The failure to conclude a tenancy agreement when renting out an apartment from the owner’s point of view can be explained quite simply - the owner of the living space simply evades taxes. However, now the legislation has become much stricter towards such businessmen. After all, the state, firstly, is not satisfied with the fact that the budget does not receive its share, and secondly, apartments are often rented out to very dubious individuals. And now enterprising owners are subject to a fine for illegally renting out housing.

What is the penalty for renting out housing without a contract?

For renting out housing without a rental agreement, owners get into trouble with the law. The punishment is provided not for the fact that the contract was not drawn up, but for non-payment of taxes, which should follow the registration of the rental agreement with the tax authorities.

So far, there have been no precedents for actual punishment of rental property owners. This is due to the complexity of the evidence base. After all, punishment can only follow the proven fact of renting out housing.

The following system of penalties is provided for illegal rental of housing:
- collection of the entire unpaid tax amount;
- penalties for paying taxes not on time (this provision is regulated by Article 75 of the Tax Code of Russia). The amount of the penalty is usually determined by the refinancing rate of the Central Bank of the Russian Federation. They are calculated as follows: the unpaid tax amount is multiplied by 1/300 of the refinancing rate and the number of days overdue;
- a fine for failure to submit a tax return (after all, renting out housing is equated to entrepreneurial activity). This penalty is 5% of the entire unpaid tax amount for each month of delay. But the amount cannot be more than 30% of the specified amount and less than 1000 rubles;
- a fine for violating the tax payment deadline - which is 20% of the unpaid tax amount.

If it is proven that the tax was not paid intentionally, the fine will increase to 40%.

It should also be taken into account that criminal liability may also be applied for tax concealment. According to Article 198 of the Criminal Code of Russia, the debtor is punished with a fine in the amount of 100 to 300,000 rubles. Or he may be sentenced to forced labor for up to a year, arrest for six months, or imprisonment for 1 year. The debtor is held criminally liable if the amount of non-payment is more than 600,000 rubles. for 3 consecutive reporting years.

How to calculate the fact of illegal rental

Today, the authorities encourage in every possible way the so-called snitching. That is, they really hope that they know who lives with them on the site, and can tell if the apartment is for rent.

However, despite the vigilance of neighbors, it is quite problematic to prove the fact of renting. After all, for reliability, it is necessary to collect a whole package of documents: an agreement on the rental of premises, receipts for the transfer or receipt of money for rent, an act of acceptance and transfer of premises, etc. Finding them all is usually simply impossible.

But the government is actively developing measures that will help them identify hidden landlords. Therefore, those whose apartments are illegal should think about bringing their business out of the shadows.

Tip 2: What to do if the apartment is rented out without the owner’s knowledge

Transferring for use real estate that is currently rented is a completely legal activity, called subleasing in Russian legislation. However, it is necessary to transfer the apartment to third parties according to certain rules in order to avoid conflicts with the owner of private property.

Features and benefits of sublease

Transferring a rented apartment to third parties is quite possible and often quite profitable. For example, the tenant managed to find housing at a better price, but he does not want or cannot terminate the existing lease agreement. In this case, he can rent out the first apartment to other residents at a higher price, while he himself can live in the second, which will allow him to receive additional income.

In accordance with the Civil Code of the Russian Federation, the transfer of private property for sublease must be carried out only with the consent of the owner. In this case, the corresponding possibility must be spelled out in the initial real estate lease agreement: if the owner has prohibited the apartment from being rented to anyone else, the tenants do not have the right to act in their own interests. Finally, the term of the sublease should not exceed the term of the lease, which is again stipulated in the agreement with the owner of the living space.

Protecting the rights of the owner when subletting an apartment

The owner of private property must take an extremely responsible approach to drawing up the terms of the lease agreement. In no case is the transfer of real estate into other hands by oral agreement allowed: in this case, the tenant is given significant rights to dispose of the received property, including the ability to sublease it on its own terms.

If the owner is not sure whether it is worth allowing the property to be re-rented by someone, as well as giving the tenant other rights, it is necessary to include a special clause in the contract, according to which the terms of the agreement can be changed at any time, or it can be terminated unilaterally . On the one hand, the absence of visible prohibitions in the contract will not scare off potential tenants, and on the other hand, there will always be the opportunity to demand that the tenant stop certain actions in relation to the property.

