What is a deposit when renting an apartment: obligations and responsibilities of the tenant

The perplexed tenant turned to a housing search group on Facebook for advice.

“The landlord - a beautiful middle-aged woman - does not give the deposit. 25,000 rubles are not lying around on the road, so I want to return them. Conversations and explanations have no effect on her.

Before leaving, as expected, I gave a month’s notice that I would be leaving. Moreover, she posted the ad herself and found a girl instead of herself. It turns out that the owner of the apartment received a deposit for the second time in a year, but refuses to return it to me.

I appeal especially to those who have had such a situation. Please advise what to do?” — the girl wrote. And she clarified in the comments that according to the terms of the contract, the hostess is obliged to return the deposit. “She says that we didn’t pay money in advance: we moved in first, and paid a month later. Although when we moved in, we paid the realtor, gave the deposit and payment for the first month. I can’t snatch her bag and take money from it. She turns on the fool and begins to say what an honest woman she is, she has bad legs and in general - how much she rents - such situations have never happened.”

The group members suggested different ways out of the situation.

The concept of collateral: what is it?

When renting out real estate, its owner bears certain risks: the sudden departure of a tenant without warning will lead to loss of income (until a new tenant is found)

, property damage or repairs will require certain expenses. The deposit is a certain amount of money, which is a guarantee that, firstly, the apartment will remain safe, and secondly, the tenant will not leave it unexpectedly before the end of the contract period.

If something like this does happen, the deposited amount will automatically serve as a contribution for the last month of rent
or will be spent on repairs, purchase of furniture, interior design, and household appliances.
The deposit is also a kind of insurance in case the tenants cause material damage to the neighbors. In addition, this money can be used to pay off debts on utility bills left by the tenant. If the owner is warned in a timely manner, the tenant receives his money back.

The amount is reflected in the contract and is usually paid before moving into the rented apartment. The amount of the deposit is determined by the landlord, based on how he assesses the risks associated with strangers moving into his living space.

Rental security deposit: meaning and purpose

In current practice, apartments are most often renovated, with plumbing and furniture installed. The presence of these conditions means for the owner a potential risk that the property will be destroyed or damaged. Other dangers cannot be excluded:

• tenant insolvency;
• Neighbors Bay;
• non-payment of utility bills, etc.

A deposit when renting an apartment can protect the homeowner from these unfavorable prospects. This is the amount that is paid by future residents at the time of renting the living space to its owner. It plays the role of insurance in case of damage to furniture, plumbing, expensive repairs, or other unforeseen circumstances that entail material losses for the owner.

The security deposit is transferred at the time of renting housing. As a rule, it is equal to the monthly rental cost, but the parties can calculate a different amount based on the price of repairs, furniture, and other furnishings.

Art. 1064 of the Civil Code of the Russian Federation states that tenants who damage the property of the landlord are obliged to compensate for the material losses of the latter. This rule applies to situations where valuables were broken or destroyed due to improper treatment by temporary owners.

Art. 622 of the Civil Code of the Russian Federation introduces the concept of natural wear and tear of property transferred for temporary use. This means that tenants must return valuables to the owner in a suitable condition, but not in the same form as they were 5-7 years ago.

Lease agreement with security deposit: what should be specified

Execution of such a document is highly desirable if home electronics, household appliances, high-quality furniture remain in the living space, or if the apartment is being rented out after expensive renovations.

However, an agreement with a deposit is signed even in cases where “bare walls” with working plumbing are leased
(in case of sudden disappearance of residents)
. As a rule, the document records:

• information about each party;
• general information about the residential space for rent;
• monthly payment amount;
• the amount of the deposit paid before moving in;
• duties and responsibilities of the landlord and tenant;
• validity period of the signed agreement;
• conditions and possibilities for terminating the contract.

The payment of the deposit, as well as the subsequent transfer of the agreed amounts as monthly payment, is issued in the form of a receipt. The tenant must require a receipt and keep it until the end of the rental period, since in controversial cases the document will become the only confirmation of payment.

The agreement should only be concluded in writing, even if the landlord is a good friend, and the temptation is great to avoid unnecessary bureaucracy.

