Is it possible to rent an apartment without agents. How to rent an apartment without intermediaries and do it right? Rent from the owner, without realtors and agencies - what to look for? How to register the receipt of funds

Time is money. This expression becomes especially relevant when you urgently need to rent an apartment. In rather extreme conditions of haste, owners of private real estate often make a lot of mistakes and mistakes, which ultimately cost too much, and they cost not only money, but also spoiled nerves. In addition, empty living space requires standing payments, and therefore it is necessary to pass it already at least in order to overlap them.

Dear Readers! Our articles talk about typical ways of solving legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant form on the right or call the phones below. It's fast and free!

Very often, the owners leave apartments empty, simply because they do not know how and what to do, how to properly draw up the documentation and, in the end, just not to become a victim of ordinary scammers or unreliable tenants. Let's take a look at how to rent an apartment officially, what it gives and how to arrange everything correctly.

Official rental of private housing is the most optimal and profitable transaction from a legal point of view. In addition, this method of renting an apartment is the safest, first of all, for the owners themselves.

Benefits of legal renting an apartment

  1. There is no need to be afraid that the tenant will do no one knows what with her and will not run away without paying for accommodation and utilities. So in a simple way you can exclude the possibility of a scam with your property.
  2. Surrender to acquaintances or relatives is not the best option by signing a verbal agreement. The only plus is that you will know the people who live in your apartment. But, if renting an apartment for you is, first of all, getting a good passive income, then it is better to find unfamiliar tenants and make a deal at a decent price and in accordance with all the rules.
  3. This method helps to foresee as much as possible all future expenses for an apartment, including even paying for telephone calls from residents. The formal lease includes all the payment clauses and responsibilities of both parties.
  4. In addition, you can be sure that there will be no problems with the tax office, and you will not be held liable for concealing profits.

What documents are needed to complete the contract?

Execution of a lease agreement for an apartment does not require the collection of a large package of documents and various certificates, as, for example, for its purchase. The standard set includes the presence of such mandatory documents as:

  • Certificate of ownership of housing in the event or an agreement that confirms the right to its property (for example, it can be a purchase and sale agreement or a Gift agreement);
  • List of all registered in the apartment (extract from the personal account in the housing office);
  • Notarized consent for rent from all apartment owners, if there are several. In addition, they must be present in the process of concluding a contract. This fact can save you from various future problems that may arise when the co-owners of the apartment intervene if they do not agree with its rent.

The tenant must provide a passport.

Lease agreement: what is it for and what should be written in it?

An apartment rental agreement is an official document that confirms the fact of a legal lease of real estate and contains all information about the transaction, its terms and conditions, as well as guarantees and obligations of both parties. It is concluded between two parties: the landlord and the tenant. This is an important part of the question of how to rent out an apartment correctly.

Today, there are two types of property lease agreements.

  1. Employment agreement. It consists in cases when you rent an apartment to an individual (Chapter 35 of the Civil Code of the Russian Federation). This type of contract is not subject to mandatory registration, regardless of the length of its term.
  2. Lease contract. Necessary to conclude a transaction with legal entities (Chapter 34 of the Civil Code of the Russian Federation). Registration is required if it is concluded for a period of 1 year or more.

The importance of a formal rental agreement cannot be overemphasized. The obligatory presence of such a document will make your life ten times easier, save a lot of money and nerves in the future. So it is important to pay maximum attention to it when designing.

The absence of a contract is an unjustified risk for the lessor and there are many reasons for this, for example:

  1. You will not be able to "sue" debts if suddenly you are "lucky" with unreliable tenants who do not pay rent and utility bills.
  2. In addition, it will be impossible to recover damaged property or theft of personal belongings, which is quite common in practice.
  3. It is trite, but even in the police, no one will accept your statement about problems with tenants, if there is no official lease agreement, which confirms the fact of renting out housing.
  4. If the new tenants flood the neighbors or cause them other damage, then you will certainly have to reimburse.

What information must be recorded in the contract without fail:

  • the amount of the monthly rental payment,
  • payment terms, up to date and time,
  • the use of the personal property of the owners of the apartment, what and to what extent is allowed,
  • payment of all utility costs, size and amount, information about who will pay them - the tenant or the landlord, this will help to avoid many conflicts in the future,
  • obligatory exact time and the procedure for checking a rented apartment and property in it by the owners of the housing,
  • information on the privatization of housing, its owners is indicated,
  • the number of future tenants is necessarily indicated,
  • the procedure for refunding funds in case of non-payment, as well as the procedure for reimbursing possible material losses to the lessor in cases of illegal actions of the tenants,
  • additional agreements that do not contradict the legislation, but are important for both parties.