In addition, the lease agreement must have a clearly defined validity period, provide for the amount, methods and terms of payment (including utility bills), and also contain an inventory and condition of the property located in the apartment. It is also advisable to insure the apartment along with the property in order to maintain peace of mind for it. Only these measures will protect the property from illegal and dangerous actions on the part of the tenant and subtenant.

Defending private property rights

The owner of the living space needs to know the names of all persons renting it in accordance with the contract, as well as contact information for communicating with them. If you find unauthorized persons in the apartment or other signs of violation of the rental agreement, you must immediately contact the tenant and find out all the details of the situation.

If the tenant violated the contract and began subletting the property without the owner’s knowledge, it is necessary to demand that he stop illegal actions under the threat of termination of the contract for temporary use of the property. If the appropriate actions are refused (or if the person does not get in touch), the owner must contact the magistrate or district court at his place of residence, drawing up a statement of claim.

In the claim, state what rights of the owner were violated, and also attach copies of the rental agreement and certificate of ownership of the apartment. Please note that the application must be drawn up on behalf of all co-owners of the living space, indicating their passport details (husband and wife, shared relatives, etc.). You will also need to provide details of all tenants involved in the violation. It is advisable to report the presence of witnesses (for example, neighbors or a local police officer) who could document the fact of illegal residence of unauthorized persons in the apartment. After considering the case, the court will issue a ruling to evict the subtenant from the apartment and review the terms of the agreement with the owner.

Life shows that the home owner does not always want to enter into an agreement written on paper. Neglect of the form established by law includes positive and negative aspects. The presence of a correctly executed agreement implies the obligation to comply with the rules established by the law and the parties.

ATTENTION!!!

For residents MOSCOW available FREE consultations in office provided by professional lawyers on the basis Federal Law No. 324 “On free legal assistance in the Russian Federation” .

Don't wait - make an appointment or ask a question online.

The difference between an oral tenancy agreement and a written agreement

A rental agreement is an agreement under which the owner of the property provides an apartment or house for temporary use, and the tenant is obliged to pay payment within a specified period. In accordance with the Civil Code of the Russian Federation, an apartment must be rented out under a written lease agreement.

You can terminate a written agreement by mutual agreement or through the court by filing a lawsuit to evict the tenant. The court must have the following reasons:

• damage to property transferred for use;
• the tenant refuses to pay rent for six months; for short-term agreements, a period of two months applies;
• disrepair of the living space or eviction from non-residential premises recognized as such.

The absence of an officially registered tenancy frees the homeowner from being forced to comply with many procedures. In such a situation, the owner is not obliged to look for formal reasons for eviction.

According to the law, residents without a written agreement have the status of guests who can be asked to leave the premises at any time. But requests to vacate housing are not always granted; in such situations, special measures have to be taken against illegal occupants. Let's look at the main ways to evict tenants legally, quickly and without problems.

Extrajudicial eviction method

The absence of a written lease agreement allows the owner to resort to the simplest actions in the form of changing the locks. The owner has the right to use and dispose of the property at his own discretion; changing the locks does not in any way violate the rights of other persons staying in the apartment without legal grounds.

The disadvantage of changing locks on your own can be resistance from residents, as well as the question of the future fate of the valuable property of previous residents.

Eviction of a tenant from a non-residential premises, apartment or house may be accompanied by law enforcement agencies. If residents refuse to leave the occupied property, the owner has grounds to make an oral or written statement to the police. Upon arrival at the place of call, law enforcement officers check documents for real estate, verify the identity of the owner and the applicant.

In the presence of law enforcement agencies, events can develop in two ways:

1. After checking the documents, the owner demands assistance from the police in vacating the illegally occupied property. Employees are required to respond to the application and clear the premises of offenders.
2. If the owner ignores the requirements to open the door, the owner may break the lock in the presence of the police, and law enforcement agencies must ensure that the home is cleared from unauthorized persons.

The presence of the police has a number of advantages, as it provides physical security and allows events to be recorded through documentation and the presence of witnesses.