If housing is rented for a period of more than a year, the transaction must also be officially registered with Rosreestr, as well as the residents must be registered. If the last rule is not followed, the owner may face a fine.

If automatic renewal is applied

Many banks prescribe this action in the terms of deposit placement. In this case, after the end of the initial period, the money is not transferred to the Demand account; it continues to be on the deposit. What to do with them next is up to the client to decide.

Please note that the automatic renewal rate may change. Deposit rates have a floating value; they directly depend on the economic situation and on the key rate of the Central Bank.

As a result, the contract could have been concluded at 5%, but something changed during its life, and 4.8% is already applied to the program. Then, upon completion of the placement period after automatic extension, the yield will decrease to 4.8%.

Options for the development of the event:

1. The client will want to withdraw the deposit early immediately after renewal. Then this will be a standard closure of the deposit.
2. Further placement of funds. That is, the investor does nothing, the money continues to work.
3. Early termination of the deposit some period after automatic extension.

Let's look at the last case in more detail. For example, you wanted to withdraw money 3 months after renewal. In this case, the accrued income for the initial placement period will remain in place. But the profit that managed to accrue after the extension will be removed. The rate for these 3 months will be calculated at the demand deposit rate.

If interest was accrued for the period after the automatic extension and transferred to the client, they will be deducted from the amount issued in hand.

Receipt requirements

The receipt is not at all a free essay on the topic of transferring funds, but is an important document that requires compliance with certain rules for its preparation. Mandatory certification by a notary is not provided for by law, but when we are talking about a decent amount or concluding an agreement through proxies, it makes sense to contact a government representative who will witness the transfer of money.

If you decide to do without a notary, it is important:

• clearly indicate that the amount transferred to the owner of the property is precisely the deposit (or deposit)
  made in accordance with the rental agreement;
• be sure to provide information about both parties;
• clearly record not only the place of transfer of money, but also the time of payment, down to minutes.

The main thing is not to forget that it is better to transfer money in the presence of witnesses who will confirm the transfer of the contribution and put their signatures on the receipt.

The agreed amount must be handed over only to the owner of the property or a person who is authorized to act on his behalf under a notarized power of attorney. Transferring money through an intermediary, even if it is an agent of a well-known company, is unacceptable; a realtor can only provide assistance in preparing documentation, but you must pay and take a receipt in person.

In essence, collateral and deposit are one and the same thing. Information about the deposit is indicated in the contract as a separate clause. It is also important to clearly state the purpose of the amount contributed by the tenant.

The document must clearly state that if the tenant leaves the apartment in its original condition, the money will be returned.

How is the deposit refunded?

When tenants move out, the owner of the property is obliged to return their money if the property is transferred without damage. To avoid conflict situations, at the time of signing the contract, the parties draw up and sign an act of acceptance of valuables, which lists pieces of furniture, plumbing fixtures, etc., and makes notes regarding their original condition.

When assessing the returned property, the owner of the living space must take into account natural wear and tear. For example, if the hinge on a closet door has broken, or the paint has slightly peeled off the table, this will not be a reason to withhold amounts from tenants. The basis for leaving a deposit will be damage to previously transferred valuables, for example, a broken mirror, broken taps, a broken window, a broken sofa, etc.

Refunds follow the same algorithm as the initial transfer. They can be provided to tenants in cash or by bank transfer. In the first case, the supporting document will be a receipt endorsed by both parties to the transaction, in the second - a bank statement.

A security deposit is a recognized way to ensure the interests of the landlord. It protects him from a situation where tenants destroy valuable property but refuse to pay for the damage. If the valuables are transferred to the owner intact, the funds must be returned.

How to reduce financial burden – installment deposit

If a preliminary agreement has been reached on all other issues, and the property owner likes the potential tenant, the property owner may agree to pay the deposit in installments - along with a monthly contribution. Of course, not every owner will do this (there are still risks)

however, if you convince the landlord of your integrity, you can at least try to negotiate this
(and be sure to record the result of your efforts in the contract)
.

Most often, the amount of the deposit is taken equal to the monthly payment, but this is not a mandatory rule - the landlord has the right to set it at his own discretion.

On the other hand, if you bargain and present compelling arguments, you can significantly reduce it.

