Neighbors rent out a room in a communal apartment. Is it possible to rent out a privatized room in a communal apartment if the neighbors are against it? Is registration required?

Back in 1994, the Constitutional Court recognized the right of tenants of rooms in dormitories and communal apartments to transfer social housing into personal ownership, that is, to privatize. Privatization of real estate can be carried out without the consent of neighbors.

Thus, today a communal apartment can be divided into several premises, some of which are owned by the state, and some by individuals.

It states that the owner of the living space has every right to perform any actions with it if they comply with the norms of the law of the Russian Federation and do not violate the rights and interests of other persons.

How to rent out a room in a communal apartment if the residents are against it?

If the living space is not a shared property, then the owner of the premises does not need to ask the consent of neighbors in order to rent out the room. It is his personal business whether to allow a tenant into his property or not. The opinion and position of neighbors, especially when they oppose this, cannot have any legal basis.

Important! However, according to paragraph 1 of Article 41 of the Housing Code of the Russian Federation, common areas belong to the owners and tenants of rooms in a communal apartment on the basis of shared ownership.

Clause 1, Article 41 of the RF Housing Code. Ownership right to the common property of the owners of rooms in a communal apartment

The owners of rooms in a communal apartment own by right of common shared ownership the premises in this apartment used to service more than one room (hereinafter referred to as the common property in the communal apartment).

Therefore, in order for a tenant to gain access to them, permission must be obtained from other residents. This makes it impossible to rent out a room without the neighbors' consent.

If your neighbors are against you renting out your room to a third party, despite the fact that your living space is privatized and is personal property, you should refer to paragraph 1 of Article 36 of the Housing Code of the Russian Federation.

It states that on the basis of shared ownership, owners of multi-apartment premises may own places that are not a direct part of the apartment or room: landing, local area, elevator, basement, attic, technical floor, and so on.

The same applies to the owner’s property, which is provided to the tenant for the duration of the contract.

Also, the tenant, as a representative of the owner of the living space, has the right to use common areas that are in shared ownership between neighbors in a communal apartment.

Underwater rocks

Not all residents of a communal apartment will calmly accept a new tenant, even if you quote them the relevant laws. Negatively minded neighbors may start to play dirty tricks and ruin the tenant’s life constant display of aggression and petty squabbles.

In some cases, it can even go as far as such drastic actions as closing the front door with a latch or chain when the tenant is away, limiting the time he can spend in the kitchen or shower, and so on.

Of course all of the above is a clear violation of the rights that the tenant receives by signing the lease agreement. Consider yourself very lucky if you find a lively married couple as tenants who will not only not allow their rights to be infringed in any way, but will also not let down particularly determined neighbors in the communal apartment.

In this case, you won’t have to worry about how your tenants’ relationships with other tenants are developing.

But if you choose a modest girl student who has just entered the first year of college as an employer, then be prepared either for the fact that soon your neighbors will simply “survive” her, or you will have to spend a lot of your own nerve cells in resolving the existing conflict .

One way or another, you should remember: in order To rent out a room in a communal apartment or dormitory, you do not need to obtain the consent of your neighbors. This applies only to those cases if the living space is your property.

The same applies to common areas in a communal apartment - if you legally own housing, then you have every right to use your share in the common property at your personal discretion. In particular, transfer it for use to your representative, that is, to the tenant.

Renting out living space is often associated with a number of difficulties, which every landlord needs to know. One of the important issues is quickly finding reliable tenants. We have prepared detailed instructions for you on how to quickly find tenants, complying with the law and without losing benefits.

○ Who has the right to rent out an apartment or room.

According to Russian legislation, only the owner can rent out living space in the first place.

“The right to lease property belongs to its owner. Lessors can also be persons authorized by law or the owner to rent out property (Article 608 of the Civil Code of the Russian Federation).”

Thus, the law does not prohibit the right to act as a landlord to third parties, provided that they have a notarized power of attorney from the owner of the property.