The judicial procedure has a number of features, including both advantages and disadvantages. To open proceedings, the owner of the premises will need to file a claim.

Reasons for eviction of citizens without a tenancy agreement may include:

1. Change of owner of the premises, the new owner of the property has the right to demand the release of private property.
2. Divorce between spouses.
3. Eviction of residents from municipal real estate (accident or transfer of residential premises to non-residential premises). In this case, the court, guided by Art. 85 of the Housing Code of the Russian Federation, is obliged to provide the evicted citizen with a new home.
4. Expiration of the contract term. In fact, the agreement is terminated, but tenants sometimes do not leave the property in violation of the law; this case allows you to file a claim to evict the tenant.
5. The reason may also be the impossibility of further cohabitation. This happens when a person leads an immoral, unhealthy lifestyle.

According to the rules of jurisdiction, a claim must be filed in the local court where the real estate is geographically located. An application for eviction from a residential premises must contain the names of the parties, third parties, their addresses, telephone numbers and other important information.

A list of documents is attached to the claim:

• copies of the application for the defendant and third parties;
• confirmation of ownership of real estate;
• extract from the house register (for residential premises);
• terminated, lease agreement or other evidence necessary for the consideration of the case;
• confirmation of payment of state duty.

The structure of the text should be presented in a clear and reasonable manner; the requirements must comply with the law. An example of the correct one.

How to evict a tenant from a non-residential premises?

For non-residential real estate, general requirements for terminating transactions, provided for in articles of the Civil Code of the Russian Federation, apply. It is possible to terminate the contract and carry out the eviction procedure in the event of a gross violation of the agreement or other circumstances provided for by law. The release of property is formalized by a deed of transfer from the tenant to the landlord. The absence of a written lease agreement allows the methods described for the non-judicial eviction method to be used.

Judicial practice shows that the category of cases related to the eviction procedure has difficulties in executing a court decision. The hearing, as well as the consideration of the process, is highly dependent on the preparation and availability of factual evidence to support the right to compulsorily vacate the premises.

In conclusion, it should be emphasized that the landlord has the right to carry out pre-trial work. It can manifest itself in the involvement of law enforcement agencies, sending written requests and claims. Taking these measures can save time and financial costs. The lack of results should be a reason to go to court to enforce the owner’s demands.

If you have questions about the topic of the article, ask them in the comments or to the site’s lawyer on duty in the form of a pop-up window. You can also call the numbers provided. We will definitely answer and help.

Is it possible to rent out your living space without a lease agreement? It is difficult to give a definite answer to this question.

The law does not directly prohibit renting apartments without a contract.

However, certain conditions apply to such agreements. expressly states the requirement in a written form.

Failure to comply with this requirement does not entail automatic recognition of the contract void.

If the agreement is not in writing, the parties cannot rely on witness testimony in court.

In simple terms, the court will only take into account material evidence: receipts for receipt of money, acts of acceptance and transfer of residential premises, receipts for payment of utilities, and so on.

It is logical to assume that there will be no receipts or other papers, since the agreement was not concluded. Therefore, the idea of ​​bringing the tenant or owner of the property to civil liability through the court is practically not feasible.

In addition, housing rental for a period of more than a year should be like an encumbrance on an apartment. If there is no agreement, then it will be difficult to fulfill this requirement of Part 2 of Article 674 of the Civil Code.

Therefore, if the parties have agreed on a lease for a period of up to a year, then it is not necessary to draw up such a document in writing.

Lessor risks

What are the risks when renting out a home without? Impunity stimulates in people the most unpleasant traits of their character.

Even seemingly decent people try to take advantage of their position and squeeze the maximum material gain out of the current situation. For example, most tenants move out leaving behind debts on payments for utilities.

How to rent out your home without risk? It is worth carefully inspecting all the premises before the residents leave. It often happens that landlords take the owner’s things with them, or “forget” to report damage to any property.

Someone takes advantage of the owner's kindness and delays the rent.

Later, when demands for payment become more insistent, the swindler quickly disappears with the things.

Some people don’t even hesitate committing criminal offenses.

