Russian legislation does not prohibit the conclusion of a lease agreement between an individual entrepreneur and the founder of the company, who is the spouse of this individual entrepreneur. However, such an agreement cannot be free of charge.
According to paragraph 1 of Art. 421 of the Civil Code of the Russian Federation, citizens and legal entities are free to enter into an agreement. At the same time, the content of the corresponding terms of the contract may be prescribed by law or other legal acts (clause 4 of Article 421 of the Civil Code of the Russian Federation).
So, in accordance with Art. 606 of the Civil Code of the Russian Federation, under a lease agreement (property lease), the lessor (lessor) undertakes to provide the lessee (tenant) with property for a fee for temporary possession and use or for temporary use.
Clause 1 of Art. 614 of the Civil Code of the Russian Federation provides for the obligation of the tenant to promptly pay payment for the use of property - rent, the procedure, conditions and terms for payment of which are determined by the lease agreement.
Based on the above-mentioned provisions of the law, an unambiguous conclusion should be made that the lease agreement cannot be gratuitous.
At the same time, according to paragraph 2 of Art. 614 of the Civil Code of the Russian Federation, payment of rent is allowed not only in cash, but also in the form of:
An established share of products, fruits or income received as a result of the use of leased property;
Provision of certain services by the tenant;
Transfer by the lessee to the lessor of the thing stipulated by the contract for ownership or lease;
Assignment to the tenant of the contractual costs for improving the leased property.
Thus, if you do not want to formalize the rental relationship through cash payment, you have the right to stipulate in the agreement, for example, that the tenant, as payment under the agreement, undertakes to improve the premises he rents, i.e. make repairs.
In addition, I draw your attention to the fact that Russian legislation provides for such a type of civil law agreement as a gratuitous use agreement (loan agreement), which can also be concluded for the purpose of formalizing the relationship you described with your spouse.
Under an agreement for gratuitous use (loan agreement), one party (the lender) undertakes to transfer or transfers an item for gratuitous temporary use to the other party (the borrower), and the latter undertakes to return the same item in the condition in which it received it, taking into account normal wear and tear or in the condition stipulated by the contract (clause 1 of Article 689 of the Civil Code of the Russian Federation).
Clause 2 of Art. 690 of the Civil Code of the Russian Federation provides for some restrictions when a commercial organization cannot act as a lender. Thus, a commercial organization does not have the right to transfer property for free use to a person who is its founder, participant, manager, or member of its management or control bodies. The law does not provide for any other restrictions.
So, the main difference between a gratuitous use agreement and a lease agreement is its gratuitousness. Consequently, under this agreement, the borrower does not have to pay the lender for the premises occupied and used by him.
In addition, the agreement for gratuitous use is not subject to state registration in the manner established by Federal Law No. 122-FZ of July 21, 1997 “On state registration of rights to real estate and transactions with it.”
I draw your attention to the fact that transactions between legal entities and citizens must be concluded in writing (Clause 1, Article 161 of the Civil Code of the Russian Federation). At the same time, entrepreneurs are subject to the rules of the Civil Code of the Russian Federation provided for legal entities. In accordance with paragraph 3 of Art. 23 of the Civil Code of the Russian Federation, the rules of the Civil Code of the Russian Federation, which regulate the activities of legal entities that are commercial organizations, are applied to entrepreneurial activities of citizens carried out without forming a legal entity, unless otherwise follows from the law, other legal acts or the essence of the legal relationship. Thus, if one of the parties to a gratuitous use agreement is an individual entrepreneur, such an agreement, under penalty of invalidity, must also be concluded in simple written form.
To summarize, it should be noted that concluding a lease agreement between entrepreneurial spouses is not contrary to the law. This conclusion is confirmed by the norms of legislation, as well as judicial practice (for example, the decision of the Eleventh Arbitration Court of Appeal dated March 26, 2015 No. 11AP-502/2015 in case No. A55-20273/2014).
Many apartment owners ask the question: “How much does it cost to rent out an apartment?” You must determine the amount you want to receive from tenants for yourself. Utilities must be paid separately. You must determine the payment amount based on the rooms in your apartment. If it is a one-room apartment and there are no renovations and modern household appliances or none at all, then the amount will be small. And if the apartment is two-room with furniture, household appliances and good repairs, then it is better to discuss the payment amount with the agency.
-timely payment
-cleanliness 
It is more profitable to rent out an apartment by the day or by the hour.
How to rent out an apartment
But the requirement for this type of apartment rental is the mandatory presence of household appliances (refrigerator, microwave oven, washing machine, water heating tank), all required furniture (tables, chairs, bedside tables and cabinets) and the availability of hot water. Some apartments, which are rented by the hour or daily, also have a jacuzzi or shower for greater convenience. Payment for this type of apartment may exceed the monthly payment for living in a regular apartment.