If the property is assigned to several owners, it is necessary to obtain written permission for real estate transactions from each of them, certified by a notary. Their personal presence at the conclusion of a transaction without written consent is also allowed.

When planning to rent out an apartment/room, the owner must also obtain consent from all persons registered in the living space.

○ How to submit: individual entrepreneur or individual.

Obtaining the status of an individual entrepreneur is not mandatory for a future landlord. You can rent out living space as an individual, paying the appropriate amount of tax.

The decision on the need to register an individual entrepreneur depends on how profitable it is. The advantage of this status is only the ability to choose a taxation option, while for an individual there is only one option - 13% of personal income tax. However, registering an individual entrepreneur has a number of disadvantages:

The need to pay insurance premiums, draw up regular reports on them and liability for violation of the order.
Responsibility for keeping records of expenses and income.
If the living space is sold, the income from the transaction will not be exempt from taxation, whereas for individuals there is a similar opportunity if the property has been owned for more than 3 years.

Thus, maintaining the status of an individual simplifies the procedure for renting out living space. However, the income tax is higher than for individual entrepreneurs. Therefore, the issue of deciding the status of a landlord is decided on an individual basis, based on individual preferences.

○ Preparation for delivery.

To prepare an apartment/room for rent you need:

Get your housing documents in order.
Pay off utility debts.
Prepare rooms (make cosmetic repairs if necessary).
Check the plumbing and repair it if necessary.
Do some general cleaning.
Remove particularly valuable and memorable items from the apartment.
Place furniture and household appliances.

Properly prepared housing increases the cost of rent by about 50% and greatly simplifies the search for tenants, so it is important to pay attention to preparatory measures.

○ How to find tenants.

Finding a tenant is an important stage of rental actions, because the stability of income and the absence of problems with living space depend on his reliability. You can find a tenant through an intermediary or on your own.

✔ Agencies.

You should contact the services of realtors if you do not want to waste time searching for tenants and checking their reliability or are not confident in your abilities. At the same time, it is important to choose the right agency, because the number of scammers among realtors is steadily growing. When making a choice, pay attention to:

Time spent on the real estate market.
Percentage of successful transactions.
Customer reviews.
Professionalism of the employees.

It should be borne in mind that the services of realtors are paid, but a percentage of the concluded transaction is usually paid to them by the tenant.

✔ Advertisements.

This is one of the ways to independently find a tenant. You can advertise in print media and television, in special sections. The placement fee is small, and the effect is quite fast. In this case, checking the reliability of a potential tenant falls on the shoulders of the landlord.

✔ Internet.

Another way to quickly find an employer without involving intermediaries. You can submit an ad on popular sites www.avito.ru, www.irru.ru, www.domofond.ru, etc. It is also worth posting information about finding a tenant and the requirements for him on your personal pages on social networks. This is a free, but quite effective way to find a tenant fairly quickly.

✔ Personal contacts.

You can often find people willing to rent an apartment among personal acquaintances. In this case, you will not spend money on checking the tenant and will be sure of the permanent registration address. However, this delivery option also has disadvantages. We cannot exclude the risk that, taking advantage of the acquaintance, the employer will delay the rent or even ask to reduce it. In such a case, not everyone can refuse a request to their detriment, so it is worth taking into account the possibility of such a development of events when deciding whether to rent out housing to friends or not.

○ Study of tenants.

When planning to rent out your living space to strangers, it is worth conducting at least a minimal check of their identity. You can do this as follows:

Ask to confirm your income using a 2-NDFL certificate or show documents for a car or other property.
Check the submitted passport against any publicly available database (for example, http://services.fms.gov.ru/).
Check for credit debts on the bailiffs website (http://www.fssprus.ru/iss/ip/).

Here it should be borne in mind that by law, the employer is obliged to provide only a passport; he can demonstrate all other documents solely at his own request. Therefore, the landlord cannot demand this, but he may be wary if such a request is refused.

○ We rent with or without a contract.

