Meet with a consultant and detail your expectations regarding rental housing.
- Concluding an agreement for the provision of apartment search services.
- Review of the proposed options.
- Concluding a rental agreement with the owner of the apartment you like.
- Payment for the services of a real estate agency or realtor.
Personally
This is a more difficult way to find housing, as it requires a lot of time and effort. Moreover, with this option, the chance of encountering scammers increases significantly. At the same time, the advantage is that there is no need to pay a commission to an agency or realtor.
So, the main ways to independently search for a rented apartment include the following :
- survey of relatives, friends and acquaintances;
- tracking offers posted by property owners on various Internet sites;
- posting advertisements looking for housing for rent;
- publishing a message about the desire to rent an apartment in various thematic groups (on social networks), as well as viewing the proposed options.
Can an owner rent out an apartment for short-term rent to minors?
Lawyer Kristina Karyagina explains that long-term rentals and short-term rentals are regulated by law in the same way. Teenagers from 14 to 18 years old enter into transactions with the written consent of their parents, adoptive parents or guardian. The transaction will be valid even with its subsequent written approval.
True, high school students most often look for an apartment for a day without informing mom or dad. They don’t intend to do homework there, but to hang out noisily - with drinking and other adult joys. If the neighbors call the police, the owner will regret his short-sightedness: he may be accused not only of illegal business, but even of maintaining a drug den.
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Rules for renting premises for a short period
The choice of residents should be approached wisely and carefully . It is best to place advertisements for renting out your home on trusted sources and sites. This will reduce the risk of running into scammers (what types of rental fraud are there?). Of course, posting advertisements is free for the owner of a residential property that he intends to rent out, but it is the most risky one. So it’s better to pay and protect both yourself and your home.
As for the issue of attracting clients, it is no less difficult than finding them. The competition in this market is enormous. Therefore, you need to make every effort to ensure that your apartment is considered by potential clients in the first place. What does this require?
- Creative text for an advertisement for the rental of residential premises.
- The location of the apartment itself. If it is located in the city center, with developed infrastructure nearby, then this is already a big plus.
- Condition of the living space. It should be clean and comfortable.
- Furniture in an apartment plays an important role. The better quality and functionality it has, the higher the chances of renting out the apartment.
- Everyone needs household appliances. Therefore, its availability (stove, washing machine, iron, etc.) will affect how quickly you can find tenants.
- WI-FI. Today no one can live without the Internet. Therefore, you need to take care to install it.
- Household supplies such as a towel, slippers, robe and bath accessories should ideally be available.
Is it possible to rent out an apartment to a minor child?
Children of any age can be property owners. It happens that a child receives an apartment as a gift or by will, or parents register it in the name of their offspring in order to protect the property from the claims of creditors. Such housing belongs exclusively to the young owner, and mom and dad cannot sell it, exchange it, or rent it out at will.
To obtain permission to rent out an apartment, parents, guardians or adoptive parents must contact the guardianship and trusteeship authority at their place of residence (Article 37 of the Civil Code of the Russian Federation). If they refuse (specific reasons for refusing consent to a transaction are not specified in the law), you can go to court.
How to create comfort, arrange and decorate without special expenses?
When settling into a rented home, every person strives to make it as comfortable as possible, since the environment affects the mood. However, carrying out repair work in this case is inappropriate.
To transform your rental property at minimal cost , you can use such useful tips as:
- if the apartment has a cornice, then curtains with beautiful colors can be hung on the windows;
- lay a soft and pleasant-to-touch carpet on the floor;
- arrange decorative interior items around the apartment (figurines, vases, candlesticks, etc.);
- hang a beautiful picture on the wall;
- lay a tablecloth in pleasant colors on the kitchen table, etc.
In general, it is worth noting that the issue of renting housing should be approached no less seriously than buying real estate. At the same time, it is very important to carefully study the owner’s documents, inspect the living space, and also delve into the text of the contract in detail.
How to legally rent out an apartment if the owner is a teenager?
Having secured the consent of the guardianship authorities, the parents draw up an agreement with the tenant, which is signed by both the parent and the child (if he is over 14 years old). Guardianship will require opening a bank account in the teenager’s name and transferring the rental proceeds to it.
This money will be “frozen” until the child becomes an adult. You will have to pay tax on income from renting out real estate (Article 23 of the Tax Code of the Russian Federation). The declaration is submitted on behalf of the child by his legal representative, who also pays the tax. If housing is rented by a legal entity, the tax is transferred by the organization.
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When can you rent a home without your parents?
Now you need to determine when to rent without your parents. If we consider the situation where a fifteen-year-old child moves to a new place of study and intends to rent housing on his own, he does not have the right to do so in accordance with the provisions of the legislative framework.
According to the drawn up lease agreement, the owner of the living space can provide the tenant with premises for limited use for a certain amount of payment funds. The object of the concluded agreement may be an isolated living space suitable for regular cohabitation of people.
It should be taken into account that the compliance of the premises with acceptable conditions is established according to the rules specified in the legislative framework, more specifically, in Art. 673 Civil Code of the Russian Federation. There are important details to consider when drafting a lease agreement.
When an agreement is signed only by a representative of a party, serious attention will have to be paid to the list of his legal powers. When a child appears as a tenant, you will have to obtain appropriate permission from the guardianship organization.
The agreement can be concluded for a period of up to 5 years. The legislative framework states that when drawing up an agreement for a period of more than a year, the document must be registered with an authorized government agency. If the period is less than a year, such registration will not have to be completed.
In most examples, the child is registered in a rented apartment together with one of the parents, as a person cohabiting with him. In some situations, the child and his parent are indicated in the agreement as residents.