In difficult times of crisis, each of us tries not to miss a single chance to earn an extra penny - someone takes a second job, others do freelancing in the evenings, and someone decides to rent out an extra apartment that has been sitting idle for a long time.
Renting apartments is a rather complicated area from a legal point of view, in which many scammers work.
How to rent out an apartment officially and correctly?
Therefore, if you decide to do this for the first time, pay attention to a few basic tips that are recommended to be followed so as not to fall for tricks and not lose money instead of earning it.
We rent out an apartment - what to pay attention to
Nowadays, websites with housing advertisements are widespread, where potential tenants can choose an apartment that suits them based on a variety of parameters: furniture, proximity to the metro, view from the window. For example, if they are interested in renting apartments on Market Square > Lviv, then in addition to the location, they can choose all the other characteristics of their future home that interest them on one of the real estate rental sites, for example, on www.dobovo.com. That is why the process of creating an advertisement for renting an apartment should be approached carefully and describe to the maximum all the advantages that, in your opinion, it has.
So how can you rent out your home as quickly and easily as possible? It would seem that there is nothing complicated - you have property that you have the right to dispose of, and if you want to rent it, give the keys and take the money. However, with such a frivolous approach, the apartment owner can expect many disappointments.
The process of renting out an apartment must be approached responsibly and, most importantly, competently from a legal point of view, i.e. necessarily with the conclusion of an agreement in which it is necessary to describe all possible nuances in order to avoid problems and possible costs in the future.
For a person who is going to rent out an apartment for the first time, we have collected several tips that are recommended to be followed by experienced property owners who have been involved in similar activities for a long time.
So, if you are planning to rent out your apartment, not to people you know well, but to strangers, then you should consider the following recommendations.
- Once you have found someone willing to rent your apartment, it’s time to sign a contract. This is a very important document, on the basis of which all possible controversial issues between you and the tenant will be resolved in the future. The lease agreement must include: payment rate, delivery deadlines, inventory of property and household appliances available in the premises, as well as their condition. The contract must contain a note about the obligation at the end of the term to return the apartment with all the property in the same condition in which it was at the time of signing the contract. This agreement cannot be terminated unilaterally, only by agreement of the parties.
- Be sure to include in the contract the conditions for the tenant to fulfill its obligations and options for resolving the situation in case of non-fulfillment. For example, in case of late payment, you can specify the possibility of installments or immediate vacancy of the premises. Also, do not forget about the possibility of early termination of the contract without penalties from the opposite side, for example, in case of warning at least a month in advance.
- It is also important to mention the method of resolving disputes in the event of damage to property; this can be either monetary compensation at market value or replacement of the property with a new one in agreement with the owner of the property.
- One of the most important and frequently encountered points is the opportunity to improve the tenant’s living conditions in exchange for rent. Depending on the rental period, it is recommended to include this option for the tenant (including on account of the rent), but always in agreement with the landlord.
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Added on May 23, 2016 in the category Business and work
Tags: other, rent, apartment, real estate.
Before you rent out an apartment, you should carry out repair work related to changing pipes and wiring. And for those who rent out an apartment on the highest floors, this is a must; the roof should be replaced to avoid subsequent repairs. Is it possible to rent out an apartment without renovation? Of course you can. But not every tenant will decide to rent an apartment in poor condition and make repairs at their own expense. Therefore, cosmetic repairs should be made in order to rent out the apartment much faster. Today, many people prefer to buy an apartment vyborstroi.ru in a new building from 2,000,000 from the developer and rent it out, thereby recouping the purchase costs.
How to rent out an apartment?
In order to rent out an apartment and not have any complaints from tenants, you should initially tell what condition the apartment is in and where something needs to be repaired, if any. First of all, you need to discuss with the tenants all the nuances related to the apartment and payment:
-What date is payment due?
-In case of breakdown of electrical appliances and household appliances, who will pay for repairs or purchase of new ones?
-Can tenants keep pets?
Before concluding a rental agreement, tenants look at which apartments are rented and in what condition. How to rent out an apartment correctly? To do this, the owner of the apartment should contact the agency and conclude an agreement with them. The agreement describes all the property that is in the apartment:
- Furniture and their quantity: cabinets, tables, chairs, cabinets and so on
-Household Appliances: Refrigerator,Microwave,Washing Tire,Water Heating Tank,Dishwasher and so on
After contacting, the agency places an advertisement for renting an apartment, takes calls and shows the apartment to potential tenants, thereby making the work of the apartment owner easier. The tenant has the right to refuse the apartment offered to him or to accept. If agreed, the tenant must pay the full monthly rent for the apartment to the agency.
Should I rent out the apartment? Before doing this, you should weigh the pros and cons. Is it profitable to rent out an apartment or is it so that the apartment does not stand without owners and robberies do not happen, you decide. In the best case, if you are leaving your hometown and are going to rent out an apartment, then it is better to look for tenants among friends or relatives. This way you will know that the apartment is in good hands and you will not need to check the tenants every month.