Having the keys to the apartment, you can remove and sell furniture and household appliances without attracting too much attention to yourself. And the owner has yet to prove that he rented out housing to a specific citizen, which contained furniture.

You should think carefully before letting the landlord into your residential premises. without any registration. The absence of a formalized agreement is beneficial, first of all, to dishonest people.

The risks for a conscientious person are too great, and the benefits are not as great as they might seem at first glance. It is best to have the document in writing and avoid possible problems.

If you find an error, please highlight a piece of text and click Ctrl+Enter.

Good afternoon. I rent an apartment without a contract, but one of the neighbors’ grandmothers is outraged that we live there and wrote a complaint to the tax office. How should I behave correctly in order to avoid problems and continue to live peacefully in this apartment with my child? Answer: Hello!

The problems will not be with you, but with the one who rents the apartment to you, he is the one who does not show his income, and you don’t care about the money, whether with or without an agreement, the only difference is in the guarantees: Without an agreement, you are in no way protected by law! All the best , Polishchuk M.S.

How to conclude an apartment rental agreement

Before paying money for a rented apartment, you need to check the owner’s documents and correctly conclude a lease agreement. A rental agreement is the main proof that you have rented an apartment. Only with a contract in hand can you defend your rights if the landlord violates the terms of the agreement, including in court. After all, it is better to prevent problems than to unravel them.

Verification of documents

Before concluding a rental agreement, you need to make sure that the person renting the apartment to you is authorized to do so. Only the owner of the residential premises has the right to use and dispose of real estate. Thus, first of all, you need to ask the future lessor to present a document confirming his ownership: for example, a purchase and sale agreement, privatization, donation, certificate of ownership. If there is only one owner, then he signs the contract. An authorized person can rent out an apartment on behalf of the owner, but his powers must be notarized. If there are several owners, the situation becomes more complicated. An owner who owns only a share of an apartment cannot rent it all out without the consent of the other owners. All owners of the apartment must sign the lease agreement, and if there are minor children among them, then their authorized representatives are the parents. When it is impossible to ensure the personal presence of all owners, one of them must provide a notarized power of attorney in his name or consent from other owners, again, executed by a notary.

The most important thing: a lease agreement signed by an unauthorized person is invalid. If the person renting the apartment does not have the necessary documents, it is better to refuse to rent such an object, otherwise the tenant may face a number of problems.

We draw up a lease agreement

A residential lease agreement must include:

1. Description of the apartment - address, number of rooms
2. Information about the owners, links to documents confirming ownership
3. List of persons who will live in the rented apartment and their passport details
4. Amount and procedure for payment of rent
5. Terms of payment for utilities
6. Contract time
7. Conditions for its termination.

Pay attention to some nuances. According to current legislation, if a lease agreement is concluded for a period of 1 year or more, then it is subject to state registration. In order not to register the contract, it is usually concluded for a period of 11 months.

In terms of termination of the contract, it is important to specify the responsibility of the party on whose initiative the contract is terminated. For example, if early termination occurs at the initiative of the apartment owner, you can set out a condition under which he will have to reimburse the amount paid by the tenant to the agent for finding housing. In the case where the contract is terminated at the initiative of the tenant, it is possible to provide for a condition under which the owner will retain the deposit. It makes sense to stipulate in the contract that the apartment landlord has the right to visit the rented premises no more often, for example, once a month, having warned the tenant the day before.

Transfer and Acceptance Certificate

When moving into a rental property, it makes sense to draw up an additional document - a transfer and acceptance certificate. It indicates that the landlord handed over and the tenant accepted the apartment at the specified address, attaches a list of property transferred along with the apartment (furniture, household appliances), and notes how many sets of keys the tenant received. The acceptance certificate is signed by both parties, after which it can be attached to the apartment rental agreement.

Receipts for receipt of rent

It is strongly recommended to take a receipt from the owner of the apartment each time you make rent and utility payments. You can prepare a small sign in the form of an attachment, which will indicate the month for which the payment is made, the amount of payment, and the landlord’s signature. In a conflict situation, you must have proof that the rent was paid.

Remember that a well-drafted agreement and careful attention to documents will help to avoid many problems associated with rent, both for the tenant and the landlord.