If you follow all the rules specified in the agreement, keep the apartment clean and, as required, notify the owner a month in advance of your intention to leave the home, you can count on the return of the deposit or its “offset” in the form of the last monthly payment.

It should be noted that in case of large losses, the amount of the deposit may not be enough to cover them. But still, in addition to financial security, the deposit plays an important psychological role - it disciplines the tenant and forces him to treat the property more carefully and weigh his decisions if he wants to change his place of residence.

Families with children and pet lovers will have to put up with a full deposit requirement (for obvious reasons)

. Moreover, experts recommend that owners even increase it in such cases. It is highly not recommended to hide the fact that children and their four-legged friends will live in the living space in order to reduce the deposit.

False information is an ironclad reason for unilaterally breaking the contract, and then the deposit will not be returned for sure.

Actions in case of non-return of deposit or security deposit.

In all these cases, the lessor must return the money. But if he evades his obligations, he needs to know how to protect his rights. The course of action depends on the specific situation.

✔ If there is a lease agreement and receipt.

In this case, the tenant has the highest chance of returning the required money. The most extreme option is to go to court, which will most likely be on the plaintiff’s side. But if there is no possibility or desire to start a lawsuit, you can try to resolve the case pre-trial:

• Explain that if he goes to court, he will suffer more losses.

• If you suspect tax evasion, you can threaten to contact the tax office.

• Do not hand over the keys until the full amount has been received. The transfer of the deposit and/or deposit prior to arrival must be confirmed by a receipt, which will be required to be presented in order to receive a refund. If it is not possible to resolve the case pre-trial, it is worth knowing the statute of limitations for filing a claim. Such a claim relates to general civil cases, and its statute of limitations is 3 years.

✔ If there is no lease agreement, but there is a receipt.

The receipt serves as proof that the funds were received by the counterparty. Therefore, even if a lease agreement has not been drawn up and signed, the owner of the apartment is obliged to comply with the legal requirements for the return of the security deposit or deposit amount. In pre-trial proceedings, the issue can be resolved through negotiations. If there is no rental agreement, the likelihood that the owner of the property is hiding income from its rental is quite high. Therefore, you can try to explain to him that if he contacts the appropriate authorities, the amount of his damages will be significantly higher than the pledge or deposit. If the case cannot be resolved pre-trial, you will have to turn to the courts. Among the evidence base for the illegality of the actions of the owner of the living space, the receipt occupies a fairly important place. The statute of limitations in this case is 3 years. The keys should not be given away until the issue is resolved.

✔ If there is no rental agreement and receipt.

In this case, the chances of getting the money back are the smallest, because there is no agreement regulating the rights of the tenant and a receipt confirming the fact of transfer of money. Most likely, going to court will not give a positive result due to the lack of evidence. Therefore, all the tenant can do is try to negotiate with the owner. A measure of influence could be the threat of going to the tax office, because most likely he does not submit taxes on rental income. There is no point in interfering with the police in this matter, because the effect may be the opposite. The tenant may be charged with trespassing on someone else's property without an agreement. You also cannot hold the keys, because due to the lack of an agreement and receipt, the tenant does not have the right to stay in the premises. Therefore, if there are no evidentiary documents, the chances of returning the deposit or security deposit are zero.

○ What to do if the landlord is hiding.

If the owner of the apartment simply ignores the demand to return the due amount and does not get in touch, you need to act as follows:

• Draw up a deed of transfer unilaterally and send it to the place of registration by registered mail.

• Draw up a statement of claim, attaching a copy of the act and the shipping receipt.

• Provide the court with evidence of attempts to contact the owner of the apartment (testimonies of witnesses, sent messages on the phone). If the landlord hides, this may also be regarded by the court as unlawful actions towards the tenant, which increases the likelihood of the latter winning. It is important to take into account that the statute of limitations in this case is also three years, so it is necessary to initiate litigation before the expiration of the specified period.

○ How the landlord can reduce the amount of the refundable deposit.

The conditions for the return of funds must be reflected in the lease agreement, but there are general requirements for this procedure. The owner of the property is obliged to return the entire security deposit and/or deposit amount if the condition of the apartment has not changed during the rental period. In this case, the following conditions should be taken into account:

• Living space in general.

• Household appliances.