Is it possible to rent out an apartment?
Naturally it is possible. Now there are a large number of young families who need separate housing and are willing to pay for it. Before renting out an apartment, you must indicate in the contract whether young families with children can live in your apartment. If you agree to such families, then be prepared that the wallpaper in your apartment will be torn off. And it’s better to immediately indicate in the contract who will pay for the purchase of new wallpaper. In most cases, these are tenants.
Many apartment owners ask the question: “How much does it cost to rent out an apartment?” You must determine the amount you want to receive from tenants for yourself. Utilities must be paid separately. You must determine the payment amount based on the rooms in your apartment. If it is a one-room apartment and there are no renovations and modern household appliances or none at all, then the amount will be small.
How to rent out an apartment yourself without an agency: three steps to signing an agreement
And if the apartment is two-room with furniture, household appliances and good repairs, then it is better to discuss the payment amount with the agency.
How to quickly rent out an apartment? To speed up this process, it is better to use advertising that can be placed on the Internet. To make the process even faster, you must take photographs of all rooms in the apartment from a good angle so that each room is visible. You should indicate all your requirements that you want from tenants, for example:
-timely payment
-no pets
-cleanliness
-families without children, etc.
It is more profitable to rent out an apartment by the day or by the hour. But the requirement for this type of apartment rental is the mandatory presence of household appliances (refrigerator, microwave oven, washing machine, water heating tank), all required furniture (tables, chairs, bedside tables and cabinets) and the availability of hot water. Some apartments, which are rented by the hour or daily, also have a jacuzzi or shower for greater convenience. Payment for this type of apartment may exceed the monthly payment for living in a regular apartment.
Do not think about whether it is worth renting out an apartment, as this process can be very profitable for you. To do this, you just need to find good tenants who would suit you in everything and make payments on time. The main thing is not to sit still.
How to rent out an apartment to tenants? To do this, you first need to contact the agency and they will do everything that you would do. You won’t have to look for anyone or run around showing the apartment. You will have to sit on the couch and wait for a call that tenants have been found. You will not pay anything for this procedure. Tenants will need to pay.
To find successful tenants, you should talk to them and draw conclusions about people. As the saying goes: “You’re greeted by your clothes, but you’re seen off by your mind.”
We have opened this section so that Landlords (Landlords) and Tenants (Tenants) of residential premises clearly know their rights and obligations. We will replenish it at the slightest change in the legislative system of the Russian Federation.
Lease agreement or rental agreement?
What is the difference between a lease agreement and a rental agreement when renting an apartment, what are their features
When renting out premises for a fee to a third party or organization, an agreement must be concluded. This is understood by most owners of apartments or offices who want to rent out their property for a fee for the possession and use of another person. After all, the agreement will remove most of the problems associated with the further exploitation of their property and eliminate possible disputes and claims. A notary, real estate agency or law office will help you draw up such an agreement. Often, specialists title the document “Residential Lease Agreement” instead of “Residential Lease Agreement.” What can we say about the content of such acts...? RealEstate.ru lawyer Natalia Troyanovskaya explains in a conversation with correspondent Robert Effe what the difference is between a lease agreement and a rental agreement, what problems can be avoided by correctly drafting the document, which agreement should be registered and which should not be registered:
Lease and rental agreement, different concepts. In what situations is it better to use the first, and in what situations - the second contract?
Both the lease agreement and the rental agreement are property rental agreements. Chapter 35 of the Civil Code of the Russian Federation is devoted to the residential lease agreement, and the relations of the parties under the lease agreement are regulated by Chapter. 34 Civil Code of the Russian Federation. And, as a rule, there is no need to choose between these two types of agreements, since the type of agreement used is determined by the object (residential or non-residential premises) and the subject composition of the parties to the agreement (a legal entity or individual rents the object). A lease agreement is used if any real estate other than residential premises is rented out for a fee. In addition, a lease agreement is used if residential premises are transferred into the possession and (or) use of a legal entity (clause 2 of Article 671, clause 1 of Article 677 of the Civil Code of the Russian Federation). But if the residential premises are transferred into the possession and use of an individual, then a lease agreement is used. In a rental agreement, the owner of the residential premises or a person authorized by him will be called the lessor, the other party will be called the tenant. In a lease agreement, the parties will be called the lessor and the lessee. And I want to emphasize that it is unacceptable to replace the names of the parties in an apartment rental agreement and call such an agreement a rental agreement, since these agreements are regulated by different chapters of the Civil Code of the Russian Federation, these are different agreements.
Who is more profitable to rent out your apartment, a legal entity or a citizen?
