06.02.19 58 135 28
And don’t give money to scammers
For three years I helped people rent apartments and now I know several thousand rental stories.
Maria Yakovleva
protects people from scammers
It happened that my clients found an apartment, agreed to move, but instead lost money and were left homeless. I’ll tell you about the six most common schemes to defraud employers and explain which documents to check and what to pay attention to.
Fraud Option
Fake apartments from news agencies
There are agencies in the real estate market that sell only information, which is why they are called information agencies. They provide false information about apartments, take a commission from the client and do not guarantee occupancy.
Advertisements from such agencies often come across people who have just arrived in a foreign city and want to quickly rent an apartment. I noticed that even the offices of such agencies are often located near train stations and popular hostels.
To do this, the potential employer is invited to a decent office, most often in the city center. Managers are well trained and come across as professionals. The future employer is provided with licenses and documents and shown many fake awards, diplomas and certificates.
After meeting, they offer to sign an agreement and pay a commission. Under this agreement, the agency provides the addresses of the apartments for rent and the telephone numbers of their owners. The manager shows photographs of attractive options - luxury apartments at a reduced price.
Then the manager gives out information, offers to call the fake owner and go to view the apartment without an agent. There are several options for further developments. The owner says that the apartment is for rent, or does not answer the phone, the phone number turns out to be inactive, or it turns out that the apartment at that address is not for rent or does not exist.
If you return to the agency, the manager will present an information contract. There is no clause in it that the information must be up-to-date, and the agency undertakes to find an apartment. The client was provided with information, but the agency is not responsible for its quality. It may happen that there will no longer be an office, because news agencies in most cases are fly-by-night companies.
 |  |  |
How to protect yourself. If you realize that an ad on the site was posted by a news agency, do not call them, but complain to the support service. Specialists from large websites know how to recognize news agencies. They will additionally check the user and all his ads and block if they find violations.
If you call and understand that you are dealing with an agency, do not come to the office. You'll waste your time, but you won't rent an apartment. If you only recognize a news agency on the spot, run away from there. And don't forget about the basic rules:
- Read the contract carefully and do not pay money at the office. In good agencies, they will first show you the apartment, offer to check the documents, sign a rental agreement, a transfer and acceptance certificate, and only then ask you to make an advance payment.
- Expensive apartments and quality services cannot be cheap. News agencies lure people precisely because their services are cheap: they set prices 2-3 times lower than honest agents.
For example, in St. Petersburg the most popular type of apartment is one-room apartments with average quality renovations near the metro for about 20 thousand rubles. If you find an agent with a 50% commission, pay 10 thousand rubles for the search. News agencies charge less for their services - usually 10-20% of the monthly rent, that is, 2-4 thousand rubles.
Fraud Option
Black realtors and other people's apartments
A person has the right to rent out only his own apartment and confirms this with a certificate of registration of rights or an extract from the Unified State Register of Real Estate (USRN) and a title document, such as a purchase and sale agreement. To rent out someone else's apartment, even a close relative, you need a notarized power of attorney.
Fraudsters play on people's trust. They rent an apartment, falsify documents and rent it out to several people. This scheme was widespread in the 90s due to black realtors, but is now less common.
Deception scheme. First, the scammer rents an apartment and prepares for future deception. He chooses owners who rarely appear in the apartment: they work a lot, travel or live abroad. Then the “landlord” falsifies all the documents that the tenants check - a passport, a certificate of registration of the right to an apartment and a title document - and offers the apartment at a reduced price. This way there is a greater chance of quickly finding willing people.
The scammer takes calls and schedules viewings for different time so that employers do not interfere with each other. He shows everyone fake documents, talks about the advantages of the apartment and behaves like a real, conscientious owner. Finally, he signs several rental agreements, takes rent from each employer and disappears.
The tenant comes to “his” apartment and sees a crowd of other people. Everyone has a fake rental agreement, and everyone is sure that it was he who rented the apartment. After disputes and clarifications, everyone understands that they have run into a scammer. Perhaps all the tenants will meet at the door, because the scammer will have time to change the locks so that no one gets into the apartment. In any case, they do not have rights to the apartment, since the rental agreement was concluded with a person who does not own the apartment.
How to protect yourself. Check documents slowly and thoughtfully. If the landlord is rushing you, don’t give in: ask questions, read the rental agreement. The scammer is in a stressful situation, so he will rush. It is important for him that the potential employer does not notice the counterfeits and quickly gives the money: he has several more similar victims in line.
From the documents, check the certificate of registration of title, if the apartment was purchased before July 15, 2016, or an extract from the Unified State Register of Real Estate, if after this date. You should also look at the title documents - most often this is a purchase and sale agreement or an agreement for shared participation in construction for new buildings - and the passports of all owners.
