How to officially rent out a room in a communal apartment. How to rent out an apartment or room correctly. Instructions for renting out an apartment, finding clients and drawing up an agreement. Non-privatized in a communal apartment
To rent out a room in a communal apartment according to the law, you must comply with several rules and regulations. It is more difficult to rent out a non-privatized apartment and a little easier to rent out your own. Why is it easier to rent out a privatized room? The only thing that’s easy is that you don’t have to ask other residents for consent, you just hand it over and that’s it.
The room is not privatized, what should I do?
Of course, if there is extra living space, why not rent it out, even if it is not privatized. By law, you will have to obtain consent to rent out the property from the main owner. The main owner is the housing committee. When the paper is received, get ready to be attacked by your neighbors. In most cases, it is not possible to achieve agreement between your neighbors. The arguments they will present to you:- Suddenly the tenant is a thief;
- A drunkard, he will bring his friends here;
- An unscrupulous person will not take part in cleaning the apartment, and other arguments will be heard in response to you.
Owned room
In this case, you do not need the consent of your neighbors, nor the consent of the housing committee; dispose of your property as you please. You draw up an agreement and write down all the rules in it. The rules should concern not only your interests, but also all neighbors, that is, cleaning the premises: bathroom, kitchen. Do not make noise at inappropriate times. Receive guests at a certain time. Come home no later than 12 o'clock at night, rather before 12 o'clock at night.You cannot rent out a room to several people, such as a family, if it has an area of 12 or 15 meters. Only one person can live in such an area, this is the law and cannot be broken. Neighbors can sue you if you allow several people into a small room. You don't need such problems. You must also pay income tax. If the neighbors don’t like something and they call the police, the police will check the documents and find out that taxes are not being deducted, then you will be fined, and they may evict the tenant.
Talk to your neighbors
Although you don’t need the neighbors’ consent to rent out a privatized apartment, you still shouldn’t break your relationship with them. Draw up a rental agreement together, so it will be more convenient for everyone, write down all the rights and obligations of the future tenant. By establishing good relations with your neighbors, you will not have problems in the future.
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Despite the ongoing struggle with communal apartments, life in them continues, and you can see communal apartments quite often. At the same time, rooms in one apartment can belong to citizens both on the right of ownership and under social tenancy agreements.
In this article we will try to answer in more detail the question regarding the rental of such communal rooms.
So, if a room in a communal apartment belongs to you by right of ownership.
In accordance with Art. 35 of the Constitution of the Russian Federation, the right to private property is protected by law. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons.
At the same time, the owner of the residential premises exercises the rights of ownership, use and disposal of the residential premises belonging to him.
The main question of interest to citizens regarding renting out a room concerns obtaining the consent of the remaining residents of the apartment.
It is worth paying attention to the fact that if, nevertheless, the room is owned by citizens (namely a separate room, not a share), then they have the right to dispose of it, including renting it out, without notifying the other residents of the communal apartment. Consent will only be required from residents registered in the room that will be rented out.
If the rooms in a communal apartment are distributed among its owners in shares, then in accordance with Art. 253 of the Civil Code of the Russian Federation, participants in joint ownership, unless otherwise provided by agreement between them, jointly own and use common property.
The disposal of jointly owned property is carried out by the consent of all participants, which is assumed regardless of which of the participants makes the transaction to dispose of the property.
Let's consider the second option if the rooms are provided under a social rental agreement.
In accordance with Art. 76 of the Housing Code of the Russian Federation, for the sublease of residential premises located in a communal apartment, the consent of all tenants and members of their families living with them, all owners and members of their families living with them is required.
At the same time, after concluding a sublease agreement, the total living area per person in a communal apartment should not be less than the provision norm (i.e. 18 sq.m.).
A residential sublease agreement is concluded for a period not exceeding the period for which the main social tenancy agreement was concluded.
Also, a sublease agreement can be terminated either by decision of the parties or in the event of failure by the tenant to comply with the terms of the agreement (use of the premises for other purposes, systematic violation of the rights and legitimate interests of neighbors, etc.).
When subletting a room you must:
1. Obtain the consent of the property owner - i.e. local government body or local government;
2. Written consent of all neighbors living in the communal apartment, including the consent of minors represented by their legal representatives. At the same time, these persons are not required to motivate their refusal.