• Furniture.

• Communications.

The amount of refunded funds will be reduced according to the amount of damage caused to the lessor's property. Thus, the deposit and collateral are conditions that are beneficial, first of all, to the owner of the living space, who is thus insured against possible damage. But just as the tenant has the obligation to provide these finances, the landlord is responsible for the timely return of advance and insurance payments.

○ Advice from a lawyer:

We moved out earlier than stated in the contract, the landlord refuses to give the deposit. The owner will be right if you did not warn him in writing about your intention to vacate the living space in advance, provided that this is reflected in the contract.

✔ The landlord asks to return the keys, and promises to return the deposit later.

In this case, the decision is made by the tenant personally, based on the degree of trust in the owner. If the latter receives the keys to the apartment, he will have no obstacles to its further use. In addition, voluntary return of keys may be classified as no claims against the landlord. Therefore, it is better not to agree to such a request and use the keys to the apartment as a method of influencing the owner.

What is a security deposit and a deposit for an apartment when renting.

Collateral and deposit when concluding a rental transaction are concepts that have significant differences. • “Fulfillment of obligations can be ensured by a penalty, a pledge, retention of the debtor’s property, a surety, an independent guarantee, a deposit, a security deposit and other methods provided for by law or agreement (clause 1 of Article 329 of the Civil Code of the Russian Federation).” As follows from this law, a deposit is a guarantee amount that can be used to pay off a debt in the event of its formation. For example, it can be used as payment for the last month of stay. As for the deposit, these are financial resources in the amount established by the parties (usually equal to the monthly payment). This is a kind of insurance for the landlord, which will compensate for damage to his property if it occurs. The concept of a security deposit is not reflected in the legislation; it is equivalent to a security deposit. • “A monetary obligation, including the obligation to compensate for losses or pay a penalty in the event of a violation of the contract, and an obligation arising on the grounds provided for in paragraph 2 of Article 1062 of this Code, by agreement of the parties, can be secured by the contribution of one of the parties in favor of the other party of a certain monetary amount. amount (security payment). A security payment can be used to secure an obligation that will arise in the future. • If the circumstances stipulated by the contract occur, the amount of the security payment is counted towards the fulfillment of the corresponding obligation (clause 1 of Article 381.1).” ○ How the deposit and collateral should be formalized. Before transferring money, you need to make sure that there are no problems with its return in the future. To do this, you need to: • Include in the contract a condition for making a deposit and/or a deposit. • Transfer funds only with a receipt signed by the parties. • Correctly carry out the reception/transfer of living space: Draw up an inventory of the property with a detailed list of what things and in what quantities are in the apartment. Draw up a transfer deed that records the actual condition of the property at the time of renting it out, and also indicates the data of all meters. Such actions will help avoid conflicts when terminating the lease. ○ When the security deposit is returned. The conditions for the return of insurance amounts must be provided for in the agreement. The parties may, at their own discretion, determine the circumstances under which funds will be returned, provided they do not contradict the law. However, there are general conditions that provide for the return of funds to the tenant. Both the security deposit and the deposit must be returned to the tenant if: • He has promptly notified the landlord in writing of his intention to move out early (usually this must be done a month in advance). • Upon completion of the lease relationship, there are no mutual claims between its participants.

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Comments

Ilyas Hello! The owner does not return the deposit, citing the fact that I damaged the plumbing, although it was in the same condition at the time of my arrival. How can I influence it if there is no lease agreement and receipt? Consultant Good afternoon. Unfortunately, the lack of evidence will invalidate the possibility of protecting your rights. The fact that the plumbing was already in poor condition at the time of occupancy should have been reflected in the transfer deed. Without all these documents, you cannot expect a refund.

Matvey Hello! The owner does not return the deposit, explaining that it is compensation for early termination of the contract. I warned about my intention to move out 3 weeks before the actual departure, and he claims that I violated the deadlines. Consultant Good afternoon. The period within which you had to notify the owner of your intention to vacate the property should be regulated by the drawn up contract. If it states the month, you have actually violated the notice condition. However, the deposit cannot be used as compensation without being a deposit. Therefore, you can go to court with a corresponding claim and annexed to the agreement indicating the payment of a deposit, and not a deposit and a receipt for the transfer of money.