As a mandatory annex to the contract, there must be an act of acceptance and transfer of personal property of the owner of the apartment, which indicates the fact of the transfer of the apartment and all the property in it. Thanks to the use of such a document, all kinds of risks of damage to both housing and all your belongings during the residence of residents are significantly reduced.

Of course, even if an agreement is concluded, both parties have certain risks. The tenant has the right to know and must be sure that you have the official right to rent out the housing, as well as that there are no unpleasant problems with the apartment, that all utility bills have been paid and there are no debts for it. All this information is honestly negotiated in advance, after which it is mandatory specified in the contract upon conclusion. The tenant is obliged to confirm that he is familiar with the information about the accommodation and has no claims.

As an additional important information, the contract may contain data confirming the solvency of the employers (for example, a certificate from the place of work, which indicates the names and phone numbers of contact persons who can confirm the information provided by the tenant).

A separate item states that this apartment has not been leased to anyone else, that it is "clean". You should not be limited to certain standard phrases, it is important to specify in as much detail as possible all information about housing and property in it, as well as all oral agreements with the tenant. In this case, both parties to the transaction will be able to avoid possible unpleasant consequences, or protect their rights in cases of illegal actions of the other party.

Transfer of money to pay rent

The final and most important stage of the transaction is the transfer of money. It is important to take it as seriously as possible. Today, there are several ways to carry out this procedure:

  1. Hand to hand- the easiest and fastest way. But it may not always be convenient for both parties, since it is necessary to find time to carry out this process. Often, no one, for the other side, can donate such time, especially if it happens during the day. The explanation is simple - often during the day people are at their workplaces. If funds are transferred in cash, be sure to conclude an act of acceptance and transfer of money, or write a receipt with the specified amount, date, payment period and signature.
  2. Using various non-cash accounts, for which, within a certain period of time, tenants transfer rent for housing. In this case, it is important for the tenant to keep all receipts.

Absolutely all payment manipulations are carried out on the basis of the concluded agreement and cannot be changed unilaterally. Both parties must follow the pre-agreed terms of the transaction. If this is a transfer of money from hand to hand or to authorized persons, then it is imperative to provide documents that confirm the existence of a power of attorney. Broadcast Money through banking institutions by crediting to the account simplifies the whole process several times. Moreover, the fact of the transfer of money, if all receipts are kept, is practically impossible to dispute or deny.

There are no trifles in such an important matter. Any little thing can play a cruel joke with you and be very expensive. This means that personal reinsurance is always much better and more expedient than a loan of trust to unfamiliar people.

What is the correct way to pay state taxes for renting real estate?

If you are interested in how to rent out an apartment officially, then you should also know about paying taxes. In practice, different methods of renting apartments are used in Russia, and they are not always supported by law. Renting out housing property without paying taxes is a reality, not a fiction. According to statistics, about 60% of owners who independently rent their homes do not pay taxes to the state. As a rule, this option is fraught with unpleasant consequences and problems with the relevant government agencies.

Most often, a banal situation occurs - it is the neighbors of such tenants who give out dishonest "businessmen", usually this happens when housing is rented by someone who does not understand and in the event of hooligan behavior at night. Naturally, neighbors begin to complain and unofficial rent with unpaid taxes floats out.

There is a way to rent an apartment officially and not pay taxes by contacting intermediaries in the person of real estate agencies. But in this case, the lion's share of the profit goes to them. It is more profitable to do everything yourself and according to the law. But how?

According to the law, real estate can be leased by persons who are engaged in private entrepreneurial activity and persons without registration as an entrepreneur (in accordance with the norms of the Tax Code).

In this case, the object of taxation is determined by calculation rent, which is indicated in advance in the official contract between the landlord and the tenant of the living space. Real estate rental tax is provided in the mandatory rate 13% of the income received from the rental of property... This income, as a rule, is called the amount previously prescribed in the official contract and paid to the owner.