The conclusion of a lease transaction can take place by oral agreement or written agreement. In the first case, the parties must be prepared for the fact that the terms of the contract may not be observed by the counterparty, and he will not have responsibility for this. Therefore, it is advisable to rent out living space under a contract in order to be sure that your rights are respected. You can prepare the document yourself or use the services of a notary. It is important to take into account that if the tenant is an individual, then a rental agreement for residential premises will be drawn up. And if the apartment will be used by a legal entity, you need to prepare a lease agreement.

"1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens (Article 671 of the Civil Code of the Russian Federation).”

○ Conclusion of an agreement and signing of documents.

The document must contain all the necessary points of a simple contract:

Information about the parties to the transaction.
Description of the subject of the contract.
Rental period.
Rent price.
Rights and obligations of the parties.
Responsibility for failure to fulfill one's obligations.
Possibility of force majeure circumstances.
Additional conditions (possibility of carrying out repairs on account of rent, sublease, etc.).
Details and signatures.

It is also necessary to take into account all the risks: the possibility of increasing the rent, a fine for early termination of the contract, etc.

It is worth considering that the more details are reflected in the contract, the higher the guarantee of protection of the rights of the parties to the transaction.

In addition to the agreement, the parties to the transaction must sign:

An act of acceptance and transfer of property, which reflects the actual condition of the living space, and also records the readings of all meters at the time of conclusion of the agreement.
An inventory of property, which details what items and in what quantities are transferred to the tenant for temporary use.

○ Registration of the contract.

A lease agreement is not subject to state registration, regardless of its validity period. As for the lease agreement, it must be registered with Rosreestr or the MFC branch if it is concluded for a period of more than 1 year.

1. “A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
2. A real estate lease agreement is subject to state registration, unless otherwise provided by law.
3. A property lease agreement, providing for the subsequent transfer of ownership of this property to the lessee (Article 624), is concluded in the form provided for the purchase and sale agreement of such property (Article 609 of the Civil Code of the Russian Federation).”

To register you need:

Pay the state duty in the prescribed amount (10,000 rubles for individuals and 15,000 rubles for legal entities). Payment is made by each participant in an equal share, or the responsibility is assigned to one of the parties (this point must be specified in the contract).
Write an application on behalf of one of the parties to the transaction, attaching the notarized consent of other owners or registered persons to conclude a lease agreement.

○ How to charge.

The method of transferring payment for accommodation is discussed by the parties. The calculation can be:

Cash (in this case, you must draw up and sign a receipt for the transfer of funds each time).
Non-cash (transfer will be confirmed by bank statements).

Payment can be made:

Every month.
Once a quarter.
One time per year.

The law does not provide for a mandatory form of rent payment and its frequency.

○ Tax payment and accounting.

According to the law, renting out housing requires paying taxes in the prescribed amount.

“Taxpayers - individuals for taxes paid on the basis of tax notices, in addition to the obligations provided for in paragraph 1 of this article, are required to report the presence of real estate and (or) vehicles recognized as objects of taxation for the relevant taxes to the tax authority for their choice in the event of non-receipt of tax notices and non-payment of taxes in relation to the specified objects of taxation for the period of their ownership (Clause 2.1 of Article 23 of the Tax Code of the Russian Federation).”

If we are talking about an individual, his tax on rental income is:

13% for residents of the country.
30% for foreign citizens.

By registering the status of an individual entrepreneur, the landlord can pay taxes in the amount of 6% of income by choosing a simplified taxation system. At the same time, he must maintain accounting records and record income and expenses.

○ Responsibility when renting out an apartment.

If it is discovered that the landlord does not pay taxes on rental income, he may be subject to a fine of 20% to 40% in addition to recovery of the amount withheld.