How to distinguish sublease from fraud
Subletting is a normal, legal practice in the real estate world. The tenant rents an apartment from the landlord with the right to sublease. After which he rents it out to other people and enters into contracts with them. This scheme is more common in the market daily rental, less - for long-term.
You can distinguish sublease from fraud by checking documents. Look at your passport, title documents and registration certificate or extract from the Unified State Register of Real Estate. This way you will understand who the owner of the apartment is.
If this is a sublease, the contract will definitely have a clause stating that the owner is not against subletting his apartment. It may look like this: “The Landlord does not object to the Tenant subletting residential premises at the address: Moscow, st. Obraztsova, 8a, apt. 80, from January 1, 2019 to January 8, 2019.”
The owner’s consent is also formalized in the form of an appendix, agreement, letter or any other written document and supplements the contract.
Fraud Option
Renting without the consent of the apartment owner
If an apartment is owned by several owners, each of them must give their consent to renting out the apartment. Their passport details and consent are indicated in the rental agreement.
One owner cannot decide for the others and rent out the entire apartment. This is illegal. Therefore, if this happened, then it is either inattention or a pre-conceived fraudulent scheme.
Deception scheme. An apartment belongs, for example, to two owners in equal shares. The contract is concluded by one of them - he enters his passport data and signs. That is, the tenant receives his consent to rent an apartment. Since there are two owners, by law both must give consent, even if one of them decided to rent out only his share.
When the second owner finds out that the apartment was rented out without his consent, he can go to the police and court and challenge the deal. The rental agreement will be declared invalid, and the tenant will have to look for another apartment.
How to protect yourself. Check title documents: certificate of registration of rights or extract from the Unified State Register of Real Estate. If you see several owners in the certificate or extract, include them all in the rental agreement. Each owner must be present when the contract is signed. Check everyone’s passport, enter the data in the contract and be sure to make sure that everyone signs the contract.
If not all owners can be present at the signing of the agreement, one of them - the one with whom you are entering into an agreement - must confirm in writing that the remaining owners are not against the transaction. This is done in the form of a clause in the contract or an appendix.
Such consent does not ensure complete safety. There have been cases when it turned out that the other owner was categorically against renting out the apartment, and, despite the guarantees, the contract was declared invalid. That's why the best option- a rental agreement with all owners or a notarized power of attorney from absent owners for the right to sign the agreement.
Is it possible to agree verbally if you rent an apartment from friends?
No, renting an apartment must be stated in the contract. If you are actually renting an apartment and paying money for it, and not just staying for a while, sign an agreement.
Relations between relatives can deteriorate, and without the protection of a contract, you risk being left without money and housing.
Fraud Option
Changing locks by owner
The tenant has rights to a rented apartment only when he and the landlord have signed a rental agreement and an acceptance certificate. If they agreed verbally and the owner promised to rent out the apartment, and the tenant gave him money for it, the rights to the apartment still remain with the owner. He can do whatever he wants in it, for example, change the locks on the front door.
The lock replacement scam scheme is aimed mainly at gullible people who do not understand the importance of contracts, receipts and other papers. In the world of real estate, only written agreements work.
Deception scheme. Most often, a rental agreement is not concluded: the landlord simply hands over the keys and takes either the entire monthly rental amount or a deposit. Doesn't give any receipts. Then he asks not to come into the apartment for a couple of days under the pretext that he needs to finish minor repairs or pick up things.
When the tenant arrives at the apartment, the key does not fit the lock. The owner needed these few days to change the locks. The deceived tenant will not be able to somehow confirm the fact of the agreement with the owner, because there is no rental agreement and no receipt for the deposit.
How to protect yourself. Always enter into a rental agreement, draw up a transfer and acceptance certificate and record the transfer of money. If you pay a deposit, ask the owner for a receipt, at least handwritten on a plain piece of paper.
But it will be better if you print out the form in advance and fill it out with the owner.
When you transfer the deposit for an apartment to the owner, write this down in the annex to the mutual settlement agreement. If the owner comes to you every month for money, make a new entry in both copies of the contract. If you do not see the owner and transfer money to him on the card, keep the receipts.
Fraud Option
Generosity Promotions
This scheme was invented for solvent people who count their money and want to save money. If the tenant agrees to rent an apartment at the stated price - or, conversely, does not agree - he is offered a discount, but is asked to pay several months in advance.
Deception scheme. Fraudsters put pressure on greed: they argue that the apartment will cost much less. For example, housing costs 25,000 rubles per month, but if you pay 120,000 rubles in advance six months in advance, it will cost 20,000 rubles per month. This is a significant saving, which is why many employers agree. Perhaps this is an honest offer from the owner and there will be no deception. But it happens that the landlord kicks the tenant out of the apartment ahead of schedule or suddenly replaces the locks, and keeps the money for himself.
How to protect yourself. It is better to pay only one month's rent in advance. The owner can kick out, change the locks or sell the apartment, and the tenant can change his mind and move to another property. In such cases, it will be difficult to collect money from the owner.