In some cases, the interest rate is 17% of the excess amount, taking into account all previously stipulated taxes: if the total amount of income received by the taxpayer for the last reporting month exceeds the minimum wage tenfold.

How does this process take place in practice?

The owner of the apartment, who is also the landlord, at the end of the year independently submits a tax return of an individual (form 3-NDFL). This declaration is submitted to the tax inspection authorities at the place of direct entrepreneurial activity. Otherwise, the completed declaration is submitted at the location of the property.

After some time, a receipt arrives in the mailbox, which must be paid. The deadline for filing a tax return and payment of tax for the past year is April 30 of the new year.

You can register a private enterprise for activities related to the rental of real estate. This will greatly simplify the entire scheme of paying taxes on income. To do this, it is necessary to register a business entity - an individual or an individual entrepreneur. The easiest way is to issue an individual entrepreneur and pay 6% of the profit under the simplified taxation system.

Possible difficulties in completing the transaction

Real estate lease transactions do not always go smoothly and quickly. In order not to learn from your own bitter experience, you can simply take note of the typical mistakes that are very often made during registration:

  1. When concluding a contract, it is better to prescribe the lease term immediately. And if it exceeds 12 months, then it must be registered with the Federal Registration Service. In this case, the amount of the state fee is paid by the tenant, and the lease is registered to its owner. Such an agreement acquires full legal force and can act as an official document in cases of resolving various disputable and conflict situations.
  2. To avoid various unpleasant situations in the process of renting out housing, it is important to independently control the entire process. In addition, do not be lazy and ask future tenants for as much information as possible. It is also advisable to check it for reliability, for example, call the work and make sure that such a person really works there.
  3. Serious attitude to any trifles in this serious matter is a guarantee of avoiding possible problems. Therefore, the favorable outcome of the transaction and the receipt of future profits in full without unnecessary losses depend on your responsibility and awareness.

In newspapers, you can often find ads with the following content: "Rent an apartment without intermediaries", "Rent a house without an agency" or "Renting out apartments from the owner." What does this mean and what do their submitters mean?

To save time and money, many owners prefer to contact realtors. Such a decision is often based on the desire not only to rent out housing as soon as possible, but also to find a responsible and conscientious tenant.

As practice shows, the help of an agent does not always guarantee a quick conclusion of the deal and the selection of a tenant that will meet the owner's requirements.

Important! that when concluding a transaction with a realtor, the client will have to pay him a commission, and this is from 50 to 100% of the cost of housing. Not every applicant will agree to such conditions, which means that some of the potential tenants will be eliminated.

For the same reason, many people are looking for housing from the owner, so as not to overpay for concluding an agreement with a realtor. You can rent and rent an apartment without intermediaries. And the main task of the owner is to find such a person.

Many owners naively believe that only the contract that the agencies draw up is legally binding. Therefore, in order to protect themselves and their property, they make a deal with a realtor. but an agreement executed without the participation of an intermediary has the same force as a document from an agent. This means that you can rent an apartment without an agency and you can conclude a contract yourself.

Where to begin?

The transaction process consists of several stages. To quickly find a client, you need to pay maximum attention to each step.

Determining the amount of rent

Renting an apartment from the owner begins with setting the price of a monthly payment. Many owners, wishing to lease their property profitably, overcharge the price too much. As a result, the announcement of the renting of housing hangs for months.

To determine the optimal market price, several factors must be taken into account:


Before you rent out an apartment without intermediaries, it will not be superfluous to find out about similar price offers on the Internet.

You can see how much similar objects are rented out on the websites of agencies in your city or on the website avito.ru.

If, when analyzing your living space, you come to the conclusion that the rental price will be low, you can improve the quality of housing. For example, make cosmetic repairs or buy missing appliances and furniture. As a rule, such investments pay off quickly enough - in 1-2 months.

How and where to find clients?

Before renting out an apartment without agents, you need to decide for yourself: who do you consider as a potential tenant? Women, men, couples, foreigners, residents with children and pets?

If it is important for you who will live in your territory, then this must be indicated in the ad.

You can search for clients through friends and relatives. Let them know that you want to rent the apartment without realtors and indicate the price. This option is the safest for the owners, since responsible and conscientious people are most often found by acquaintance.

The most effective way to find a tenant is to submit ads to online resources such as avito.ru or iir.ru.