“Non-payment or incomplete payment of tax amounts (fees, insurance contributions) as a result of understatement of the tax base (base for calculating insurance premiums), other incorrect calculation of taxes (fees, insurance contributions) or other unlawful actions (inaction), if such an act does not contain signs tax offenses provided for in Articles 129.3 and 129.5 of this Code entail a fine in the amount of 20 percent of the unpaid amount of tax (fees, insurance contributions) (clause 1 of Article 122 of the Tax Code of the Russian Federation).
Acts provided for in paragraph 1 of this article, committed intentionally, entail a fine in the amount of 40 percent of the unpaid amount of tax (fee, insurance premiums) (clause 3 of article 122 of the Tax Code of the Russian Federation).”

If the amount of non-payment is recognized as particularly large, the punishment is regulated by the Criminal Code of the Russian Federation and provides for a fine or imprisonment.

“Evasion of taxes and (or) fees from an individual by failure to submit a tax return or other documents, the submission of which is mandatory in accordance with the legislation of the Russian Federation on taxes and fees, or by including in a tax return or such documents knowingly false information, committed on a large scale, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to one year, or by arrest for a term of up to six months. , or imprisonment for a term of up to one year.”

Here you need to take into account that a large amount is considered to be an amount greater than 900,000 rubles, when the amount of the unpaid tax debt is 10% of the specified amount.

This article is a reference and information material; all information in it is presented for informational purposes and is for informational purposes only.

Therefore, “” decided to find out how to competently rent out one of the rooms in their “mansions”.

Future roommates
Naturally, landlords want future tenants to be decent, tidy and solvent. Most often, these are people with stable jobs and Russian citizenship. And it’s better if these are not yesterday’s students, but people no younger than 23-25 years old.

“If you are annoyed by the frivolous morals of young people and midnight visits home, you should not consider students. If you have accumulated a lot of complaints against the opposite sex, it is better to rent the room to a person of the same sex. And for those who like to chat and have fun, you can choose a young married couple,” advises Rimma Balyasnikova, director of information department of EGSN company.

First of all, people you know inspire trust, so it’s better to look for tenants through your friends and relatives. “True, if problems arise with collecting rent, in this case you can fall into a trap: the relationship between the owner and the tenant will no longer be just a business one (after all, they will be connected by mutual acquaintances), and demanding money will become more difficult,” notes Maria Baskova, head of the rental department of the Azbuka Zhilya company. However, you can get into a similar situation with strangers (if they suddenly evoke pity), and in most cases the recommendations do not fail.

If you have to choose complete strangers as tenants, then it’s worth finding out where they work and asking for the coordinates of their closest relatives. “Of course, some tenants may not like this, and they will refuse to rent a room, but it doesn’t matter, it’s much worse to come to a robbed apartment one day,” advises Rimma Balyasnikova (EGSN).

Preparing the room
In Moscow and the Moscow region, you can rent out any room, even without renovation and furniture, because there are a lot of visitors to the capital, and among them are migrant workers who are ready to sleep on mattresses laid out on the floor, and low-income families from the former CIS countries, for whom only low rent. And for many young professionals and students, repairs are not as important as savings. So it all comes down to price: it will most likely not be possible to rent out a room in poor condition at the average market rate, but if the rate is adequate to the characteristics of the offer, then there will definitely be people willing to take advantage of it.

“There were even cases when rooms and apartments were rented out in new buildings without any finishing,” he assures Svetlana Mamontova, director of the Real Estate Center, partner of the Megapolis-Service realtor corporation. Rooms in disrepair in similar apartments are also available for rent. But in such cases you no longer have to choose tenants: potential tenants of emergency rooms are large companies of migrant workers.

And if “decent” people are still needed as tenants, then the housing must be prepared: “At a minimum, the room should not have dirty wallpaper and furniture from the stagnation period. And as a maximum, there should be a fresh renovation, a non-sagging sofa and a spacious wardrobe, and in the kitchen there should be basic household appliances, including a washing machine,” says Rimma Balyasnikova (EGSN). If you want to rent out a room to several residents, for example, a family with a child, then you need to prepare more beds. Also, a table, chairs, an armchair, and equipment - a TV and a refrigerator will not be superfluous. A room with such a set will be rented out faster and more expensive.