Fraud Option
Assignment of prepayment
In the real estate market, advance payment is made as an advance payment, deposit or security deposit. But prepayment is also one of the most common fraud schemes. They extract it from employers in various ways, and when they receive it, they stop communicating.
Differences between advance, deposit and pledge
A deposit is the most stringent type of security payments. If the tenant gave a deposit and then changed his mind about signing the rental agreement, the deposit remains with the apartment owner. If the owner refuses the deal, he returns the deposit in double amount.
A deposit, or security deposit, is an amount that the tenant gives to the landlord in case of violations. If the tenant violates the contract or causes damage to the apartment, the security payment goes towards repaying the damage.
An advance is a payment that will be counted towards subsequent payments for the apartment if everything goes according to plan. If something went wrong and the contract could not be signed, the landlord is obliged to return the advance.
Deception scheme. The tenant calls about an advertisement for renting an apartment. They tell him that the apartment is available and come up with a reason why he needs to transfer the advance payment. The reasons may be different. The three most common:
- High demand. To prevent the apartment from being taken away, they ask you to send an advance payment to the card of the owner or realtor, and then come and sign an agreement.
- The owner has a long way to go. Therefore, the client is asked to confirm his intention to rent an apartment and transfer the prepayment to the card.
- Mandatory prepayment before concluding a contract. This is the owner’s condition, otherwise he will not rent out the apartment. More often they ask not for the full amount, but for an advance, 2-5 thousand rubles.
How to protect yourself. Do not transfer the advance payment. Pay money only after you look at the apartment and sign the rental agreement and the acceptance certificate. Remember that gorgeous photos of the apartment and low price- this is not a gift of fate, but a reason to check the apartment, the owner and the contract several times.
Greetings from a Peruvian
This is an original version of the prepayment scam, which began in the car market and is now found in the rental and sale of residential real estate.
Essentially, the same beautiful apartment at a reduced price and an advance payment requirement. You only communicate with the owner by mail, since he is located in another country.
They write something like this to you:
Good afternoon
I will explain the reason for my sale of the apartment at a reduced price.
I lived in Russia for a long time, but since my children live in Peru, I decided to move. I do business here, but I still have an apartment in Moscow and I want to rent it out.
To conclude an agreement, I must fly to Moscow. But I am only ready to go to a real client who is serious. Therefore, transfer me a deposit of 10,000 rubles through the Money Gram fast money transfer system or the Contact system to confirm your intentions.
Send me a receipt for payment, but cover the control number. Without it, I will not be able to receive the transfer, you can check this with the bank. This way you will be confident in my honesty and tell me the number only after concluding the contract.
I do not intend to change the terms of renting my apartment and its price. Because of these conditions, I rent the apartment at a low price. If you don't agree, don't waste my time.
Fraudsters can be from any country, but more often from Cameroon and Peru, so the message will be misspelled and a little clumsy.
The bank will confirm that it is impossible to receive money without a control number. Then you will go, for example, to Western Union and send the transfer. Take a photo of the receipt, close the code and send it to the scammer.
He will accuse you of drawing the receipt in a graphics editor and will send you a link to a fake money transfer system website. There you must enter all the data about the transfer, including the control number. A final window will appear, a screenshot of which the scammer will require. After that, he will receive the money and stop communicating.
Do not respond to such a message, but rather take a screenshot and send it to the support service of the site where you found the ad.
What documents to check before renting
You need to check three documents: a passport, a certificate of registration of rights and/or an extract from the Unified State Register of Real Estate and a title document - most often a purchase and sale agreement.
Passport of a citizen of the Russian Federation. It is necessary to verify the identity of the renters. To do this, check your passports. There is no need to check your military ID, driver's license and foreign passport, because their data is not included in other documents.
The passport data must be exactly the same as in all other documents. That is, the full name, series, number and all other data must match exactly. This will confirm that the person in the documents is the same person as in the passport and in front of you. Passport verification is the first and most important step.
Before renting an apartment, check whether the seller has a real passport. Here's what I recommend you pay attention to:
- No corrections, stickers, crooked fonts.
- There are all watermarks and imprints, fonts, as in your passport.
- The passport series matches the place of issue. The first two digits of the series are the area code. For example, if a passport was issued in St. Petersburg, the first two digits are 40, if in Moscow - 45. If the series starts with 40, and the passport was issued in Lipetsk, it is a fake. A list of city codes can be found on the “Your Passport” website.
- The condition of the passport corresponds to the date of issue. If the passport looks new, but was received three years ago, this should alert you.
Also check whether the owner's name and surname have changed. If yes, ask the seller for a certificate from the registry office of marriage or divorce or change of name.
Title documents show who owns the apartment or part of it and on what basis and who can rent it out.