If the apartment is rented to a legal entity, then the only option provided by law is to use a lease agreement. And if the apartment is rented to a citizen (individual), then a rental agreement is concluded. If the owner of an apartment has the opportunity to choose who to rent it to, then differences in the legal regulation of these agreements should be taken into account. For example, a lease agreement can provide for the possibility of its termination on the grounds provided for in the agreement, out of court, while a rental agreement at the initiative of the lessor can be terminated only in court and only on very limited grounds. And then - I think many will agree with me, since this is logical - it is easier to recover from a legal entity unpaid rent, as well as damage that could have been caused to the residential premises or neighboring residential premises. After all, the location of the legal entity is determined and known. In addition, legal entities seem to be more solvent compared to individuals (citizens). I will add that a legal entity can use a rented apartment only for the residence of citizens.
On the other hand, some owners, when renting out apartments, prefer to deal with citizens, because in this case they see and know the person who will use their apartment “in person.” For some owners, it is important that a rental agreement, even one concluded for a maximum period (five years), is not subject to state registration. Judging by the words of realtors, citizen owners prefer to rent out their premises to citizens rather than to a company. Consequently, the lease agreement is used more often.
Please tell us about the specifics of the legal status of the parties to the agreement.
In a rental agreement, the rights of the tenant, as a “weak party” in the agreement, are especially protected by law. The condition for unilateral termination of the contract by the tenant is a prior warning to the landlord and the consent of the citizens permanently residing with the tenant. If these conditions are met, the contract is considered terminated regardless of the consent of the lessor. And at the initiative of the landlord, the rental agreement for residential premises can be terminated without the consent of the tenant only in court and only on the grounds provided for by law. Such grounds may be: - failure by the tenant to pay for the residential premises for six months, unless a longer period is established by the contract, and in case of short-term rental, in case of failure to pay money more than twice within the period established by the contract; - if the tenant of the residential premises or other citizens for whose actions he is responsible use the residential premises for other purposes, or systematically violate the rights and interests of neighbors, or the tenant (or other citizens for whose actions he is responsible) destroys or damages the residential premises. The rental agreement is concluded for a specific period - no more than 5 years. The expiration of this period does not mean the need to leave the rented premises, since the tenant has the right to renew the contract for a new term. No later than 3 months before the expiration of the residential lease agreement, the landlord must offer the tenant to conclude an agreement on the same or different terms. Or the landlord must warn the tenant about the refusal to renew the contract in connection with the decision not to rent out this residential premises from the date of termination of the contract for a whole year. If the landlord has not fulfilled this obligation and the tenant has not refused to extend the contract, the contract is considered extended under the same conditions and for the same period. From the point of view of the owner of a residential premises, the tenant has enough rights to live in someone else’s apartment for a long time.
Is it possible to reduce the scope of the tenant's rights in the contract?
The law distinguishes short-term rental contracts (short-term rental), which recognizes a contract period of up to one year.
Everything about how to rent out an apartment correctly: the pros and cons of the procedure
Short-term commercial rental reduces the scope of housing rights of the tenant and his family members. The move-in of citizens is carried out with the consent of the landlord, tenant and other persons permanently residing with him; the tenant under a short-term contract does not have the right to move in temporary residents and sub-tenants, there is no pre-emptive right to renew the contract for a new term, there is no right to replace the tenant in the contract, etc. .d. In case of short-term rental, the scope of housing rights of residents may not decrease if the parties to the rental agreement provide for the corresponding provisions in the agreement. Is it possible to include a number of clauses, for example, from the rental agreement into the lease agreement, if this seems necessary? For example, the parties believe that it more accurately reflects their relationship.
The main thing is that the agreement complies with the rules obligatory for the parties, established by law and other legal acts in force at the time of its conclusion. That is, if the law sets out a rule regulating certain relations under a contract, and there is no reference to the possibility of providing for a different development of events, then one must act according to the already written rules. Chapter 35 of the Civil Code of the Russian Federation applies to the rental agreement for residential premises, Ch. 34 of the Civil Code of the Russian Federation - to the lease agreement. On the other hand, since both of these agreements are types of property rental agreements (although they are regulated by different chapters of the Civil Code and formally the rental agreement is not a separate type of lease agreement), I believe that the rental agreement can include separate provisions of Chapter 34 of the Civil Code of the Russian Federation in the case unless these relations are specifically regulated by the provisions of Chapter 35 of the Civil Code of the Russian Federation and if these provisions do not contradict the nature of the lease agreement. By writing “5-year lease agreement” in the title, is it possible to protect it from registration? After all, a lease agreement is not registered only if it is concluded for a period of up to 1 year?
Remember that the type of civil contract is determined not by the name, but by the content of this contract.
