Increasingly, the population of our country began to move between regions in search of better working conditions and high wages. And to achieve this goal, first of all, in a new place you need to find housing and register, at least temporarily. This will legally allow you to be in the new city.
According to the law, the owner of the apartment must conclude an apartment rental agreement with the tenant even without registration, but in reality such a procedure is often overlooked, and both parties to the transaction may suffer in such a situation. What you need to know to avoid conflict? Is it possible to get a temporary registration in a rented apartment? How is the registration of the apartment rental agreement? We will answer these and other frequently asked questions in the article.
Why do I need to conclude a lease
A lease agreement for a dwelling is a transaction between the owner and an individual who will use housing for a certain time. In accordance with the Civil Code of the Russian Federation, such a document spells out the rights and obligations of both parties, the procedure for resolving disputes, and the lease time. It is compiled in writing, signed by both parties. At the same time, a notary or state registration of an apartment rental agreement is not necessary. But in order to reduce risks and protect yourself when concluding a transaction, it is best to register a rental agreement.
State registration - what is it?
Registration of an apartment rental agreement means a procedure carried out by specially authorized state registration authorities. During registration, information about the owner, the fact of the use of housing by a third party for living for a specified period specified in the contract is recorded. If the rental period is not specified in the document, then the default period is 5 years. Let’s figure out who needs to register an apartment rental agreement?
Who is interested in registering?
The employer can benefit greatly. Registration of an apartment rental agreement with an individual is a kind of insurance for him in case the owner decides to sell the property. Since until the agreement expires, no one will be able to prevent the use of the leased premises. An exception can only be a court decision to terminate the transaction. The owner has the right to sell the apartment, but for this he must warn the tenants and the future buyer. If everyone is happy with the situation, then after the sale contract is completed, the new owner renegotiates the lease on the same terms. The term may not be less than specified in the original document.
In case of disagreement, the state registration of the transaction makes it easier for the two parties to settle the legal relationship in court. This is a very important point for the injured party, as it gives great chances for their protection. Examples of conflicts that may arise are:
- collection of rent;
- early termination of the transaction;
- compensation for damage that may be associated with damage to property, etc.
The landlord can use such a contract as confirmation of additional income, which is useful when applying for a loan. Please note that any income in Russia is subject to taxation, and, accordingly, the amount received from the lease should be reflected in the tax return.
So, we found out that the apartment rental agreement is subject to registration.
How and where should registration take place?
Register a lease is not difficult. After the parties have signed an agreement, a state fee should be paid. In this case, it is better to initially specify in the contract a clause on whom the responsibility for payment is assigned, it is possible to divide it into equal parts and assign it to both parties to the transaction.
During the registration of an apartment rental agreement with a government agency, the presence of all parties to the agreement is required. Each participant in the transaction must have a passport and one copy of the contract of employment, and the third is transferred for storage to the registering authority. At the same time, an act of transfer and acceptance of the apartment may be necessary if it is indicated in the contract as a mandatory part, and also if an attorney is present in the transaction, a power of attorney is required.
If one of the parties to the transaction is a legal entity, then the papers are submitted: certificate of state registration and registration with the tax inspectorate, the charter of the organization, the minutes of the meeting on the appointment of management, an order for the head to take office, a valid extract from the Unified State Register of Legal Entities.
If there are minors or legally incompetent children whose shared ownership includes rental housing, the landlord must submit a registration permit for the transaction from the local guardianship authority. If there are many owners of the apartment, then their notarized consent is provided.
Important additions
If the term of the lease agreement has expired, then the tenant retains the advantage for further rental housing. If the owner continues to lease his housing, then first of all he must offer to conclude a deal to the old tenant. Moreover, the terms of the new deal may be completely different.
When renewing the agreement for a new period, it is also necessary to go through the registration procedure. For all documents, contact the Rosreestr, where an additional agreement will be concluded to the existing rental contract for the premises.
Upon termination of the contract does not automatically remove the burden on the housing. To release property from a third party, you should contact the Rosreestr with a special appeal.
Apartment rental agreement and temporary registration
According to the legislation of the Russian Federation, temporary registration is possible. When concluding a tenancy agreement, you have the right to expect that the owner will register you for the duration of the lease. Of course, many owners are worried about this situation, they are afraid that after registration the guests will present requirements for the rented living space. In fact, the conclusion of this document gives him only the right to reside.
It should be remembered that temporary registration does not deprive you of permanent registration. If a temporary tenant has purchased furniture, appliances or repairs, this does not give grounds to claim part of the property in the rented apartment.
In this case, the owner has the right to register any citizens on his territory, if this, of course, does not violate the law of the Russian Federation.
Residence permit for children
At the same time, temporary residents are allowed to register their children on the leased territory without coordination with the owner of the housing. Very often, citizens prescribe them for a longer period, in order to further legally renew their registration. The execution of the transaction and the registration of the tenant are beneficial for both parties, because if a conflict occurs, all issues can be quickly resolved using the current legislation.
You can apply for temporary registration at the IFC offices or through the State Services portal.
Resident Responsibility
Arranging a temporary residence permit with the owner is only the first step.You must clearly understand that such a lease entails a certain obligation and possible material costs.
Although, according to the housing code, only the owner of the premises is personally responsible for the repairs, for the observance of sanitary conditions and payment of utility bills. Therefore, it is best to share this responsibility with the tenant, and the contract must describe the responsibilities of each of the parties.
Before renting out the property, the lessor needs to make sure that all necessary metering devices are installed and in good working order.
We examined how the registration of an apartment rental agreement between individuals proceeds.