The type of title document depends on how the apartment came to be owned by the owner. If privatized, the title document will be an agreement on the transfer of ownership of the apartment. If you bought it - a purchase and sale agreement, and if you received it as an inheritance - a certificate of the right to inheritance by law or by will.
If the apartment is in a new building, the title document may be an agreement on shared participation in construction. Together with him, it is necessary to check the apartment acceptance certificate if the house has already been rented out.
Certificate of state registration of property rights confirms ownership of the apartment or part thereof. There will be no certificate in two cases:
- If the owner registered ownership of the apartment from 1991 to 1996. In this case, it is necessary to check whether a mark on the state registration of the right is made on the title document, for example, on the purchase and sale agreement.
- If ownership is registered after July 15, 2016. From this date, the certificate of registration of rights was canceled and replaced with an extract from the Unified State Register of Real Estate.
To check the certificate of ownership, check the supporting documents that are indicated in it with the real documents. The type, number and series must match. Also check the address, floor and area of the apartment.
Replaces the certificate of registration of ownership. It is needed to confirm ownership and a list of title documents, as well as check the presence of other owners. Check the data from the extract - address, supporting documents - with the title documents. Everything must match.
What else to pay attention to
Owner behavior. If he is in a hurry, nervous, threatening to rent out the apartment to others if you don’t make a decision right now, be wary. Assess his adequacy visually: look at him first of all as a person. You need to see him every month, resolve issues, perhaps ask for help, so rent an apartment from a person who is at least not disgusting to you.
Apartment rental price. There are no perfect options at a low price. A renovated and furnished apartment five minutes from the metro cannot cost a penny. There's always a reason for the price and it's probably a scam.
Documentation. Forgery of documents is an expensive procedure. Therefore, scammers often use an economical option: they forge documents themselves or lie about why they are not there. Do not rent an apartment until you see the original documents.
How much money to pay
Rental amount pay only for one month. If the owner offers to pay six months in advance, refuse.
Pledge- this is an amount that reassures the owner in case of damage to his property. For example, if a tenant breaks a window and decides to move out, the owner will take part of the money from the deposit, fix the window, and return the rest. A full refund of the deposit can be demanded from the owner only if the tenant returns the apartment in the same condition as he rented it.
The amount of the deposit is determined by the owner. There are three most common collateral schemes:
- deposit equal to 100% of the apartment's rental price for the month, in one payment;
- a deposit equal to 100% of the rental price of the apartment for a month, in two payments, that is, divided into two months;
- double deposit equal to 200% of the apartment's rental price for the month, in one payment - mainly for business and elite class properties.
That is, when concluding a contract, you pay either the entire amount of the deposit or part of it as agreed with the owner.
Remember if you are going to rent a house
- If you are asked to come to the office and sign an agreement before showing the apartment, do not agree.
- Check the documents before signing the contract. Look at the owners’ passports, a certificate of registration of title or an extract from the Unified State Register of Real Estate and a title document, such as a purchase and sale agreement.
- Always enter into a rental agreement and sign the acceptance certificate for the apartment.
- Pay only one month's rent in advance.
- Pay money only when you see the apartment and the owner in person, check the documents, sign the rental agreement and the acceptance certificate. And don’t forget to indicate monthly payments on the settlement form.
We worked on the material
Author - Maria Yakovleva, editor - Elena Evstratova, production editor - Marina Safonova, photo editor - Maxim Koposov, information designer - Zhenya Sofronov, illustrator - Anton Kalashnikov, responsible - Anna Lesnykh, proofreader - Alexander Salita, layout designer - Evgenia Izotova
Fresh renovation, cleanliness, a smiling and friendly owner and, most importantly, a very attractive price - all this is by no means a reason for a tenant looking for housing to immediately move into an apartment, much less pay a deposit three months in advance. The RIA Real Estate website has collected five expert tips that will allow you to learn about the intricacies of renting and not be left with your nose, and what’s more, on the street.
Check the documents for the apartment
There are several types of fraudulent activities on the part of landlords that all those who are looking for rental housing should be aware of.
For example, says Maria Baskova, head of the rental department of the ABC Zhilya company, in rental relations there is such a thing as subleasing of housing - when the tenant rents out the apartment to third parties, of course, without informing the owner. According to the agency's interlocutor, in this case the fraudster rents an apartment by the day, say, for seven days. During this time, he manages to resell it to several employers at a price significantly lower than the market price, but, having received an advance payment for several months, disappears. Failed apartment tenants are left without money and without housing.
The means of “self-defense” in this case are quite banal and simple. In order not to fall for a scammer, before paying money, make sure that the apartment belongs to the owner, insists Vadim Cherdantsev, senior lawyer of the Land. Real Estate. Construction practice of the Cliff law firm. "Such information can be obtained on the basis of an extract from the Unified State Register of Rights to Real Estate. To obtain it, you need to submit a corresponding request to the territorial division of the Office of the Federal Service for State Registration, Cadastre and Cartography or (Rosreestr), pay 200 rubles of state duty and wait only 5 days. In Moscow, you can also contact a multifunctional center; they are available in every district. Any citizen can request an extract," explains the lawyer.