Accordingly, it is unacceptable to replace the names of the parties in a lease agreement and call such an agreement a rental agreement. In accordance with Clause 1 of Art. 164 of the Civil Code of the Russian Federation, if the parties enter into a rental agreement for residential premises (the tenant is an individual), state registration of such an agreement is not required, regardless of its validity period, since registration of rental agreements is not provided for by law. If residential premises are transferred to a legal entity, then a lease agreement must be concluded (clause 2 of Article 671, clause 1 of Article 677 of the Civil Code of the Russian Federation), which is subject to state registration if it is concluded for a year or more. If such an agreement is called a lease agreement (by the way, I have seen such agreements), then by its nature it will still be a lease agreement and the rules of the Civil Code on the lease agreement will be applied to it, including the need for state registration. Consequently, such an agreement will be considered not concluded and will not cause any legal consequences for the parties.
We rent out an apartment: competently, profitably, safely
How to rent out a house
The Russian real estate rental market is currently represented not only by city apartments, but also by private houses. According to experts, this segment is now experiencing a real “boom”. There are a large number of requests and proposals from both sides.
- First, correctly assess the area where the house is located. Is the house located in the city, a cottage community or a village? What is the distance to the city? What about the condition of the roads? Is there security? What can you say about the infrastructure, are there shops, pharmacies, a kindergarten, a school, sports grounds?
- Is the house a new building or an old building, the so-called village option? If it’s a new building, what category is it luxury, business or economy? What is the condition of the house? Has the renovation been done well, cosmetically or not at all? Are there furniture and household appliances, what is their condition? The presence and arrangement of the local area is important: a luxurious mansion should have a landscape design, a swimming pool with a high-quality cleaning system. Does the village house have water and sewerage? Do you have a garden?
- Decide on the period for renting out a country house for a long time, for a certain time, for example, the summer months, or for a short period. Now it is profitable to rent out a house by the day: on weekends or holidays. Are you ready for this option? Do you have the opportunity to constantly search for tenants, monitor them, and regularly clean after the end of the lease?
- Please check the prices for such offers in advance. Browse websites and newspapers. Determine the rental amount and the threshold to which you can reduce; Consider utility costs and other expenses, such as security. If possible, turn off your landline: there are too many cases where tenants move out unexpectedly, leaving long-distance bills behind.
- Do a general cleaning both in the house and in the garden. Untidy and unkempt areas can make a bad impression. A married couple with children will be interested in a safe and comfortable place to play in the yard. Do you agree to fulfill this requirement and change something on the site?
- When setting the price, you need to take into account various nuances. For example, the cost of renting a private house decreases with distance from the city, as well as in the absence of security or parking. A beautiful home may attract a tenant's attention, but broken roads or drunken neighbors will scare them away. Don’t hush up the shortcomings, tell them honestly; instead of the negative aspects, it’s better to draw the tenant’s attention to the advantages. Honesty always makes a good impression.
- If you rent out a cottage for several thousand dollars, then you only need to look for tenants through a real estate agency. Such tenants do not read advertisements in newspapers. And in other cases, it is safer to turn to specialists who have been working in this market for a long time.
- Don't forget about the contract, which can protect you in case of fraud. Remember that an agreement with an individual is called a rental agreement, you are the landlord, and the tenants are the tenant. In the contract, indicate information about the employer: passport data (take a copy of your passport on your phone), registration, contacts. Ask about the place of work, try to get as much information as possible and double-check it.
- Indicate the length of stay and the cost of rent. Designate the period when the parties need to warn each other about early termination of the contract.
- List in the contract the property that is located in the country house, indicate its condition and fines if it is damaged.
- Don’t forget to discuss the possibility of periodically visiting the tenants. Explain that this measure is necessary, because you are the owner and must know the condition of both the house and the property.
- It would be a good idea to remind you that you, as a landlord, must pay taxes annually.
Renting out real estate is a troublesome business, but to avoid problems, be very careful in advance; this will set your tenants up for a responsible attitude towards your property.
Passive income is profit that interests many people in different countries. And therefore, more and more often they think about an important question for them: what can be rented out? After all, this way of making a profit is the most interesting and profitable solution. It allows you to earn money without having an official job. But the question is different - what kind of properties can be rented out? This will be discussed further.
In fact, almost all of a person's property can be rented. But in reality, the most profitable business is renting out real estate. What objects and how can you convert them into passive income? If you prepare correctly, a person will be able to bring the idea to life without any problems.
Who is eligible?
Don't know what you can rent out yet? Before thinking about this issue, you need to figure out who, in principle, has such a right. Not everyone has the opportunity to earn passive income in this way. The fact is that the rental of real estate or property is carried out by:
- Owners of certain objects.
- State (if we are talking about municipal property).
- Intermediaries (realtors, real estate agencies).
It turns out that only the owner of a particular property, as well as authorized representatives, have the right to rent out certain objects. Quite an obvious fact. But what is it possible to earn passive income from?