In addition, the entire apartment must be prepared for the reception of tenants: “Put the plumbing in order, in the “common” area - in the kitchen, in the corridor, in the bathroom - it is better to make repairs, at least cosmetically, and also throw out the old falling apart furniture and carry out a general overhaul cleaning, i.e. ensure cleanliness and comfort,” advises Yuri Sharanov, General Director of GCN-Group. An additional advantage will be a nice modern interior. Also, if the rented room does not have a table and a refrigerator, you need to allocate a shelf in the “master’s” refrigerator for the tenants and, if possible, place a separate table in the kitchen. It is also important to have a strong entrance door (preferably a double one) with a reliable lock, or better yet, two. But a home telephone, according to Yuri Sharonov, today is not as valuable as in years past, since the majority of the population prefers mobile communications.

Dormitory rules
The owner is free to set the rules of residence. For example, you can oblige residents to turn off the lights when leaving a room or bathroom, to use household appliances in lower modes (not at full power), and not to use some appliances and dishes at all, to return home no later than 11 p.m., not to invite guests, no parties, no smoking. You can even set a schedule for using the bathroom and kitchen, for example, allowing you to take a shower only until midnight, and have breakfast from 7 to 7.30 in the morning. A certain mode is sometimes set for using a washing machine. You also need to discuss the issue of cleaning the rented room and “public” areas.

But the stricter the requirements, the fewer people there will be who want to rent a room and the lower its cost will be. If the wishes of potential tenants are reasonable, then it is better to make some concessions in your “charter”. “For example, sometimes people want to install a lock on the door of a rented room to ensure that no one enters while they are away. This requirement is quite appropriate, and even plays into the hands of the owner, since it will allow him to avoid unnecessary conflicts in the event of the loss of some of the tenants’ property,” says Yuri Sharanov. It is reasonable to allow tenants, especially young ones, to sometimes invite their out-of-town parents and other relatives to visit, and if people work shifts or late, do not limit the time they return home and use the bathroom; it is enough to ask them to remain as quiet as possible.

fair price
When the apartment and the rented room are good-looking and functional, you can increase the rent: “The more furniture and appliances in the kitchen, the cleaner the room and the fresher the renovation, the more expensive the offers,” says Svetlana Mamontova (AN “Real Estate Center”), and the room with European-quality renovation is more expensive than the option with cosmetic renovation. True, it cannot be said that this dependence is directly proportional, and sometimes a less well-kept room costs quite a bit.

“By opening advertisements with offers in the same area, you can make sure that both “killed” rooms and rooms with good repairs cost approximately the same,” notes Rimma Balyasnikova (EGSN). Firstly, if you have time to wait for tenants, then you don’t have to reduce the price too much - someday there will definitely come a time when there will be no better offers. And secondly, if the room has some other advantages, then the price can also be kept high.

For example, the location of the house is taken into account: if it is closer to the center, in an area of good transport accessibility and a stone's throw from, then the rooms in it, of course, are more expensive. If it is a new house, with a concierge and security, it is also rated higher. “The amount of rent also depends on the level of infrastructure: the presence of nearby schools, kindergartens, hospitals, shops, shopping and entertainment centers and other things,” says Yuri Sharanov (GTsN-group).

It may also depend on who is renting. If you want to rent out living space to a young man or girl, then it is reasonable to give a discount. After all, almost all landlords are looking for such tenants, and if there is an opportunity to accommodate a family, a young couple or two friends in your room, then you can raise the price a little: so, according to Larisa Maksimkina, head of the Avtozavodskoe department of the INCOM-Real Estate company When a room is rented to two young people, the price is approximately 20% higher.