When renting an apartment, the tenant also has the right to demand a passport from the owner, and, after checking the documents for the apartment, enter into a rental agreement with the owner of the apartment, which must specify the main wishes, requirements and responsibilities of the parties, adds Baskova. And, of course, you only need to give money against a receipt, she emphasizes.
How to properly draw up a rental agreement. Advice >>>
Specify the rental period in the contract
“In the spring-summer period, with the appearance of seasonal apartments on the rental market, there are owners who give out the rental of their seasonal apartment for an apartment that is rented for a long time. As a result, the tenant is forced, after a few months, to look for housing again and move,” leads Baskov is another example of a tenant being deceived.
In order to avoid such an unpleasant situation, you must immediately insist on concluding a written contract indicating the terms of employment.
By the way, Cherdantsev notes, if the term is not reflected in the rental agreement, it is considered to be concluded for five years. After the conclusion of the contract, the owner will no longer be able to simply kick out the tenant and terminate the contract. In case of any disagreement between the parties, the contract is terminated only in court, the lawyer clarifies.
Don't go to view an apartment alone
Be friendly, but keep your distance from the owner
As for the behavior of the employer, according to Baskova, there is no need to invent anything or specially adapt to the landlord, the main thing is to be calm and friendly. "Never react violently to possible changes in the price or rental period, if you structure the conversation correctly and calmly, the result, as a rule, will be in your favor,” Baskova is convinced.
Gutsu advises the employer to treat the rented apartment as if it were his own, and not be afraid to nail down a shelf or call a plumber again. But what exactly is not needed, in her opinion, is excessive attention, tea parties and gifts to the owner of the apartment. As in any business, in rental relations it is important to show yourself as responsible, diligent, with a good memory, but at the same time “keep your distance,” the realtor notes.
The housing issue for Russian citizens is particularly acute. Real estate is expensive. Not everyone is able to purchase a home, even with a mortgage. An alternative is to rent real estate daily or for a long term. However, not all premises owners and organizations acting as intermediaries conscientiously fulfill their obligations.
Understanding how to rent an apartment without getting scammed, a person must take into account a whole list of different factors. Experts advise studying the types of fraud. This will help a person find out in advance that a dishonest act is planned against him. Then you need to familiarize yourself with a competent scheme for renting residential premises. Especially in order to help tenants prevent violation of their rights, we have prepared a list of tips that will allow you to avoid fraud when drawing up a rental agreement. We’ll talk further about what types of fraud exist, how to properly search through a real estate agency, and what to do to competently rent a room on your own.
Faced with the need to rent housing for a day or for a long period, people usually look for advertisements on Avito or contact a real estate agency. Experts advise using the services of only trusted organizations. Ideally, you should be guided by the advice of friends.
Having drawn up an agreement with a client, a representative of the organization usually performs the following actions:
- Finds an apartment that meets the client's requirements.
- Coordinates with the owner of the premises the time and date of inspection of the property, as well as other nuances.
- Visits the apartment with the client.
- Conducts all negotiations if the parties decide to enter into a rental agreement.
- Checks the documents provided by the owner of the property confirming the existence of ownership rights.
- Concludes the rental agreement and prepares the transfer and acceptance certificate of the property.
The services of agency employees are paid. The citizen will have to pay the specialist 100% of the rent.
What scams can you encounter when renting a home?
When figuring out how to properly rent an apartment for a long period of time, a person must take into account the fact that in the process of performing the action one may encounter fraud. So, the photo of the room may not correspond to reality. If an apartment in good repair is offered at a low cost, this should alert you.
Photos that show an elite interior, but the apartment is rented at a price below the market price, are usually taken from the Internet. Having seen such an advertisement, a person should understand that he has encountered scammers. When meeting with the client, the landlord may say that the apartment has already been rented. As an alternative, a citizen may be offered other real estate, the quality of which is significantly lower.
However, the above rule is not always followed. In order not to refuse a truly profitable offer due to doubts, experts advise finding out where the pictures were taken from. To do this, you can use the Google Images service.
The apartment can be rented several times. It must be taken into account that persons who rent premises cannot move other people in and charge rent from them. When concluding an agreement with the owner of the premises, it is imperative to ask him to provide documents confirming the existence of ownership rights. There is a fee for inspection. It must be taken into account that no one has the right to demand provision Money only so that the client could view the premises.
The apartment doesn't exist. Experts advise carefully checking the data contained in the contract, even if the realtor himself is involved in its preparation. There are cases when the address specified in the contract does not exist. In this case, the client is forced to pay rent without receiving housing.
Such actions are illegal. Finding himself in such a situation, a person has the right to terminate the contract unilaterally. If the acceptance certificate has not been drawn up, the person does not have to worry about paying for the apartment.