Ksenia Good afternoon. We rent an apartment (according to the contract) there is a receipt for the deposit, the problem is that we paid the deposit partially, for 3 months in installments. The landlady said I will return your deposit when I find new tenants. If they give it to me in parts, then I will give it to you, if in whole, then I will give you the entire deposit. Is she right? Or should she give us the entire deposit on the day of our congress? Why should we wait for Her tenants?

Alexey Moved out of the rented apartment. When moving out, he gave me his version of the contract and the keys. According to the contract, there must be a used refrigerator. The owner, due to the unprestigious brand and old year of manufacture of the refrigerator, threatens not to fully return the deposit. I have a receipt received at the congress stating that there are no complaints and the deposit will be credited to my account (without passport data). Please suggest an algorithm for action in case of incomplete return of the deposit. Alexey Hello, should the landlord return the deposit if the tenant did not warn about leaving the apartment at the end of the month 2 weeks before the move, but informed them in the last 3 days? Should the landlord return the deposit?

Zalina Hello, what should we do if we just paid for the apartment and after 11 days we had to move out due to drunkenness and the inadequacy of the landlady, they returned only 5,000 thousand, citing the fact that she raised the rent for the apartment without even warning, the keys to the apartment were left and the contract was also Maria - .RU Hello! You need to send the hostess a written notice of termination of the contract with a request for a full refund of the money paid for your stay for the unused period, and also stipulate a method for returning the keys. If your demands are not met, you will need to go to court with similar demands and terminate the contract in court.

Marina Good afternoon. We rented an apartment in Adler for half a year for the winter. My husband worked in Moscow, and I and my child lived for 6 months in the warmth of the sea - we did it for the sake of the child, so that he wouldn’t get sick, because... weak immunity. We paid a deposit in the amount of a monthly payment of 30,000. During our stay, I pasted children's pictures on the wall, when I started taking them off, I damaged the wall a little - it was painted. I covered it up carefully, but the darkening remained. The wall is light. The landlady refused to return the deposit, threatening the court that she would exact the full penalty and that it was necessary to paint not only the wall with dark spots, but the entire large room and expensive paint because... Their apartment is not economy class. She accused me of trashing her apartment, although I washed everything and cleaned up. She lives in Perm and said that if she flies in and does everything herself, she will still charge the amount for the flight. Her neighbor, the realtor, dealt with all the issues regarding the acceptance of the apartment; it was from her words that the landlady threw us a tantrum with threats. I suggested painting everything myself first, but... There is no such koaska and its owner tinted it herself, she refused me. Then I offered to financially cover the repair of one wall, then divide the entire repair of the room in half and pay for it, to which I listened to a bunch of more reproaches that the cleaning lady had never seen such dirt - we also have to pay for the electrician, for some reason it turned out that the sockets and a bunch of them had been torn out Total. She is not going to return anything and also threatens that she will sue and we will reimburse everything and pay extra. Please tell me what we should do. I’m on maternity leave and my husband works, we can’t afford legal aid, and how am I going to go to court with my child? Who is right in this situation? I admit my guilt, but only for one wall, and I am ready to pay for painting it and not for the entire repair. Threat:

[20.04, 14:50] Elena Adler Enlightenment 84, 60: Are you kidding me! It’s easier for me to sue you, you’ll pay for the penalty, the fact that people after you wanted to move in right away, but I had to refuse, for repairs, for three days of cleaning, for the purchase and repair of sockets, for moral damages. I have all the evidence, everything is recorded.

[20.04, 14:54] Elena Adler Enlightenment 84, 60: What they did, they didn’t clean up after themselves, they left! Do you think that you can ruin everything for people, and calmly leave everything in this state and leave? You need to be responsible for everything. For your illegal actions, other people should not bear losses. [20.04, 14:56] Elena Adler Enlightenment 84, 60: Come and arrange everything. You need to be responsible for your actions. [20.04, 15:20]: Elena, I can come on the 30th or 1st. [20.04, 15:22]: Why don’t you want me to come when I can? I cleaned up before leaving! But you don’t want to understand that I have a child. It was impossible to live without touching anything!