To quickly find interested people, your ad must be detailed. It is important to describe all the characteristics of the object:

  • address (just indicate the street);
  • total area;
  • her condition;
  • availability of furniture and equipment;
  • price;
  • your phone number for communication.

It is advisable to accompany the text with detailed photographs of all rooms so that the client has fewer questions during the negotiations.

If the apartment has low utility bills, then this is one of the advantages of your offer, so it must also be indicated in the ad.

We figured out how to rent out an apartment without intermediaries, but now let's talk in more detail about the very conclusion of the contract.

How to conclude a contract?

To rent an apartment on your own you need to find a sample contract and print it in duplicate. One remains with the owner, the other with the tenant.

Competent execution and consideration of all the nuances in the content of the contract is a guarantee of the security of the property and property of the owner. So, what needs to be specified in the agreement:

  • date;
  • data of both parties, namely: name, date of birth, passport series and number, registration and place of actual residence;
  • subject of the agreement: name of real estate (apartment), its address, area, condition;
  • the cost of the monthly payment and the procedure for its transfer;
  • an indication of the obligation to pay utility bills. What these costs will fall on - the owner or the tenant;
  • payment period;
  • responsibilities for the repair and elimination of malfunctions of furniture and equipment;
  • lease term;
  • an indication of the persons who will still live in this apartment (if any);
  • rights and obligations of the parties;
  • penalties for non-compliance with obligations;
  • conditions under which one of the parties can terminate the agreement.

In order to rent out the apartment yourself and secure the property, it is also recommended to prescribe that the tenant is unable to sublet the apartment.

For the safety of property (household appliances, furniture, etc.), it is advisable to draw up an inventory in which to list everything of value that is in the apartment. You also need to indicate the state of the listed things. In the application, you can prescribe compensation and its size in case of loss or damage to certain items and equipment.

The documents

When concluding a rental agreement, the owner must provide a passport and a certificate of ownership of real estate.

Particularly experienced tenants may require the presence of all people who have a stake in a given area at the conclusion of a transaction in order to exclude dissatisfaction from other equity holders.

It is enough for the tenant to provide a passport.

IMPORTANT! If another person has the right to own real estate, then his consent will be required in the form of a written power of attorney or personal presence.

Do I have to pay taxes?

In accordance with paragraph 1, Art. 208 of the Tax Code of the Russian Federation, profit received from the lease of real estate is taxed. However, there are some nuances here. An agreement concluded for 11 months does not need to be registered with Rosreestr, which means that taxes are also not required to be paid.

If the document is signed for a period of one year or more, then it is subject to registration. During registration, data may fall into the tax office, as a result, it will no longer be possible to hide your income. The tax office must submit a declaration of income from real estate. The amount is paid once a year and is 13% of the profit.

If you own a lot of real estate that you rent out, then it is better to register yourself as a legal entity. In this case, the tax will be significantly lower than that of an individual. There are also disadvantages - you have to keep accounting, make pension contributions and open an account.

What is the correct way to rent an apartment without intermediaries?

The most common mistakes of owners:

Thus, it is quite possible to rent an apartment on your own without the participation of third parties. The main thing is to deliver an adequate cost, find a bona fide client and draw up a detailed contract.

Investments in index funds, purchase of high-yield shares, cashback from operations with credit cards- all this is a source of passive income. This list can be continued with one of the simplest and most popular ways of inert earnings that allows you to profit from the use of personal real estate - renting out housing. How to rent out an apartment correctly without involving real estate companies and how to formalize an agreement without getting into trouble with the law - read on.

Only a few steps will separate the landlord from placing an advertisement to handing over the keys to the client, but each of them must be carefully thought out, especially when it comes to drawing up and registering a contract, as well as paying taxes.

Step 1. Preparing the premises

First of all, you should check the apartment for problems and, if necessary, fix them. Particular attention should be paid to the following points:

  • serviceability of locks and doors;
  • reliability of plumbing;
  • the appearance of furniture and windows.

The optimal must-have set should consist of a wardrobe, several beds or a large double bed and a kitchenette. It is not necessary that the furnishings be furnished in accordance with feng shui, however, old, shabby interior items will not delight potential tenants. It is advisable to get rid of everything dilapidated, in addition, empty rooms can arouse the interest of tenants who are going to move with a lot of things. The condition of the apartment will determine not only its cost, but also the contingent of tenants: solvent clients prefer comfortable conditions.