These lines apply to owners of additional housing, in particular, a room. There are many ways to rent out a room, but we will look at the two most common: renting out yourself without intermediaries and renting through a real estate agency.
Here I will describe step-by-step instructions on how to solve the problem correctly and with the least friction. Naturally, having additional housing that you decide to rent out, you also have neighbors: one, two, three or even more, depending on the size of the apartment.
I will please those who have not encountered this issue. If you are the owner, you can rent without the consent of other tenants. If the apartment is in shared ownership, then only with their consent. But in both cases, you will have to communicate with people already occupying the living space on this issue.
The more diplomatic you are when speaking, the more people will meet you halfway.
Agency
Let's consider the first method of renting housing. Open the Internet, type in the query “real estate agency” or buy a real estate newsletter and choose which agency you like. I advise you to look at at least some information about this agency: how many years it has been working on the market, customer reviews, what services it provides and other available information about them.
Let's go back to your neighbors. The lines were written above: we rent without consent, if the owner. So, I’ll devote a couple of sentences to this point.
In a communal apartment there is usually one or more people whose opinions others listen to.
You've probably encountered something like this. They create cleaning schedules for common areas, monitor electricity, ongoing repairs in the apartment and other issues related to your shared housing. With them you need to decide the issue of renting out a room first.
Solving the “neighbor” issue
Calmly, without attacks, without noise, politely, respecting the opinion of the other side, convey that in any case you will hand over your property, but for the sake of everyone’s consent you are ready to compromise with your interlocutors. Find out which tenant they would prefer. This could be a young couple, a single student from a neighboring city, or an adult woman from a small village who came to earn money. Have you decided everything, agreed on everything, made mutual concessions, settled the dots? Then you can invite an agent who will rent out your home.
Neighbors are different.
Further events can go in several ways. You will either be invited to the agency to enter into a preliminary agreement for realtors to advertise, show and rent out your home, or they will do all this right in your home. Give preference to the first option, because it will be more reliable for you: you will see whether this agency really exists. I would like to draw your attention to the fact that you do not need to pay any money: the agency takes its commission from the tenant.
Important point
The contract may stipulate that if you refuse their services, all expenses incurred by them, as well as penalties, will fall on you.
So be careful and discuss everything with them in advance. Indicate how much you want to rent the property for, whether utility bills are included in the rent, what the payment terms will be, the amount of the security deposit for the last month and the security deposit for furniture, as well as other points that need to be specified in the contract.
Agreement
Typically the fee is paid one month in advance and the rental period is at least 6 months. If you find a tenant, sign the contract. You are the landlord, the tenant is the tenant, and the agency is the intermediary. Be sure to include in the contract all the points mentioned above, and one more important factor.
Check the contract carefully.
Responsibility for fire safety and liability for leaks caused by the tenant. It is important!
If something happens, it will not be you who will be responsible. The contract must also indicate the conditions for terminating the relationship: the end of the lease term, failure to make timely payment and other points - you can specify this when drawing up the contract.
Renting a room without intermediaries
If you do not want to use the services of an agency, then take matters into your own hands.
You can take a standard contract from the Internet, add the clauses that need to be included, and print it out. Next, an advertisement is submitted for renting a room through any resource that you like.
Try to describe all the advantages of your home. For example: a room for rent in a communal apartment, there are three more neighbors, two of whom practically do not live in the apartment, 12 square meters, on the 3rd floor, in the city center, 5 minutes from the metro, furnished. Give as much information as possible about your home, indicate the approximate price, telephone number. Try to see approximately how much a room similar to yours costs. This is necessary for quick delivery, so as not to inflate the cost of the room.
When people start calling, schedule a viewing time and show the property. As soon as you find a tenant, draw up a lease agreement. Everything according to the first option, only without an intermediary.
What else is important to pay attention to
It looks like we have covered all the subtleties and nuances of renting. Now a few lines to conclude the topic itself. Analyze everything carefully again. Try to find answers to all unclear questions, take your time, weigh everything.
Remember: all contracts must be concluded only with a passport and other identification documents, a telephone, and most importantly, do not forget about the deposit money.
Only then will renting out housing bring you additional income and the desire to continue this business. And the last thing I would like to point out is that you must file a declaration of additional income from rental property. I wish you all success and good tenants!