[20.04, 15:30] Elena Adler Enlightenment 84, 60: Because I have a reservation for May, I can’t cancel if I’m willing to pay a penalty...

Maria - .RU Hello! You should keep in mind that in accordance with Art. 15 of the Civil Code of the Russian Federation, only real actual damage proven by the second party is subject to compensation. That is, you will need to pay for the repair of only one wall, and the plaintiff (the owner) will need to provide documents about the real cost of materials and work for restoration. In addition, if you disagree with the amount, you can order a certificate or opinion from independent experts about the real cost of restoration work. Most likely, the amount to be reimbursed will be far from the amount requested at the moment.

Marina Hello! Sublease (the agreement has not been signed), but there is a receipt for the deposit in full. The main tenant refuses to give me a deposit, claiming that he must give me a month’s notice (but not only do I have a clause about this condition, but I don’t have any contract either). How to return the deposit? At the same time, the tenant herself informed me, without my desire, that I was moving out in a month. That is, Maria dictated her entire conditions - .RU First of all, you need to submit a written application for the return of the amount paid as a deposit; in the application you must indicate the bank details for the transfer. The period for consideration of such a written application is indeed 1 month, by analogy with the provisions of Art. 610 of the Civil Code of the Russian Federation and is applied in the absence of rules on special deadlines in the text of the contract that apply when resolving such issues.

Andrey We rented an apartment with a contract. According to the agreement, there is a clause: “Notify the Landlord of the upcoming vacancy of the rented apartment at least 2 weeks in advance.” The following clause: When signing the contract, the Tenant pays the Landlord a month in advance, as well as a security deposit, which is returned to the Tenant when he leaves the apartment. Not a word about in case of violation of the clause on the date of the congress is indicated in the contract. The landlord did not pay the deposit in full, citing the fact that we violated this clause. Nikita Hello, the owner of the apartment does not want to return the deposit for the apartment, although I notified him about the move out a month in advance, he says read the contract, and it says that with a written warning the deposit is returned, and then it says that if you move out ahead of time, the deposit is not given (he drew up the contract himself) Will I be able to get my money back?

Larisa Good afternoon. Please tell me. We rent an apartment in Moscow. The contract was drawn up in full, with an inventory of the property, the amount of money being transferred, etc. The agreement was drawn up on December 22 and money for a month’s stay and half of the deposit were transferred on the same day. We moved into the apartment on January 12th. Now, due to changed working conditions, we are moving to another apartment. The hostess was warned as soon as they found out and explained that we would warn the same day as we found out ourselves, this was 2 weeks in advance. The contract states that they must give 4 notice, but our conditions are different and we haven’t even lived here for a month. Everything in the apartment is in perfect condition, both when we moved in and now. But the landlady refuses to give up the deposit and says that she will only give it back when the realtor finds new tenants and they move in here, and also demands that we leave the closet in the apartment that she picked out, but we paid our own money for it. Tell me what to do and where to go if the deposit is not returned? Alexey Greetings. The landlord refuses to return the deposit, blaming property damage. He attributes to us scratches and chips on the tiles that were there before we moved in, and also accuses us of partial damage to the countertops in the kitchen (he also noticed some scratches). The contract does not indicate that the kitchen set was new; people lived before us and used it the same way. We have the contract in our hands, as well as the keys to the apartment. All receipts from the landlord regarding receipt of payment for the apartment are available. Tell me, whose side will the court be on in such a situation? And is there any point in contacting a legal agency? Pavel The tenants refuse to return the deposit, they did not warn us two weeks in advance that they were moving out. There is no receipt, but the contract says “the deposit is specified.” Do I have the right to sue?

Tatyana What if the owner of the apartment, having a deposit in hand in the amount of a month's rent for the apartment and payment for the current month, the term of which has not yet expired, kicks out the tenants and does not return either the difference in payment or the deposit. Moreover, the owner of the apartment caused material, physical and moral damage to the tenant. What if the contract expired a year earlier, and the contract extension was verbal? Arthur Good afternoon. In such a case, according to the terms of the contract, the deposit must be returned without fail upon expiration of the rental period, provided that the tenant complies with specific clauses: 2.2 (not rent to third parties) and 3.3 (transfer the deposit to the lessor). The conditions are met, but the landlord does not want to return the deposit, citing clause 4.4 (notify one month in advance), although this clause is not specified in the conditions for returning the deposit. Who is right in this situation?