It will be advisable to carry out cosmetic repairs, which will significantly refresh the atmosphere. If this is not necessary, you can limit yourself to general cleaning.

Step 2. Determination of cost

With the help of information in specialized publications and the Internet, it is not difficult to find out the average cost of a room, based on which you can set your own. The determining factors in pricing are:

  1. Location: noisy central part of the city or commuter rail- each district has its own target audience, but the center is always more expensive.
  2. Area: with an increase in the number of square meters, the cost of rent will increase.
  3. The condition of the apartment, furniture, equipment and household appliances: fresh renovation and good "filling" of the premises will help the landlord to receive excellent compensation for the premises provided.
  4. Infrastructure: availability of schools, kindergartens, fitness centers, pharmacies and shopping centers in the immediate vicinity of the house will be an excellent bonus influencing the formation of the price.

Transport interchange also plays an important role: proximity to the metro significantly speeds up the process of renting out premises.

Step 3. Search for clients

So that the room does not stand idle for a long time, it is advisable to place information about it in all possible sources. The most popular are the following:

  1. Printed publications, Internet bulletin boards and special groups in social networks... This method is the most popular, since it involves a large percentage of the target audience, but you should be prepared for a large number of calls, including from realtors offering the conclusion of a mediation agreement. Clients can also be searched for independently, through the publications they post about the intention to rent a house.
  2. Word of mouth. After notifying relatives and friends about an empty apartment, feedback can be obtained as soon as possible. The main advantage of this option is that the tenant will have recommendations from friends. This is also its main drawback: he can apply for a reduction in rent or a delay in rent.

Information to be listed in the ad:

  • area of ​​the room;
  • price;
  • the presence of furniture and household appliances;
  • remoteness from the traffic intersection.

The message should not be cumbersome: a capacious and concise message will quickly interest the client than a detailed description.

At the end of the note, it is advisable to indicate whether it is allowed to live with pets or whether smoking is allowed in the room, as well as preferences regarding the clientele: married couples or students, for example.

Sometimes you can see advertisements posted at bus stops or in entrances. This method is rather dubious, since it is unlikely to interest a worthy tenant, moreover, it is fraught with prosecution for an administrative offense.

Step 4. Showing the apartment

At this stage, it is important to competently and openly answer all the questions posed. You should be prepared for the fact that potential residents will check the work of plumbing and household appliances, and will also be asked to show title documents.

The more detailed the room will be demonstrated, the more chances for a successful conclusion of the deal.

Before inviting tenants, it is advisable to do the following:

  • do wet cleaning;
  • arrange ventilation;
  • if necessary, screw in new bulbs;
  • inspect the state of technology.

If the client liked the apartment, explain to him the terms of the lease in as much detail as possible so that at the stage of drawing up the contract there would be no misunderstandings.

Step 5. Assessment of the client's solvency

Decency and financial solvency are the defining criteria when choosing future tenants. Irresponsible tenants can cause significant material damage within 1 month, which, in the case of poorly formulated contract terms, will have to be compensated for by the landlord. During communication, you need to pay attention to a number of important points:

  1. The manner of negotiating... In the course of a telephone conversation, there is an opportunity to make many useful observations: the client may not have linguistic literacy, but it is desirable that there is a culture of speech. On these grounds, a person can be attributed to a certain social stratum and, if necessary, stop further communication.
  2. Appearance... At a personal meeting, you can supplement the impression of a person, based on the degree of his neatness. Neat, tasteful clothing can tell both about income and character traits. However, you should not place a bet based solely on this criterion, since appearances can be deceiving. Many women, for example, tend to be somewhat deliberate in the choice of wardrobe items, while most of the stronger sex prefer moderation and simplicity.
  3. Place of work... It would be appropriate to tactfully ask for a business card or inquire about the occupation of the tenant. Based on the chosen profession, you can try to determine the level of income and the possibility of timely payment of rent.
  4. Planned rental period... The long-term perspective inspires more confidence than the short-term rental of premises.

As a rule, demand for rent prevails over supply, so a large number of people of different age categories and classes will apply.