“When determining the rent, the size of the room and kitchen itself, and the presence of a separate bathroom play a big role. An important factor is the total number of rooms in the apartment and the number of people living in it,” states Inna Ignatkina, director of the branch of the company "MIC-Real Estate" on Presnya. When there are fewer rooms and tenants, tenants are more comfortable, which means they are willing to pay more. Also influenced by the composition of the residents in the apartment, the presence of pets, the established rules of the hostel and the ability to freely use the rented object. “For example, if three generations of one family live in a three-room apartment with a couple of cats and one dog, and at the same time they want to rent the room to a person who will work late, go away on weekends, and never bring anyone to visit, then they can only count on which is 8,000 rubles. And if there is only one owner living in the apartment, who is ready to be loyal to the personal life of his tenant, then the room will cost much more,” explains Rimma Balyasnikova (EGSN). Thus, in the Preobrazhenskaya Square or Botanical Garden metro area, rent can reach up to 18 thousand rubles. per month, and near the Garden Ring - up to 20-25 thousand rubles.

“Those who want to rent out a room on their own should conduct a comparative analysis - look, for example, on the Internet, at what price similar offers are offered in the same area, and display the average price tag,” suggests Svetlana Birina, head of the urban real estate department of the NDV-Real Estate company. And then you can adjust it depending on the characteristics of your proposal. “You can just call a real estate agency, where specialists can evaluate it. Moreover, to be sure, you can call several companies,” advises Larisa Maksimkina (“INCOM-Real Estate”).

It's safer with a contract
You can entrust the selection of tenants to realtors, especially if you were unable to find them through acquaintances and friends. After all, the owner of the property will not have to pay any commissions; the tenant pays them. “By the way, also because of the need to pay agent commissions, thieves and scammers do not turn to real estate specialists,” says Rimma Balyasnikova (Unified State Property Tax).

However, the only thing that can help the landlord (and the tenant too) and protect him from unforeseen situations is a room rental agreement. “It is no different from an apartment rental agreement, except that when renting out a room, the agreement must indicate a specific room if the owner rents the room to the tenant and also lives in the apartment. If a room is rented in a communal apartment, then its parameters and a certificate of ownership are indicated,” adds Maria Zhukova, first deputy director of the MIEL-Arenda company.

“Only with an agreement is it possible to go to court if the tenant, for example, does not pay, throws noisy parties, does not comply with the established procedure for using the kitchen, or damages property,” says Elena Zhdanova, a lawyer in the field of residential real estate, managing partner of the Pravo law office . Real estate. Family".

The contract allows you to stipulate in writing all the fundamental aspects of renting a room: its characteristics, rental terms, obligations and rights of the parties, the amount of rent and payment procedure, reasons for termination of the contract (for example, noisy gatherings, non-compliance with hostel rules, a month’s delay in rent, etc. .). This document can also include questions regarding payment for utilities, telephone, Internet, etc. The main thing is to take into account all the requirements and wishes of the owner. For example, if it is clear that the owner will not be able to tolerate parties, it is necessary to stipulate in the contract that this is a reason for terminating it, otherwise you can only call the local police officer and call the tenants to order through the court, but you will not be able to kick them out.

The lease agreement is accompanied by a transfer deed, which indicates the condition of the room, a list of the property located there, its characteristics and information about its appearance. In addition, the agreement obliges landlords to provide their registered address and passport details.

You can draw up an agreement yourself - fortunately, there are a dime a dozen samples of standard documents on the Internet - or turn to realtors for help, and they can also help with the execution of a completed transaction, i.e. in cases where the owner himself found a tenant.

As for rental payments, you will also need a document here. “Money must be accepted by receipt, clearly recording the transfer, and it is better to use payment systems. For example, a QIWI wallet is convenient. Payments are anonymous. But there is a clear report on the date of payment, and the employer has a receipt,” recommends Sergey Smirnov, head of the AgentON Real Estate Exchange.

Cash safety net
In addition to the contract, an insurance deposit can protect the tenant from all kinds of risks - a security deposit usually equal to the monthly rental rate, which is transferred to the owner in case of possible damage to the apartment and the property there (damage to furniture, breakdown of equipment, etc.). “And if no unpleasant situations of this kind have occurred during the entire period of residence, then the deposit is returned - the money, as a rule, goes to pay for the last month of rent,” says Svetlana Birina (“NDV-Real Estate”). Also, the deposit can cover losses if the tenant moves out without paying, however, if the debt does not amount to several months' rent. “And to prevent this from happening, after two or three weeks of delay in payment, the tenant should be warned about eviction at the end of the month. Moreover, if such delays are permanent, tenants need to be changed as soon as possible,” recommends Maria Baskova (“Azbuka Zhilya”). And pity is not appropriate here, except in cases where the owner of the apartment deliberately wants to do charity work.