Fraudulent realtors who have entered into an agreement with a citizen can charge a fee and then simply provide him with several landlord numbers without intending to accompany the transaction themselves. The citizen who signed the agreement is invited to purchase a customer base. The fraud method is quite new, so the risk increases. It consists in the fact that a person wishing to rent an apartment is offered to buy a database of premises owners. Access to it is provided online.
The realtor usually states that it will be updated daily. However, after the fee is paid, the client will only see a site with outdated information. The client can try to protect himself from unscrupulous realtors. To do this, you must first study reviews about the selected agency. The actions can be performed via the Internet. If an organization has been involved in some kind of fraud for a long time, information about it will most likely be contained on the World Wide Web.
Self-rental apartment
If a person wants to rent a room on his own, he must figure out in advance what he needs to know when renting an apartment from the owner. First of all, you need to carefully study the ad. Then you will have to independently visit all the rooms you like. This method will allow you to save on realtor fees. However, it is necessary to find out in advance what a number of pitfalls are associated with.
How to check an apartment before signing a contract?
Before renting a premises, you need to make sure that it is legally clear.
To do this, you need to ask the owner of the premises for the following documents:
- passport;
- certificate confirming ownership;
- papers on the basis of which ownership rights were transferred to the owner of the premises (for example, a purchase and sale agreement).
If the rental of premises is carried out through a representative of the owner, in addition to the standard list of papers, a power of attorney must be attached. It is certified by a notary. Additionally, you need to make sure that there are no debts for utility services. To do this, you need to check your payment receipts. Actions must be taken before the contract is concluded.
Consent of other apartment owners
If several citizens own the premises, all of them must agree to rent out the apartment. The rule also applies to minors if they are already 14 years old.
The lease agreement must also contain the signatures of all owners of the premises and their representatives.
If a room is rented in a communal apartment, all neighbors must consent to the action. The lessor is responsible for preparing the relevant documentation. It is his responsibility to prepare and provide the citizen with a document regulating the rules for using the apartment. The contract reflects which room is assigned to which owner. All this will allow the tenant to avoid possible conflicts.
Apartment rental agreement: how to draw it up correctly?
When figuring out what to pay attention to when renting an apartment, you first need to correctly draw up a contract. It must be legally correct. All features of the interaction between the landlord and the tenant depend on the provisions of the document. For a document to be considered valid, it must contain a number of mandatory information.
The document must include:
- terms of the contract;
- the amount of the monthly rent for the apartment;
- the period for which the housing is rented;
- conditions under which housing fees may be revised;
- persons who may live in the apartment together with the tenant;
- terms of termination of the contract;
- conditions for inspections by the owner of the rented premises.
The contract must indicate the date of execution. The parties to the transaction sign the completed paper.
There is no standard form of agreement. It is compiled individually in each specific case.
To make it easier to draw up an agreement, parties to the transaction can use a ready-made document form. It is recommended to fill out the paper based on the sample.
Carrying out an inventory
An inventory of the property should be included as an annex to the rental agreement for an apartment in Moscow or another city. The document records all the things that are transferred to the citizen for temporary use.
The owner of the home has the right to indicate the following property in the inventory:
- household appliances;
- furniture;
- kitchen utensils;
- underwear;
- carpets;
- other things that are provided to tenants.
If the above items are damaged or lost, the citizen renting the apartment will have to restore their value. If this happens to property that was not indicated in the inventory, the owner of the apartment does not have the right to make claims against the citizen.
How to rent an apartment correctly?
To protect yourself as much as possible from possible fraud, you need to rent the premises correctly. It is imperative to check whether the owner has the right to rent out the property. Then you need to familiarize yourself with the documents for the apartment. You need to find out for yourself where you can find the owner in case of unforeseen circumstances. It is imperative to write down his phone number.
If there is no Internet in the apartment, and a citizen wants to connect it, it is imperative to discuss the conditions under which the action will be carried out.
When inspecting the apartment, you need to pay attention to the condition of the plumbing and electrical wiring. You need to make sure that the plugs are not knocked out when turning on the devices. Additionally, you should make sure that there are no insects in the apartment. If a person discovers any problems, but he likes the housing, it is necessary to immediately clarify at whose expense the elimination of existing problems will be carried out. A citizen should not be afraid to ask questions and ask for information of interest. This will allow you to rent an apartment safely and avoid most pitfalls.
How often do we hear stories when someone, trying to rent an apartment, finds an excellent description with colorful photographs, but upon arriving at the place, they discover shabby walls and a “killed” bathroom in a house located half an hour from the metro.
Many have friends or friends of friends who were simply scammed into renting: they showed the apartment, took a deposit and rent for the first and last month, even gave them the keys. However, upon returning to the apartment, it was discovered that the key no longer fit and the door was tightly closed. The owner with the money evaporates, and the tenant is left almost literally with nothing.