Apartment
You can rent out an apartment in the most common scenario. It quite often helps people in different countries make a profit to one degree or another. The procedure for concluding a rental agreement is usually carried out with the participation of real estate agencies. Or personally by the owner of the apartment. It can be either an individual or a state. It is best to rent out the apartment officially. Yes, then you will have to give 13% of your profits to the country. But at the same time, the landlord and tenant will have rights and responsibilities. Performing such an operation is not as difficult as it seems.
Registration of apartment rental
Is it possible to rent out an apartment? Yes. This, as already mentioned, is the most common scenario in different countries. Rented housing is unique. Drawing up a rental agreement for an apartment is not so difficult. It has already been mentioned that a person can bring an idea to life either by contacting real estate agencies, or independently. But for the latter situation you will have to pay a visit to the notary. This is the only way a lease agreement can be drawn up. What documents may be required? Among them, the following papers are distinguished (regardless of the method of renting out the apartment):
- Documents on ownership of real estate.
- Lease/lease agreement with detailed terms and conditions.
- Extract from the Housing Office from the personal account.
It is worth paying attention to the fact that there are two types of agreement: lease and rental. The second option is suitable for cases when the apartment is rented to an individual. No mandatory registration required. But a direct lease agreement is subject to registration if it is concluded for more than 12 months. Signed when concluding an agreement with legal entities.
Room
What can you rent? The next scenario is to rent out part of the apartment. Or rather, rooms. A common way to make a small profit. The procedure for drawing up the relevant agreement is similar to the previously defined algorithm of actions. You just need to specify in the agreement which room is being rented out.
If there are several owners in the apartment, in addition to the previously listed list of papers, you will have to report the consent of all people to carry out the transaction. But when there is only one owner of the apartment, then renting out a room is not such a big problem. The profit from such a source of passive income is less than from renting out an apartment. But it does happen.
Earth
Is it possible to rent out a plot of land? Or part of it, for example? This question also often worries owners. For example, a house has been built, and there is a small plot nearby. Is it possible to submit it? Yes. There are no special restrictions on this matter. It is recommended to immediately decide whether the entire plot is planned to be rented out or only part of it. The complexity of concluding an agreement, as well as the text of the agreement, will depend on this. For legal entities, this feature is extremely important.
If a person does not act through realtors or relevant agencies, then he will have to sign the agreement with a notary. Otherwise, the transaction may be declared invalid. And this is important to understand. Special problems may arise if the land plot has several owners. However, a similar picture arises when renting out any property. Additionally, you will have to obtain the consent of the remaining owners to carry out the transaction. Without these documents, the lease or rental agreement will be invalid.
Not housing
You can rent out premises that are not residential. For example, a basement, storage room, utility room. This is a less common scenario, especially among those who live in apartment buildings. But this is only if the lessor is an individual. Among other things, non-residential premises such as offices are rented out. Just such situations occur in everyday life all the time. Please note that for any of the transactions under consideration, citizens will have to pay income tax. Currently it is 13%. This is a mandatory item for every taxpayer.
It is now clear that non-residential premises can be rented out. It's not as difficult as it seems. The algorithm of actions for the owner of the property will be exactly the same as in all other cases. It is enough to collect a similar package of documents. Only the certificate of ownership of a particular property changes. Then a lease/lease agreement should be concluded in the prescribed manner. We will talk about all the features of this process, regardless of the property being rented out.
House/dacha
Is it possible to rent out the plot? Yes, especially if there is only one owner of the property. But what other objects can a citizen consider? For example, at home or cottage. They can also be rented out if desired. In practice this is quite difficult to do. And individuals rarely deal with such cases. Typically, houses and dachas are rented out along with land plots by the city administration. But ordinary property owners also have the right to this.
Is it possible to rent out a plot of land, but not rent out the house located on it? Yes, this is also possible. But only in the case when the agreement specifies a specific territory to be surrendered. If there is space on the plot exclusively for a house, then the agreement will have to indicate exactly the building.
Car
More and more often, citizens are thinking about whether it is possible. And the answer will please them - yes, there is such a possibility. The list of documents will change. As a rule, you will have to seriously think about the lease agreement - it sets the payment rate. Most often he is hourly. The following documents will be required from the owner and tenant:
- Papers indicating ownership of the vehicle.
- Insurance.
- Lease agreement.
- Technical passport of the car.
- Identity documents of the parties.
Usually this is enough. It is advisable to think through all the features and nuances of renting a car in advance. To do this as competently as possible, invite lawyers. They contribute to the correct composition. This will make it possible to bring the idea to life without any problems.
Other
What can you rent? In fact, as already mentioned, almost all properties can be rented. Accordingly, rent, for example. If you do not take into account real estate objects, then you can identify many more ideas regarding the question posed. Among the most common objects rented out are: clothing (mainly suits and dresses), garages, boats, bicycles, sports equipment, dishes, furniture, appliances, construction equipment, books, pets (for example, for promotions).