All the secrets of renting an apartment

Until recently, most Ukrainians renting a home could not even dream of asking the owner to sign a lease agreement with them, much less have it certified by a notary. The owners of the living space did not want to “shine” before the tax authorities and give the state part of their income. Now the situation has changed a little.

On the one hand, tax officials, concerned about filling the budget, zealously set about searching for “violators” - those who keep tenants “on a bird’s license.” Housing workers, local police officers, realtors, and even pensioners simply living in the neighborhood are involved in this search. So sooner or later a tax inspector may knock on the door of a rented apartment.

On the other hand, both tenants and homeowners are increasingly thinking about protecting their rights. And then the presence of a “third party” - in the form of a notary - seems less evil than the threat of losing your own home or ending up on the street without warning and even personal belongings.

How much?

Payment for the services of a public notary will cost 1% of the annual rental income of the apartment owner. The owner who has legalized his business is required to pay taxes to the local tax administration in the amount of 15% of his rental income.

Is a contract valid if it is not concluded by a notary?

The vast majority of lease agreements are not registered with a notary, so as not to expose the lessor to the tax authorities, comments lawyer Elena Topchiy. - If necessary, an agreement, even if not sealed by a notary, can be considered in court. By the way, for it to have legal force, it must contain accurate passport data of the owner and tenant, their place of registration, as well as their personal signatures.

Why don't owners want to rent out apartments to families with children?

If you want to rent an apartment legally - sign an agreement and register at a new place of residence, there is a very high chance that you will not find someone who would like to shelter you if you have children.

It's not that owners don't like kids who try to ruin furniture or paint wallpaper. By law, once you settle in a rented apartment, you are required to register there within the next 10 days, the Socrates law firm told us. - And if there are small children in your family, they should be registered together with their parents. Subsequently, landlords are faced with a problem: how to check out a family with children? This can only be done by court decision. And for this you need good reasons: for example, tenants do not pay rent for several months in a row (more than 2 months - with a short-term contract or more than six months - with a long-term contract) or the contract has expired. However, it should be remembered: the court will refuse to put a family with children on the street in the cold season and if people have nowhere else to live (they have not found a new apartment, relatives are not ready to shelter them, etc.).

How to conclude a lease agreement correctly?

The lease agreement must necessarily include the following items: a full description of the apartment indicating the address, information about the owners and details of documents confirming ownership, the number of residents in the rented apartment and their passport details, the amount of payment and the procedure for making it, the duration of the agreement and the conditions for its termination , says Vice-President of the Association of Real Estate Specialists Viktor Nesin. - It is also necessary to specify the responsibility of the party on whose initiative the contract will be terminated early. If this happens through the fault of the homeowner, it would not be superfluous to oblige him in this case to reimburse the amount paid to the broker for searching for an apartment. And if the contract is terminated at the initiative of the tenant, you can oblige him to leave a deposit with the owner. An appendix with a payment schedule should be made to the document, in which the lessor will have to sign opposite each date he receives money.

Is it possible to pay rent without money?

In order not to involve each other in monetary relations, the tenant and the owner of the square meters often agree to consider repairs of the rented home, looking after pets, plants or relatives as payment for living. But this, as it turns out, does not relieve them of the need to pay personal income tax.

As Yaroslav Yaremenko, head of the real estate and construction committee of the Ukrainian Bar Association, explained, the tax inspectorate evaluates the cost of services provided to the owner of the apartment, from which he will subsequently be obliged to pay the required 15% to the state.

Calculating the cost of repairs will not be a big problem if you have an estimate, says the specialist. - But if we are talking about caring for animals, and even more so for relatives, the situation here is more complicated. In the latter case, the inspection may classify the care as a “contract for maintenance”, but calculating the cost of this service will be problematic.

All this is relevant only if non-monetary terms of payment for living in rented housing are specified in the contract. Otherwise, if a certain amount appears in the agreement, tax will be calculated from it.

How long do you need to live to be eligible for housing?