We often hear stories from TV screens about unscrupulous realtors who, promising to find an apartment, take an advance payment from the client, show him several options that absolutely do not correspond to the description and then declare that the terms of the contract have been fulfilled and continue to search for a suitable apartment, and even more so, return no one is collecting money.
No matter how much is said about standard schemes of deception and fraud, Russians continue to get into trouble with enviable consistency. AiF.ru is once again trying to help its readers with advice on how to avoid getting into trouble when renting an apartment. For help, we turned to experts from companies who have been conscientiously helping tenants and landlords find each other for several years now.
Treaty as a panacea
All experts noted the importance of the apartment rental agreement, which is often drawn up incorrectly, and in some cases it is even neglected, relying on the good faith of the owner of the living space.
“Drawing up a lease agreement is an important stage of the transaction. Without this document, all agreements will remain in words, and there is no protection against the tricks of unscrupulous partners. It is extremely important to draw up the rental agreement correctly, in which case the client will have a document that will allow him to defend his interests. In the rental market, this is a very important condition - in the network of unscrupulous partners there are people who decided to save money on this service and did not enter into an agreement (or entered into one with violations). A striking example: a person rents an apartment without checking whether the person who introduced himself as the owner of the apartment has the right to rent it out. For example, if children, wanting to take revenge on their parents, offer housing for rent, or these are people who have nothing to do with the apartment being rented,” I’m sure Svetlana Birina, head of the city real estate and rental department of the NDV-Real Estate company.
On the Internet you can find a large number of standard apartment rental agreements, which are often used by the tenant and the owner of the apartment when concluding a transaction. Experts advise checking such an agreement in any case. AiF.ru told readers about what must be reflected in the document Kirill Kokorin, legal consultant of the apartment rental department "INCOM-Real Estate":
“In order for the rental agreement signed by the parties to be recognized as valid, it must indicate the essential conditions:
1. The name of the residential premises being leased, its characteristics and exact address.
2. Accurate passport details of the tenant and the lessor.
3. Data from documents confirming the ownership rights of the lessor.
4. The amount of rent for an apartment, the procedure and terms of payment.
5. Duration of the rental agreement. If the rental period is not specified, the contract will be considered concluded for 5 years.
6. Data of citizens who will live with the employer.
7. Signatures of the parties to the rental agreement.
However, it is necessary to provide for other equally important conditions of this document, such as the procedure and grounds for early termination of the contract at the initiative or fault of any of the parties; rights and obligations of the parties; liability of the parties both for defects and for damage caused; penalties for the tenant and the lessor; procedure and grounds for settling damage caused to the owner’s property; payments and payment procedure for housing and communal services; guarantees of the parties; the procedure for notifying the parties, indicating the addresses for notification; possibility of keeping pets; responsibility and procedure for resolving damage caused to neighbors; prohibition or right for a tenant to rent out an apartment under a sublease agreement to third parties; procedure for resolving disputes and some others.”
Cheap means cheerful
Also when independent search Apartments for rent, experts advise paying attention to the rental price. In most cases, an unreasonably low price is fraught with some kind of catch.
“If you choose an apartment on your own, carefully study the price situation on the market. An attractively cheap offer is usually just a lure. When viewing the apartment and concluding the deal, relax, do not be nervous, focus as much as possible on the documents and the lease agreement, and carefully inspect the apartment for any defects. Do not react to the state of nervousness artificially created by many owners and unscrupulous agents, thanks to which the client will quickly inspect everything and give the money,” advises Managing Director of the MIEL-Arenda company Natalya Sivko.
“Obviously, housing that is rented out at low rates has certain disadvantages. For example, the poor quality of the property (old house, lack of renovation, furniture or household appliances) or poor location (far from a metro station, near a train station or market). Also, the cost reduction is facilitated by the condition of prepayment for a long period (six months, a year) or a short rental period (housing is often rented out for the summer). You need to focus on average rates, the description of the property in the ad, try to find out the details in a telephone conversation and only then go for viewing,” confirms Galina Kiseleva, director of the apartment rental department at INCOM-Real Estate.
Keys in the morning, money in the evening
Experts advise not to pay realtors in advance, but to pay the apartment owner only after the apartment has been thoroughly inspected and all the disadvantages have been recorded on paper and signed by the owner.
“There are cases when a tenant looks at an apartment, pays a deposit to book the apartment, and sets a date for the transaction, but the landlord disappears or refuses to return the deposit, but does not go through with the deal. But by working with an agent, you can save yourself from such situations: the company takes on all the hassle. It is best to contact large agencies that have successfully proven themselves in the market and can offer a full range of services,” explains Svetlana Birina.
The safest thing, all experts say, is to work with a realtor. But even among them there are unscrupulous people.