Concluding a rental agreement for a room in an apartment is a fairly common situation in the real estate market.
But when renting out a room, many controversial issues and situations arise. Let's look at them in the article.
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
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The most difficult aspect of renting out a non-privatized room in a communal apartment is its “legal” status. You cannot rent out a room in a non-privatized apartment. You can rent out real estate only if you have ownership rights. But according to Art. 67 clause 2 clause 1 of the Housing Code of the Russian Federation, the presented process is possible with the consent of the landlord. The lessor is the local municipality or other government agency.
If the tenant has decided to rent out the room, he must send his request to the landlord in writing. The document drawn up must contain signatures of family members of the tenant, as well as signatures of neighbors confirming their consent to renting out the room to third parties, which is regulated by Art. 76 clause 2 of the Housing Code of the Russian Federation. The landlord sends his consent to the tenant in writing.
The regulatory authorities may receive a refusal in case of non-compliance with the minimum size of living space for each subtenant or due to the health status of one of the future tenants (if the presence of a dangerous infectious disease is diagnosed). The refusal is subject to further appeal if necessary.
If the occupancy of subtenants was carried out without the consent of the relevant authorities, the sublease agreement can be declared invalid, and eviction must occur immediately. In case of refusal by those moving in, the eviction process is regulated by the courts. Claims can be filed by neighbors, the prosecutor or the landlord himself.
The employer in this situation will be found guilty in case of non-payment of personal income tax. If the employer does not submit a declaration in Form No. 3NDFL, he may be charged a fine of 5%, but not more than 30% of the total amount in the declaration and not less than 1 thousand rubles. For each day of delay, a penalty will be charged in the amount of 1/300% of the refinancing rate of the Central Bank of the Russian Federation.
How to rent out privatized rooms in communal apartments?
As already described above, the owners of the rooms have the right to rent out the presented property. This is regulated by Art. 35 clause 2 of the Constitution of the Russian Federation and art. 209 clause 2 of the Civil Code of the Russian Federation. Such a decision applies only to the room, while the remaining area (kitchen, corridor, bathroom) is common property. Therefore, even in the case of a privatized room, it is necessary to obtain permission from all neighbors of the communal apartment.
For your own safety and quick resolution of conflicts, it is necessary to fully reflect the resolution of disputes between tenants and neighbors in writing in the contract.
How to rent out a room in a privatized apartment?
In order to rent out a room in a privatized apartment, it is necessary to draw up a rental agreement between the owner and the tenant (see). In this case, the consent of each of the apartment owners must be obtained. They can issue a power of attorney to one owner, who in the future will act as a lessor in the agreement. If necessary, it is possible to conclude an agreement with each of the owners.
In the event of further cohabitation between the apartment owners and the tenant, it is necessary to indicate in the contract all possible controversial situations and their solution in the use of common areas (kitchen, bathroom, corridor). You can be guided by current legislation, regulations and acts. Some points can be discussed verbally.
How to interact with homeowners' associations and cooperatives?
As for the cost of renting a room, the amounts should be negotiated only between the tenant and the landlord. Neighbors of a communal apartment and utility services should not interfere in any way. However, in the case of calculating utility payments based on the number of persons living at the time of delivery, representatives of cooperatives and HOAs must know information about their number for permanent residence. But according to Law No. 152-FZ of the Russian Federation dated June 27, 2006, the landlord has no right to provide personal data about tenants.
Is a transfer and acceptance certificate required when renting out a room?
When the room is used by tenants in accordance with the drawn up contract, any breakdowns of the communication system may occur, as well as equipment and furniture may become unusable due to the fault of temporary residents. Therefore, it is necessary to attach the drafted one to the rental agreement. The document reflects the condition of the property, which is transferred for use to the tenant. In case of damage and methods for eliminating them must be indicated in the drawn up document.
How do you pay for utilities when renting an apartment (room)?
Payment for the use of utilities is made by tenants. This rule is regulated by Art. 678 Civil Code of the Russian Federation. Sometimes, in certain situations, the contract stipulates the landlord’s obligations to pay for utilities. In any situation, he is responsible to the companies. In case of late payment of utility bills, the landlord will be the indirect and direct defendant.