Is it possible to do without collateral?

It is unlikely that you will be able to find housing without a deposit in a short period of time, but there are still 10%-20% of property owners on the market who are willing to take a risk and let guests in on their word of honor. In this case, however, most apartments rented without a security deposit do not have high-quality renovation and furniture. However, many tenants are looking for just such a very budget option, which, by the way, is very suitable for long-term rental for those who have their own furniture and who still make repairs before moving in.

If you try, you can rent out housing without collateral, equipped with everything you need, but for this you need to use all your diplomatic skills. If the contract is certified by a notary, and the information is recorded in Rosreestr, it is easier to reach an agreement on the absence of a contribution. In any case, you should describe the property and draw up an acceptance certificate.

Time deposits and demand deposits

These are two completely different types of deposit programs. The product line of all banks includes demand deposits. These are simple accounts in which funds can be deposited indefinitely. There are no conditions, you can replenish your account as much as you like, withdraw money from it, or close the deposit completely. This is convenient, but the rate on such products is minimal and is usually 0.01% per annum. That is, in fact there is no profit.

Another option is a time deposit, which has restrictions on the period of placement of funds. Banks create a line of time deposit programs: classic, with and without replenishment, with the possibility of partial withdrawal. The yield will be much higher, from 4-5% per annum. Some banks offer from 6-7%.

A time deposit is usually opened for a minimum period of 1-6 months. Each bank has its own conditions, for example, Sberbank allows the conclusion of an agreement for at least 1 month. Time limits are usually 2-3 years.

Often the interest rate directly depends on the placement period. Typically, the maximum percentage is assigned when choosing “average terms”.

For example, here are the rates on a classic Sberbank deposit. It can be seen that the account is opened for a period of up to 3 years, but the maximum income will be established when concluding an agreement for 6-24 months:

Pledge and deposit: consonant words with different meanings

When renting residential real estate for a long time for the first time, many people unknowingly equate the concepts of “deposit” and “deposit”, although these are fundamentally different types of contributions. A deposit is paid in cases where, for example, after much effort, the desired apartment has been found, but there is still no full amount for the first payment, or the execution of the contract and the move must be postponed for a while. In this case, a certain amount is transferred to the owner against receipt, which will serve as a guarantee that the potential tenant will not change his mind, and the apartment will be rented out within the agreed period and for the specified period.

The deposit agreement is a contractual document (appendix)

, where the amount is written down and the address of the property for which the rent is paid, as well as passport information about the tenant, must be indicated. Once the contract is signed within the agreed period, the deposit becomes part of the rent. If this does not happen due to the inability or unwillingness of the tenant to rent housing, the landlord has every right to keep the money for himself.

According to the law, if the owner finds guests who are ready to move in immediately and pay more, he is obliged to return the deposit in double amount.

To avoid problems and misunderstandings, all the nuances of financial obligations and settlements must be recorded in the contract.

How is a security deposit different from a pledge?

What is a deposit when renting an apartment? This is a method of insuring possible risks of the owner, designed to reduce to zero or minimize monetary losses in the event of improper handling of the transferred property by residents.

A deposit is not a synonym or an analogue of a pledge. The latter is used as a guarantee that the parties will not refuse to enter into an agreement. For example, if the tenant changes his mind about renting the living space, the previously transferred deposit will remain with the owner. The second purpose of the deposit is to insure the owner in case of insolvency of the tenant.

The deposit amount is fixed; it does not depend on the price of furniture installed in the apartment or the cost of repairs made by the owner. It is transferred at the time of renting the property and is usually equal to one month's rent.

The landlord does not return the deposit - what to do?

It happens that all the requirements are met, the owner is warned in time about the need to look for new tenants, but there is reason to believe that he is trying by all means to avoid returning the deposit. He makes unscheduled visits to the apartment, finds fault with the smallest stains and abrasions, proves that the toilet tank worked much more efficiently, and the washing machine now does not turn on the first time.

Without proper preparation, it is difficult to resist this, but it is still worth extracting the contract, calmly arguing your position and declaring your readiness to involve a lawyer and file a claim in court.