“The main rule that a tenant working with a realtor needs to remember is not to pay money up front. Payment for a realtor’s services for a completed transaction always occurs after, and not before, the start of work, that is, when he has fulfilled his obligations to the client,” advises Natalya Sivko.
What do you need to know to avoid unpleasant situations, quickly find affordable and decent housing, and rent it correctly for a long time?
What is more important, analyzing information and asking the right questions? Or the ability to avoid pitfalls? This will be discussed in detail below.
Dear readers! Our articles talk about typical ways to resolve 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 numbers below. It's fast and free!
Search through real estate agencies
People who are faced with the need to rent an apartment for the first time usually turn to an agency. It is advisable to find a trusted organization, ideally on the recommendation of friends. The tasks of a real estate specialist are as follows:
- Find an apartment according to the client’s requirements;
- Set a viewing period with the landlord;
- Accompany you to viewings of selected apartments;
- When drawing up a rental agreement, conduct all negotiations;
- Advise the client on contract issues;
- Check the owner's documents regarding the ownership of the property;
- Directly, as well as draw up a transfer and acceptance certificate, which will contain an inventory of the property of the apartment.
The cost of specialist services is 50-100% of the monthly rental price.
Demand creates supply, and these offers are not always fair. We invite you to watch a video about new methods of fraud when renting an apartment.
How to rent an apartment on your own?
When searching on your own, you will need to find an advertisement from the owner, not a real estate company, set a time yourself and tour the apartments you like. Of course, in such a situation there are pitfalls, but many people prefer.
What should you consider when searching on your own?
Checking the owner of the apartment
In order to ensure the legal purity of the property, ask its owner to provide you with the following documents:
- Evidence of ownership;
- An agreement confirming ownership of an apartment (for example, a purchase and sale agreement);
- Passport.
- In the case where the lessor is a representative of the owner, he must provide a notarized power of attorney confirming the right to manage.
Make sure there are no utility debts. It is necessary to check payment receipts and meters for electricity and water before you enter into an agreement.
Consent of all owners
If the apartment has several owners, that is, it belongs to them in shares, then consent is required from all of them (upon reaching the age of 14). The rental agreement must contain the signatures of all owners or the signature of an authorized person who has a power of attorney from them.
If you want to rent a room in a communal apartment, you will need the consent of your neighbors. The landlord must take care of this. He is also obliged to provide a document that states the procedure for using this apartment - that is, which room is assigned to which owner, which will save you from possible conflicts.
Correct lease agreement
A competently and legally correctly drawn up contract contains:
- Full name and passport details of the owner and tenant;
- Monthly rent amount;
- Conditions for reviewing housing fees;
- The largest number of visits by the owner of the apartment to inspect it, as well as the conditions of inspections;
- Persons who have the right to live together with the tenant;
- Apartment rental period;
- Conditions under which the contract will be terminated.
- The contract must contain detailed description housing: address of the apartment, area and number of rooms, number of floors of the house.
Moreover, each contract is individual - there is no standard form.
We invite you to download the apartment rental agreement form: Download.
Inventory of property
The property inventory is an annex to the main lease agreement. The inventory indicates the property that is transferred to the tenant for temporary use.
The owner of the property can include in the inventory: furniture, household appliances, linen, kitchen utensils and dishes, carpets, etc. If the tenant loses or damages items not included in the inventory, the owner will not be able to return them.
Rules for renting an apartment
Check with the owner of the apartment about his right to rent out residential premises, study the documents for the apartment.
Find out where you can find it, and check your contact details (telephone, address).
Check the conditions for connecting to the Internet or, if it has already been established, find out the payment procedure.
When inspecting the apartment check the condition of plumbing and electrical wiring. It is important that the plugs are not knocked out when connecting a minimum number of devices (electric kettle, computer, washing machine). Also make sure there are no ants, cockroaches, bedbugs or other insects.
If any problems were found during the inspection, check with the owner of the property at whose expense the repairs and elimination will be carried out.
If you rent a room that is not locked with a key, or a bed, then you do not need to pay a deposit.
The windows of the apartment must be in good condition, otherwise in the cold months you will be blown out, and in the warm months the air conditioning will be difficult to operate.
Write down emergency numbers for emergency services.
In a copy of the agreement, note the monthly rent payment and require the signature of the property owner.
Decide on the furniture issue: will you use the owner’s furniture or bring your own.
Since prices in the rental market are unstable, It is not recommended to sign a long-term rental agreement for a fixed price. If prices drop, you can find a cheaper rental option or ask the owner for a discount.
When signing the contract, the apartment owner must give you a set of keys. Check them out. Remember that it is illegal to demand payment for keys.
Typically, the duration of the contract is one year minus one day. This is in the interests of the apartment owner, since such agreements are called short-term and reduce the tenant’s ability to illegally move in co-tenants. If you wish to extend the contract, sign the appropriate agreement one month before the expiration date.
Try to find a common language with the apartment owner and neighbors, maintain good relations with them.