Many homeowners are afraid to register tenants living within their four walls. Apparently, the old stereotype has not outlived its usefulness, when in Soviet times a person could apply for registration for a long period (more than six months) of living in an apartment rented from the state. The concept of “my apartment” was very conventional back then, but they couldn’t just kick a person out of the house with a residence permit.

As lawyer Yuri Akulov explained, now, no matter how long a tenant lives in rented housing, even if he has registration, he will not be able to apply for housing.

Is it possible to insure a rental property without the owner's permission?

You can insure rented housing, but only in favor of the owner of the property, who is the beneficiary of the contract. As Roman Smetanyuk, chief specialist of the underwriting department of Universalnaya Insurance Company, explained to us, an application from the insured and a lease agreement are sufficient for this. In this case, the presence of the owner is not necessary.

Property for which a lease agreement has not been concluded can be insured either by the owner or another person who has a property interest in this property, the expert notes.

Simply put, the policyholder must have a document confirming either ownership or right of use. A tenant who does not have a lease agreement has no legal basis for using the housing, and, accordingly, has no property interest and cannot insure this housing (this is clearly stated in the Law of Ukraine “On Insurance”, Article 4).

Next in the section:

• Department of Management UABD NBU results of activities and plans

An individual may transfer his living space to another individual for use for a certain fee only for the latter to live in it.

For such a transaction, the mandatory preparation of an agreement in writing is provided for in Article 674 of the Civil Code of the Russian Federation.

Article 674 of the Civil Code of the Russian Federation. Residential tenancy agreement form

1. The rental agreement for residential premises is concluded in writing.
2. A restriction (encumbrance) on the right of ownership of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least a year is subject to state registration in the manner established by the law on registration of rights to real estate and transactions with it.

The absence of an agreement does not mean that the transaction is considered invalid. If necessary, you can use the testimony of neighbors or documents that indirectly confirm the fact of transfer of housing for use for a fee. These could be receipts for utilities, receipts for the transfer of money for living in a rented apartment and other documents.

Advantages and disadvantages

They exist for both sides of the transaction.

For the tenant, if he wants to rent a house

Advantages:

• legally, the tenant does not bear any responsibility to the landlord; the owner of the apartment will be able to file a lawsuit against the tenant if he collects indisputable evidence for this; Without a written agreement, collecting such evidence is difficult or impossible, as the case may be;
• the tenant is not responsible for the property transferred by the owner of the apartment for temporary use;
• For late payment of rent or utility bills, the owner will not be able to demand a penalty in the form of a fine or penalty.

Flaws:

• the tenant can be expelled from the apartment without warning or explanation;
• The owner of the apartment has the right to simply change the locks and put the tenant’s things outside.

For a landlord who wants to rent out his premises

Advantages:

• if the owner of the apartment receives a more favorable offer for the monthly rent for renting out his home, he can evict the tenant without warning and move in a new tenant on more favorable terms;
• There is no legal document that obliges the landlord to pay mandatory taxes to the budget on the amount of income received.

Flaws:

• responsibility to the budget;
• risk associated with possible fraud.

What will it be?

The tenant is not responsible if the rental transaction is completed without a contract.

The owner of the apartment is responsible for non-payment of taxes to the budget from the income received from renting out housing.

The tenant has the right to demand 1 month’s notice to increase the monthly amount for renting the premises (Article 674 of the Civil Code).

Owner's risks

How to avoid being scammed?

Deception often occurs due to uncertainty and the lack of clearly stated conditions. Orally, you can reach some terms of the agreement, while counting on the integrity of both the landlord and the tenant. During the discussion of the terms of rental housing, each party needs to be convinced of the veracity of their intentions.

The tenant must make sure that the owner of the apartment is really in front of him, and require him to provide:

• passport;
• documents evidencing ownership of the apartment;
• receipts for payment of utility bills.

It would be a good idea to talk to your neighbors.

The landlord also has the right to require identification documents from the tenant. The landlord may require a deposit equal to one month's rent or two months' rent.

But a safer option would be to draw up a document that includes all possible risks and responsibilities for them.

A housing rental transaction without concluding a contract involves certain risks for both the tenant and the tenant. Even if an agreement is concluded, risks will remain. But if there is an agreement, it is easier to resolve disputes through the courts.