In order to stock up on facts and evidence, you should take the time to briefly describe the condition of the apartment in the contract, inspect the property very carefully and take photos of obvious flaws, and also ask the owner of the home to certify these photos with his signature. If, after moving in, something previously unnoticed comes to light, you should not remain silent, but call the owner of the property for additional negotiations and reach new agreements. With such a serious approach, getting the amount back will be much easier. In situations where the property is really damaged, unfortunately, you will have to say goodbye to the money.

Obvious improvements made by tenants that were not to the landlord's taste often become a stumbling block.

To avoid this, all repair work must be coordinated in advance, and when changing, for example, a door handle, be sure to keep the same one.

If we are talking about a large amount

If you want to pick up cash at a cash desk, be sure to call the bank in advance and check whether you need to order the amount. It is not necessary to go to the office; information is provided by calling the hotline.

Usually an order is still required. The depositor will be asked when he plans to come, what day and time, and how much he will withdraw. On the specified day, by the specified time, the amount will be waiting at the cash register.

Withdrawal always occurs as standard, there is nothing complicated about it. You visit the bank with your passport and approach the manager. He draws up a document that the depositor, along with his passport, submits to the cash desk. He is immediately given cash.

conclusions

1. IIS with type A deduction allows you to return paid personal income tax.
2. The state returns no more than 52 thousand rubles for type A deductions.
3. Tax on some types of income cannot be refunded.
4. Tax on income from deposits is refundable under this scheme - if you paid it, of course.

Which investment tax deduction do you use and why?

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Special conditions for early termination of the deposit agreement

The above scheme is standard, used by most banks. But you can also find special conditions practiced in some financial institutions. For example, there may be some preferential conditions for performing this operation.

What is preferential termination of a deposit? In this case, the bank does not transfer the deposit to the Demand account, it simply reduces the current rate. For example, initially it was 5.4%. But under the terms of early termination, the bank tries on ⅔ of this rate, that is, 3.6% per annum. This is clearly better than 0.1%.

Preferential conditions for terminating a deposit agreement early are often applied to privileged clients.

If the program involves partial withdrawals, you can save the entire bet. Typically, such products are initially chosen by those who do not exclude that they may need money before the end of the deposit period.

Features of this procedure:

• the bank indicates the minimum balance that must remain in the account after partial withdrawal. That is, if we consider the question of whether it is possible to withdraw the entire deposit ahead of schedule, then no, this cannot be done without losses;
• There may be a condition that the money cannot be withdrawn before a certain date. For example, partial expenditure is allowed 3 months after the conclusion of the contract. If you withdraw earlier, the Demand rate will apply.

So, you can withdraw your deposit before the agreed date in any case. But under standard conditions, the investor will definitely suffer financial losses. Therefore, you should resort to the procedure only in extreme cases.

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about the author

Irina Rusanova - higher education at the International East European University in the direction of "Banking". Graduated with honors from the Russian Economic Institute named after G.V. Plekhanov with a major in Finance and Credit. Ten years of experience in leading Russian banks: Alfa-Bank, Renaissance Credit, Home Credit Bank, Delta Credit, ATB, Svyaznoy (closed). He is an analyst and expert of the Brobank service on banking and financial stability. [email protected]

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What about the income from the deposit?

Linda Kurkulite explains:

“Income received from foreign currency or ruble deposits in banks is currently included in the “general tax base,” which allows the application of an investment deduction of type A.”

But you still have to manage to pay the tax on income from deposits. Relatively speaking, if you have 50,000 rubles on your deposit and this is your only deposit, it will be useless to receive an investment deduction. After all, the state does not tax interest on small amounts.

What deposits are suitable for deductions? The tax service began to take into account the income of depositors in 2021. Personal income tax is paid only by those whose total interest on all deposits exceeds the assigned limit. It is calculated as the product of 1,000,000 rubles and the key rate as of January 1 of the year in which the interest was received. For example, on this date in 2021 it was 4.25%. Tax will be withheld from interest that exceeds 42,500 rubles. Let's say that from all your deposits you earned 60,000 rubles in a year, then from 60,000 - 42,500 = 17,500 rubles you will pay 13% personal income tax to the state.