Conditionally, potential tenants can be divided into several groups:

  1. Close circle... Friends, relatives, as well as their acquaintances are considered the best option.
  2. Couples. A good choice because families prefer long-term cooperation, especially if they have children who need to attend school or kindergarten. Parents, as a rule, protect their child from frequent changes of institutions of this kind, respectively, they avoid frequent moving.
  3. Commonly married couples... This type of tenant is not stable, as there is a high likelihood of breaking up illegal relations and eviction from the apartment.
  4. Students... As a rule, students in universities are accommodated by several people in order to save money. Landlords give preference to girls, relying on their cleanliness and thriftiness, reluctantly letting young people into the apartment, who at this age are characterized by excessive craving for parties. Although, of course, this is a stereotype, and you need to make a decision in each case.
  5. Newcomers... Approximately 50% of clients are from other cities or countries. Mostly these are people who have come to work or study. Many apartment owners have a wary attitude towards foreign citizens, especially towards immigrants from Central Asia, since practice shows that instead of the agreed one or two people live a much larger number.

However, many foreigners work in prestigious, high-paying companies, and are often more attractive tenants than residents of the periphery, for example.

Step 6. Preparation of documents

This stage is one of the most critical. To prevent a lot of undesirable moments, you need to draw up a lease agreement, so it is advisable to start preparing all the necessary papers in advance.

For a privatized premises, you will need the following package:

  • title document for an apartment that will be rented out;

Since 2017, an extract from the USRN acts as this document. Registration certificates have been abolished and have not been issued since mid-2016.There are 7 types of such certificates: to conclude a contract, you will need one that contains specifications object and registered rights to it.

  • identity documents;
  • paid receipts for utility bills.

If persons who are not the owners of the apartment are registered in the apartment, their written consent must be obtained.

If the premise is municipal, for its delivery you will additionally need a permit from the municipal authorities, which can be obtained from the Property Management Department. You should write a corresponding statement and attach to it the written consent of all residents registered at this address, indicating their passport data.

Step 7. Conclusion of a lease agreement

Any owner who leases his property is obliged to enter into a contractual relationship with the tenant.

If the tenant is an individual, you need to draw up a lease agreement, if a legal entity - a lease agreement.

It is allowed to conclude a contract of employment with a term not exceeding 5 years. If the temporary lease duration is not specified, it is automatically set to 5 years. The lease agreement can be concluded for any period. The contract, drawn up for 1 year or less, is short-term, the lease term in it must be prescribed without fail. All other contracts are long term.

Make the necessary additions to these samples that will suit both parties.

Table 1. Key points that are important to provide in the contract

Contract clauseContent
Basis of the contractDesignate the document on the basis of which the right to dispose of the apartment was issued
Payment schedule and methodIndicate the date of payment and method: cash or bank transfer. If the second option is used, enter the bank details of the landlord
Refund of the security depositExperts advise not to consider the deposit as payment for the last month of residence. It will be more practical to return this amount after checking the apartment on the day of the departure of the tenants
Payment of utility billsThe contract must indicate which of the parties is responsible for their payment
Frequency of apartment inspectionsNegotiate a frequency of checks that is acceptable to both parties
Termination procedureA separate point to designate the period during which the parties must notify each other of the termination of the contractual relationship
Liability of the parties in the event of damage to the property of the lessorIt is advisable to indicate which of the parties to the agreement must compensate for the damage to the property in the apartment
Rules of behaviorIf smoking or living with pets is unacceptable, it would be advisable to prescribe such wishes in the contract
Possibility of repairTo stipulate in what cases it is permissible to carry out repairs and which of the parties is financially responsible for the purchase of materials and payment for the services of the craftsmen

An annex to the contract must be an act of acceptance and transfer, in which it is necessary to list in as much detail as possible all the furniture and appliances in the apartment, and indicate its condition.

After all the legal nuances have been settled, an agreement has been signed and the keys to the apartment have been handed over, the tenants should be informed about the rules for using the equipment, accounting for meter readings, and also provide the phones of service organizations.

In legal practice, there is a contract free use... The peculiarities of its use are laid down in the name itself: officially the landlord, or rather the lender, does not receive monetary compensation for the premises provided. However, this does not negate the payment of utility bills and other living costs by the borrower.

A contract of this type can be concluded if it is necessary to formalize contractual relations with relatives or acquaintances who live in the apartment for free. In addition, such a measure will help prevent situations in which charges of illegal renting out of housing may be brought.