Yuri Sharanov (GTsN-group) also advises insuring the most valuable equipment, expensive interior items and decorations, since the deposit is unlikely to cover serious losses. In addition, tenants can damage their neighbors’ property (for example, by causing a flood in the apartment), therefore, when renting out housing, you can also take out a civil liability policy to third parties when using residential premises.

Portal summary
Renting out a room in your own apartment is, of course, a risky business: you can end up with nothing and not get the desired income, and even ruin your nerves. Of course, such a step is not for everyone, but if you cannot do without it, then it is very important to find a decent and solvent tenant. To do this, you need to create good living conditions in the apartment and room and not establish “draconian” hostel rules, as well as set an adequate price. In addition, it is better to find tenants through friends. You can, of course, do it through the Internet or advertisements, but if you don’t have confidence in your actions, experience and ability to understand people, then you should contact realtors. And in any case, you need to conclude a lease agreement, do not hesitate to demand an advance payment or a security deposit, and be less sentimental, no matter how nice the tenants are: after all, renting a room is a business relationship, the purpose of which is, as a rule, to make a profit.

March 25th, 2014 , 08:28 pm

Question : Rent out a privatized room in a communal apartment? Which is correct?

Sent a question: Elena Igorevna Solovyeva

Answer: Elena Igorevna, for you and everyone interested, I will try to give the most complete answer.
The Housing Code of the Russian Federation states that

"the owner of the residential premises exercises ownership rights,
use and disposal
residential premises belonging to him by right of ownership"
Including the right to rent.

If other rooms in a communal apartment are also privatized, their owners do not have the right to infringe on the rights of the owner, that is, he should not ask their consent to rent out. Nothing changes even if other rooms are not privatized - the permission of their residents to rent out the room, again, is not needed.

The situation is different for citizens living in a room under a social tenancy agreement. You will definitely need to ask permission from the municipality and neighbors. Whether you want it or not, “for the sublease of residential premises provided under a social tenancy agreement, 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” (Clause 2 of Art. 76 Housing Code of the Russian Federation).

The petition must specify for how long and how many subtenants will live as tenants in the premises provided under a social tenancy agreement. If you do not list all future tenants, they will not have the right to stay. The sublease agreement is concluded in writing and submitted to the landlord of the premises, that is, to local authorities. It is concluded for a period determined by the parties to the residential sublease agreement. If the period of residence of the subtenant is not specified, the contract is considered to be concluded for one year (Article 77 of the Housing Code of the Russian Federation).

When can neighbors evict?

Neighbors may express their disagreement with renting a room after the fact. That is, in the case when the room is rented, and as a result their living conditions worsen. FOR EXAMPLE: If a Vietnamese family of ten people lives in this room and there is no room to spread out in the kitchen. If the premises are occupied by a tenant with ten cats, the smell from which can be felt even on the staircase. If a tenant disturbs the peace of the rest of the tenants (gets rowdy, doesn’t let them sleep at night), if a citizen who suffers from one of the severe forms of chronic infectious diseases moves into the room. In all such situations, neighbors have every right to go to court to evict the tenant.

Sometimes experts are asked: can neighbors prevent a tenant living in the room without temporary registration at his place of residence? That is, do they have the right, as especially vigilant citizens, to write a statement about this blatant fact to the police with a demand to evict the tenant? Firstly, only bailiffs can evict him based on a court decision. Police officers have no rights for such actions. Secondly, neighbors can file a lawsuit to evict the tenant without registration - please! The only question is whether their application will be granted.