This is not all that can be rented out. The list goes on and on. In the modern world, it is limited mainly by the imagination of the owner. And this must be taken into account. Only after receiving money from the tenants can the owner of the rental property have problems.
Pitfalls
We are talking about taxes. It has already been said that from each transaction you will need to pay 13% of the profit. It would seem that this is where the problems end. However, not everything is as simple as it seems. The fact is that in Russia there is such a thing as systematic profit-making from the same activities. True, for criminal liability to arise, the income must total 1,500,000 rubles. Therefore, until this moment, you can rent out this or that property without any problems.
What's next? Much depends on the type of rental property. To pay taxes and sleep peacefully, some recommend opening an individual entrepreneur. And choose the simplified tax system. Then you will have to pay 6% of the profit as taxes per year. Legal and safe. In some cases, it is recommended to purchase a patent for this type of activity. In Russia, at the moment, all citizens who rent out housing or property are offered to work on How to proceed? This is decided by the citizen himself. But in any case, you need to pay tax. Especially when it comes to leasing offices, as well as working with legal entities.
Do I need to notify the district police officer?
Some are convinced that in order to fully legalize the rental of an apartment, you need to notify the district police officer that people unfamiliar to him live on his territory. However, the law does not provide for a rule that would oblige the owner to notify the district police officer that he has rented out an apartment. This is due to the fact that the right to dispose of property belongs only to the copyright holder. No outsiders, including the district police officer, can prohibit the exercise of his rights. At the same time, the district police officer, who conscientiously fulfills his duties, himself finds out who the apartment is rented to and who lives there.
The material was prepared with the help of the director of the Miel-Arenda company Maria Zhukova, the head of the rental department of the Azbuka Zhilya company Roman Babichev, lawyer Oleg Sukhov and lawyer of the Central Bar Association Daria Zhidkikh.
How much taxes will you have to pay?
If you rent out an apartment as an individual, you will have to pay 13% of your income. According to the simplified taxation scheme, an individual entrepreneur must pay 6%, but at the same time he pays fixed contributions, which amount to 21 thousand rubles per year. Therefore, when renting out an inexpensive apartment, there is no point in registering as an individual entrepreneur.
If you purchase a patent, then, as already mentioned, the amount will depend on the area and regional rates. For example, an annual patent for a 40-meter apartment on Arbat in Moscow will cost 27 thousand rubles, in Northern Butovo - 12.6 thousand rubles, and in the Magadan region - 7.2 thousand rubles.
What needs to be done to legalize the delivery? Do I need to register as an individual entrepreneur?
First, you need to conclude an agreement with the tenant. As an appendix to it, you must draw up an apartment acceptance certificate and a document in which the fact of monthly payment will be recorded. Then the owner-lessor, with these documents, as well as a passport and documents confirming the right to own and dispose of this apartment, contacts the tax authority and submits a declaration in form 3-NDFL. This must be done for the past year by April 30 of the next year, and the tax itself must be paid by July 15. In this case, the owner rents out the apartment as an individual.
The second option is that the landlord can register as an individual entrepreneur. Individual entrepreneurs must also pay annual insurance premiums and must file a tax return. The tax is paid quarterly, the tax return is sent once a year until April 30 of the current year for the previous year.
There is another option - to purchase a patent for renting out an apartment. In this case, the apartment owner also needs to register as an individual entrepreneur. The validity period of a patent ranges from one month to one year, but must not “roll over” to the next calendar year. If a patent is purchased for a period of up to six months, then its cost is paid immediately and in full. If a patent is purchased for a period of up to a year, then you can first pay one third of its cost, and a month before the end of its validity period - the remaining amount. The tax is paid in a fixed amount based on the rates established by the subject of the federation and its area. A calculator for calculating the cost of a patent (that is, the amount of tax that will have to be paid) is provided on the website nalog.ru.
Receiving income from renting out an apartment is not a business activity, so a citizen does not have the obligation to register an individual entrepreneur. Citizens who receive income from renting out an apartment are registered as individual entrepreneurs only for the purpose of optimizing the taxes payable, that is, reducing the amount of taxes payable compared to the amount of taxes that citizens who are not individual entrepreneurs have to pay.
Isn’t concluding an agreement enough?
A written lease or commercial lease agreement is one of the components that ensures the legality of providing an apartment for temporary possession and use. However, if the parties have stipulated that the agreement is concluded for a period of more than 1 year, then it must be submitted to Rosreestr no later than a month from the date of conclusion to register the encumbrance of the property. The Code of Administrative Offenses of the Russian Federation contains administrative sanctions for violators: for failure to comply with the procedure for registering an agreement, a fine of 1.5 to 2 thousand rubles is imposed, and for late submission of an application for registration of an encumbrance, a fine of 5 thousand rubles is imposed (Parts 1, 2 of Article 19.21 Code of Administrative Offenses of the Russian Federation).