The lease or lease agreement should not be replaced by such a contract in order to avoid paying taxes, since it is not possible to demand rent from tenants on the basis of this document.

Step 9. Registration of the contract

An agreement concluded for a period of up to 1 year is considered short-term and is not subject to registration. Since 2014, a long-term agreement must be registered within 1 month after its signing.

The tax office does not register such documents, it only accepts income declarations.

To carry out this procedure, you must:

  • pay the state duty: for individuals, an amount of 2,000 is provided, and for legal entities - 22,000 rubles;
  • to write an application;
  • provide one copy of the contract and an identity document.

When submitting documents, the presence of both parties is required. If the premises are owned by several people, it is necessary to show their notarized consent.

When the contract expires, the tenant has a pre-emptive right to lease the premises over other bidders. If the landlord decides to continue renting the apartment, first of all, he should ask the existing tenant about his intention to continue cooperation. When renewing the contract, it is allowed to change the previous conditions.

To remove the encumbrance imposed on the property during the registration of the contract, you should submit an application to Rosreestr. Automatically, with the end of the contract, it is not removed.

Step 10. Pay taxes

Renting out real estate is considered a business activity, the profit from which is taxed.

According to the law, if the owner of the apartment is a legal entity, it must pay a tax of 13% of the monthly payment from the rent. If the premises are rented by an individual, this function is under the responsibility of the landlord.

Features of tax payment:

  • for individuals: 13% of the monthly payment amount;
  • for individual entrepreneurs: 6% with simplified taxation system.

Option 1 is the least burdensome.

The declaration of income in the form of 3-NDFL for the past year must be submitted by April 30, and paid by July 15 current year... You should be prepared that the inspector can request documents confirming the source of income. For this purpose, a notarized copy of the lease or lease agreement can be provided, in which the amount of the monthly payment is fixed, as well as copies of receipts of money.

Calculation formula: rent amount * 12 months * 13%. Suppose a landlord rents out real estate for 100,000 rubles per month, his annual income is 1,200,000 rubles per year, respectively, the amount of income tax will be 156,000 rubles.

If the renting of an apartment is carried out constantly, it is advisable to register an individual entrepreneur indicating the type of activity "Renting out own residential real estate". However, such an event is fraught with the emergence of additional responsibilities, such as maintaining a ledger of income and expenses, as well as the cost of paying contributions to the Pension Fund and the FMS.

Read about how to open an IP, c. Detailed step-by-step instructions, samples required documents and a complete list of papers that need to be submitted to government agencies.

An individual entrepreneur can choose the following taxation options:

  1. STS with a rate of 6% of all profits + payment of insurance premiums, which are an annual payment. Calculation scheme: the cost of rent * 12 months * 6% + 27,990 rubles (individual entrepreneur insurance premium in 2017) + 1% of profit over 300,000 rubles.
  2. Use of the patent taxation system for individual entrepreneurs within the framework of the simplified tax system. Calculation scheme: patent value + 50% of the insurance premium.

The cost of the patent is calculated on the basis of the amount of the estimated income from the rental of real estate indicated by the regional law. These indicators are determined separately for each region.

Practice shows that if the profit received from the rental of real estate exceeds 50,000 rubles, it makes sense to use an individual entrepreneur based on a patent. However, this option is acceptable only if the owner of the apartment is sure of the seriousness of the tenants' intentions. It is important to make sure that the contract is not terminated within a year, as a paid patent is non-refundable.

On the basis of written evidence in the form of receipts, which indicate the fact of the transfer of money, or audio recordings, the judicial authority may decide on an administrative penalty.

To bring the lessor to criminal liability, you must provide evidence of intentional concealment of profits, or the amount of unpaid tax must exceed 100,000 rubles.

Owners who rent out apartments to foreign citizens are at risk, since data on their location is contained in the Federal Migration Service, which has recently provided all possible assistance to tax inspectors.

Penalties:

  1. Forced payment.
  2. Withholding a penalty in the amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation for each day of non-payment.
  3. A penalty of 5% of the monthly tax amount.
  4. Penalty for failure to comply with the payment deadline in the amount of 20% of the unpaid amount.
  5. Criminal liability for tax evasion on an especially large scale, involving imprisonment for 1 year or the payment of an amount from 100,000 to 300,000 rubles, depending on the amount of non-payment.