The fact is that the basis for eviction cannot be lack of registration -
if the tenant has a rental or sublease agreement,
which gives him the right to reside.

Very often, cases of non-obstruction in the use of a room are heard in court. The landlord asks the court to consider an application for infringement of his rights when neighbors are trying to survive the tenant in every possible way. There are all sorts of ways: 1).offended neighbors do not allow the tenant into the kitchen,
2).change the latches on the entrance doors,
3).Sometimes they even cut locks into the toilet and bathroom.

If this happens, it is necessary to file a lawsuit against the neighbors for non-obstruction and compensation for moral damage and lost profits (since the tenant cannot live in such conditions and, as a result, does not pay for renting the premises).

Typically, people living alone rent out a room in an apartment on the condition of sharing, because they do not want to live alone and they need additional income. Before this, the question arises of how to find a tenant in order to do everything according to the law, get additional income, and live in peace. From this article you will learn how to rent out a room in a communal apartment correctly and without intermediaries, find out from this article!

How to rent out a room in an apartment

For the landlord, it will also be a guarantee if the tenant turns out to be dishonest and does not pay.

Without drawing up an agreement or contract, you will not be able to demand compensation for losses if your apartment or property is damaged or stolen, which sometimes happens.

If your tenants flood the neighbors below, then without an official agreement that you have rented out the living space, you will have to pay the losses to your neighbors yourself.

To conclude a contract or agreement for the rental of living space, you need to prepare the following documents

The employer may ask for documents to verify your identity and that you have the right to dispose of the property. It will be good if all persons registered in the apartment are present at the time of signing the contract.

The room rental agreement must include the following information:

the fact that there will be cohabitation between the tenant and the landlord;
specify the period of residence of the tenant;
how much the employer will pay per month, within what time frame he is obliged to pay, that is, indicate the end date.
If prepayment is provided, then indicate the amount.

Also, in separate paragraphs, it is necessary to specify the rights and obligations of the tenant in the process of using utilities, communications, and personal property of the apartment owner, to specify which services the tenant will pay for, and what the landlord himself will pay for.

Specify the responsibilities of the parties towards each other and the rented apartment. Who and in what amount pays damages for property damage. You can also indicate other points that are fundamental for each of the parties, but do not violate the law.

The contract and agreement must indicate all members of the tenant's family who will live with him in this room. It is also advisable to prepare an agreement on the deposit and attach an inventory of the property. All forms and sample documents can be found on the Internet and printed at home. Also, all documents can be printed using a printer, or written by hand, but at the same time neat, clear and easy to read. All documents must be drawn up in two copies.

The tenant can pay for his accommodation in cash or by bank transfer. If payment for renting a house is made in cash, then the recipient must write a receipt stating that he received payment for renting a room, be sure to indicate the amount and date of receipt of the money. If payment is made by bank transfer, then the employer needs to keep all receipts with which he can prove the fact of payment if questions arise.

Termination of an apartment or room rental agreement

If it is planned to terminate the rental agreement, initiated by the landlord, then he is obliged to provide the tenant with an official notice of termination of the agreement 3 months before this date.

This must be done if the period of such notification is not specified in one of the clauses of the contract. If such a notice period for termination of the agreement is in the contract, then it is the main one and must be observed.

If the contract is terminated at the initiative of the lessor, then, as a rule, this is due to a violation of any terms of the contract by the lessee. The tenant terminates the contract if the landlord suddenly violates one of the conditions, or if the tenant himself finds another place of residence.

Typically, termination of a contract or agreement occurs in private and does not require any special actions. Only if there were no conflicts, disputes or legal actions, if the lessor was notified of the termination of the contract in a timely manner. Moreover, if a room was rented out in a communal apartment, then you need to make an act of acceptance of the transfer of the landlord’s property.

It is important to correctly conclude a contract for renting a room in an apartment.

This will enable the apartment owner to protect himself from non-payment for housing and the use of utilities in the event of damage or theft of property. If necessary, a contract or agreement can be presented as evidence of damages in court.