How to conclude a contract correctly?
There are several types of contracts. There are long-term and short-term rental agreements, which are concluded between two individuals for a period of up to one year and for a period of more than a year. There is also a lease agreement, which is concluded between a legal entity and an individual. All of them are in writing.
A well-drafted agreement has two dozen clauses, some of them are standard, and some depend on the agreements of the parties and the specific case. The agreement must specify the citizens who will live in the apartment together with the tenant/tenant, establish the amount of payment for the use of the property, and determine the procedure for paying utility bills. In a separate document, the parties describe the condition of the property being leased and indicate a list of furniture and equipment, if the apartment is rented furnished. The standard condition is the establishment of a guarantee payment - a sum of money that guarantees the owner that he will receive compensation if the tenant moves out of the apartment without warning in advance, or damages the property in the apartment.
It is recommended to specify the number and order of visits to the apartment by the owner (with prior notification to the tenant living in the apartment or without notification), the amount of rent, the procedure for making payments, and other payments that fall on the tenant’s shoulders (payment for electricity, etc.).
If the apartment has several co-owners, then they all must sign the agreement. Or the right to rent out an apartment can be transferred to one of the owners on the basis of a notarized power of attorney. Otherwise, a co-owner or even a person simply registered in the apartment has the right to live in this apartment. The tenant can ask the landlord for an extract from the house register to make sure that the agreement is signed by all owners and registered in this apartment. In this case, you need to pay attention to the date of issue of the extract - its validity period is one month.
A rental agreement signed by both parties is a legally significant document and is accepted for consideration in courts and other authorities.
What are the dangers of illegal surrender?
Illegal apartment rental is dangerous primarily due to unexpected significant financial losses. For example, the tax authority, having learned that the owner does not pay taxes to the federal budget, has the right to bring him to civil liability in court. As practice shows, sanctions for many individuals turn out to be burdensome, since in addition to collecting the principal amount of the debt, penalties and fines are assessed for failure to submit a tax return and failure to pay on time. In the worst case, individuals may be brought to criminal liability, which is fraught with a criminal record and a fine of up to 300 thousand rubles or imprisonment for up to one year (Article 198 of the Criminal Code of the Russian Federation).
In addition, your tenants may turn out to be scammers and use the apartment you rent to house, for example, illegal migrants. In this case, the owner of the apartment risks becoming involved in a criminal case for organizing the illegal stay of foreign citizens in the Russian Federation (Article 322.1 of the Criminal Code of the Russian Federation). It is unlikely that the owner will be brought to real criminal liability, but he is guaranteed unpleasant moments with the police, because he will have to explain for a long time and frankly why he illegally rented out his apartment, and how illegal migrants ended up in it without his knowledge.
The rental market is traditionally “gray”, and it is difficult to calculate how many transactions are made on it. Accordingly, it is impossible to say exactly what share of them is in full compliance with the law. Some experts give an approximate figure of 40%. In addition, there is evidence that in the economy and comfort class segment, 5-10% of apartments are legally rented, and the owners of apartments rented for more than one hundred thousand rubles per month almost always act according to the rules.
At the same time, the number of those who keep the law is gradually increasing.
My father has an excellent welding machine. When a neighbor’s neighbor found out about it, he asked if it was sometimes possible to rent the device for money.
The father barely knows the man. Therefore, on the one hand, it is risky to agree. On the other hand, a thousand rubles for an item that often sits idle is not unnecessary.
Can a father, not being an individual entrepreneur, rent out the device?
Do I need to take a deposit in the amount of the full cost of the device each time? Or is it enough to conclude an agreement in order to receive the same money through the court in the event of a breakdown or non-return?
What about taxes?
Greetings, Pavel.
Anton Dybov
tax expert
Your father can rent out a welding machine without registering an individual entrepreneur. With a deposit, or rather a security deposit, it is more reliable, but it must be negotiated with the tenant. You need to pay personal income tax on rental income and report it to the tax office.
Leasing personal property is not entrepreneurship
By law, entrepreneurial activity is considered to be an activity that systematically generates profit, in particular from the use of property. Which involves registering an individual entrepreneur.
At the same time, the owner has the right to rent out his property. And an ordinary person, without individual entrepreneur status, too. If you oblige anyone who intends to lease personal property to first register an individual entrepreneur, the result will be a restriction of the owner’s rights.
The parties decide for themselves what the lease agreement for movable property will be
This is the required minimum. The rest is a subject for discussion between the landlord and the tenant. If the latter agrees, a security deposit can be stipulated in the contract.
If the “neighbor of the neighbor” carefully pays the fee and then hands over the device safe and sound, the father will return the money. Otherwise, he will leave himself the amount to cover damage or rent debt.