As a rule, these measures, with the exception of criminal liability, are applied in a comprehensive manner.

Not only tenants, but also overly responsible neighbors can inform tax inspectors about tax evasion. However, it is rather difficult to prove the fact of receiving money for rent, besides, employees of the Federal Tax Service are not allowed to enter an apartment without the consent of its owner.

Despite all the seeming attractiveness of renting an apartment without official registration of a lease agreement, such a measure can protect against non-payment of rent by tenants and many other nuances associated with their residence.

How to rent an apartment for rent

This option to profit from vacant properties has always been very popular because it is more profitable than long-term rentals. The income from the daily rent of housing is several times higher than the monthly income. In addition, from the client's point of view, renting an apartment for one day is much more profitable than staying in a hotel. Experts studying this issue believe that over time, this business can pose a significant threat to small hotels and hostels.

List of conditions and items required to ensure comfortable conditions:

  • convenient location of the apartment;
  • fresh renovation;
  • serviceable plumbing and household appliances;
  • plate;
  • ironing board and iron;
  • bed linen and towels;
  • wireless Internet.

The number of additional options, such as a washing machine, for example, will have a positive effect on the rental price.

Daily rent, with all the indisputable advantages, still has a number of disadvantages:

Disadvantage 1. Insecurity... This type of earnings is less stable, since the apartment may be unclaimed for a long period of time. This type of business is characterized by a certain seasonality: for resort cities, for example, in the cold season comes the off season.

Typically within 1 month daily rent takes 15 to 20 days. A month is considered successful if the premises have been used for at least 25 days.

Disadvantage 2. Doubtful clientele. The contingent that prefers this type of lease is usually diverse. There is a risk of frequent parties and noisy events.

To avoid such misunderstandings, married couples should be preferred.

Disadvantage 2. The need for constant cleaning of the premises... The apartment will have to be cleaned regularly, monitored the state of technology and changed bedding.

It is advisable to take a deposit from the tenants when checking in, so that in case of damage to property, this amount can compensate for the damaged things. As a guarantee of payment, you must conclude a daily rental agreement with the tenant.

In order to increase the demand for an apartment, you can open an individual entrepreneur and purchase a cash register. This measure will attract business travelers, who will need documents confirming their stay in the apartment for reporting.

Video - How to rent an apartment

“Pay your taxes and sleep well,” is a slogan that regularly reminds you of the need to deduct a certain amount from your income to the state. Renting an apartment is also tax-deductible. If you fail to pay, you will face a considerable fine. It is necessary to pay taxes for apartments for rent annually. By April 30, you must visit the inspector, fill out a declaration and pay the required amount. After that, you can be free for a year. You can also apply for an individual entrepreneur, after which the tax will be less for you.

If you rent luxury housing (more than 85 thousand) or several apartments, it makes sense to buy a patent for this.

Where to look for tenants

The key to successful renting out of an apartment is the right tenants. You can find those both on your own and with the help of real estate agencies. Decide who you would like to host: whether it will be a single girl, a married couple, or a group of students. If you have a good renovation and light furniture, agree in advance whether you agree to let tenants with small children and animals. Don't rely solely on the agent, meet up with prospective tenants in person and make sure you trust these people.

At least in the first months, visit the tenants to make sure they are clean and do not intend to destroy your property.

How to draw up a contract correctly

The agreement between the tenant and the landlord is a guarantee that the relationship of both parties will be honest and fruitful. You can find examples of drafting a contract on the Internet, but remember that you can reflect in the document whatever comes to your mind. Indicate the condition of the apartment, furniture and other property that is in it so that dishonest tenants do not try to pocket your washing machine and silver spoons. Describe the requirements for tenants: for example, do not make noise after eleven and warn if guests will come to them. In turn, your tenants may also be asked to add some items that will protect them and their property.

Pledge

Before renting out your home, ask the tenants to leave some amount as a deposit (it can be equal to the cost per month). In the event that unscrupulous tenants move out, leaving the apartment in an inadequate condition, using the deposit, you can give the housing an acceptable look.

Many people are faced with the search for rental housing. These are students who have broken away from their parents, newlyweds entering a new family life, business travelers looking for an apartment or a room for a few days, and many others. Few of the applicants manage to quickly find housing that will fully meet all the requirements. Finding an apartment often takes a lot of time.

Did you like the article? Share it
Up