Properly renting out a room in a communal apartment according to the law is not an easy task. The owner will have to take into account legislative norms, the interests of neighbors, and practice. The relationship will need to be formalized in an agreement, and the tenants will need to be registered as tenants. To avoid disputes and mistakes, it is necessary to familiarize yourself with the legal aspects of the transaction in advance.
- Legal certificate
- Is it possible to rent out a room in a communal apartment?
- How to conclude an agreement
- Underwater rocks
Is it possible to move tenants into a communal apartment without the consent of the neighbors?
The Housing Code of the Russian Federation contains no obstacles to renting out living space in a communal apartment. According to Article 42 of the Housing Code of the Russian Federation, the owner of a room in a communal apartment also has a share in the common areas. This means that neighbors do not have the right to prevent the tenant from moving in and not allowing him to use the kitchen, hallway, bathroom and toilet.
When moving a tenant into your room, you don’t even have to ask your neighbors’ permission. Typically, claims arise in cases where the living space belongs to several people. In this case, any actions with real estate must be agreed upon with all owners.
At the same time, in order to avoid conflicts and maintain good relations with neighbors, it is better to conclude a written agreement with them. Otherwise, dissatisfied residents of a communal apartment can ruin the life of a tenant who is unlikely to decide to stay in such an unfriendly place.
Law on communal apartments, rules of residence
First of all, let's understand the term itself. The term “communal apartment” is not enshrined in official legislation. However, it is used at a regional level and refers to housing consisting of isolated rooms with several owners.
The rules for living in communal apartments are fixed in the Housing Code of the Russian Federation.
Thus, Article 41 defines the basic rights of owners to their rooms and to common areas (MOPs).
Article 42 explains how to determine shares of common property in a communal apartment.
And the content of MOPs in communal apartments is determined by Article 43.
Common areas are:
- hallway;
- corridor;
- kitchen;
- bathroom;
- toilet;
- balcony;
- dryer (if available).
The code contains other rules relating to living in these apartments, and further in the article we will adhere to these provisions.
Rights and responsibilities of residents
The rights of owners to their room are not very different from an ordinary apartment. They have the right:
- live in your room yourself or rent it out;
- sell, give, leave as an inheritance;
- unhindered use of common areas.
There are some restrictions. If the housing is not privately owned, but municipally owned, then the person lives here under a social tenancy agreement, and does not have the right to sell, give, etc., but can rent it out.
In addition to rights, there are, of course, responsibilities regarding residence:
- Maintain cleanliness both in your room and in common areas;
- pay for utilities, even if its premises are currently empty;
- adhere to the duty schedule;
- participate in apartment renovation;
- comply with ethical standards of behavior.
Rules and procedure for renting out living space
The secret to successfully renting out a room in a communal apartment includes several components:
- Preparation of a lease agreement.
- Placing an ad on various resources (or engaging an intermediary).
- Finding responsible tenants.
How to look for tenants - on your own or through an agency?
The help of a realtor will save time spent on numerous home showings. In addition, the realtor will draw up an individual agreement, which only needs to be signed by both parties.
It is convenient to use the services of an agency if the property is located in another region where the owner does not live. The disadvantage here is the need to pay for the services of a real estate agency. Also, the realtor does not guarantee quick delivery of housing.
When completing a transaction through a real estate agency, make sure it is reliable. In some cases, a fraudster may appear under the guise of a realtor.
Carefully check the accuracy of the documents of the company and its employees. If an agent demands money, make sure he has the right to do so.
An independent search for tenants can be crowned with success in a short time, because many are looking for offers directly from the owners. However, without outside help you will have to spend a lot of time presenting the property to future residents. Also, an inexperienced landlord may not recognize a fraudster or an irresponsible person in a potential tenant.
Where to advertise?
Here are several platforms where it is convenient to place ads:
- Social media. One option is to post an ad on your page asking for a repost. To ensure that the text is seen by as many people as possible, add special hashtags, for example, real estate, rent, housing from the owner, room rental and others. It would also be useful to take advantage of thematic groups about real estate.
- Such Internet portals as “Avito”, “Yula”, “Cyan”, “From Hand to Hand”, “Real Estate on Yandex”, etc. will help you find a tenant.
- Printed publications about real estate.
- The least effective methods include posting notices on special boards at entrances. You can also place a banner on the window of the room on the street side with the text “For rent” and indicating the phone number.
Given the high competition in the rental market, dozens of offers from owners appear on websites every day. As a result, your ad will quickly drop to the bottom of the search. To prevent this from happening, update your ad regularly or make it a paid ad.
Is it possible to?
Is it possible to register yourself and register another person in a communal apartment?
You can register in a communal apartment yourself.
Anyone who lives in it legally , be it a social tenancy agreement or property rights, as well as family members of such a person have every right to do so.
This does not require the consent of all residents of the communal apartment, but written confirmation from those living in a particular room is required.
How to make everything official?
To protect yourself from property damage, late payment and other troubles, you need to draw up a rental agreement.
When concluding an agreement for twelve months or more, the document must be registered in Rosreestr , in accordance with paragraph 1 of Article 609 of the Civil Code of the Russian Federation.
Often, room owners try to rent out living space in circumvention of the law. Considering that taxation occurs over an annual period, the owners enter into a contract with the tenants for eleven months, and after the expiration of time they sign a new contract. However, concealing additional income without paying taxes results in criminal or administrative liability (depending on how much taxes were not paid).
Criminal liability occurs quite rarely , since in this case the owner must receive a profit of several million rubles over three years. Such violators are subject to fines of up to 300,000 rubles, forced labor or imprisonment.
Administrative liability entails a fine of twenty percent of the debt amount.
To avoid punitive measures, you need to regularly pay tax on profits received from renting out an apartment. Its size is 13% of the amount received over 12 months. Every year, the owner must submit a declaration in Form 3-NDFL by April 30 and pay the tax by July 15.
What to do if neighbors rent out an apartment by the day
- personal data of the applicant;
- essence of the issue: the requirement to verify tax revenues and the presence of individual entrepreneurs;
- demand for punishment for illegal actions.
Due to the threat of terrorism, the possibility of a gas explosion or other dangers to the lives of other people, authorities are required to respond promptly to such statements. In the application, you can indicate the requirement to verify the owner’s payment of income taxes and provide your evidence. Contacting the police Constant noise, violation of living conditions and conflicts with other residents may lead to a call to the police.
The application is written to the district police officer, who will be obliged to respond to this request. The data specified in the document must be real and represent verified facts. It is better if the appeal to the district police officer is signed by those around you, other neighbors.
How to draw up a contract correctly?
The most important thing when drawing up a document is to take into account controversial situations, without relying on the apparent integrity of the tenant.
As a rule, the contract specifies the following information:
- Passport details of both parties.
- Subject of the agreement (address of the room, area, list of furniture and household appliances).
- Accommodations.
- Rental periods.
- The amount of payment for the premises and utility bills, which may include electricity, cold water, Internet, etc.).
- Payment method.
- List of residents who will live in the room and the possibility of accommodating additional persons.
- Possibility or impossibility of subletting the premises.
- Rights and obligations of each party. Be sure to indicate how often the owner can visit the tenant. Also consider situations involving possible property damage and liability for damage caused.
- Conditions for termination. It is indicated in which cases it is possible to terminate the contract by agreement of both parties.
Differences between hiring and renting premises
Sometimes, some people use the terms hiring and leasing interchangeably.
However, these are completely different concepts. If the rental of residential premises is regulated by Chapter 34 of the Civil Code of the Russian Federation, then hiring is mentioned in the thirty-fifth chapter of the Civil Code of the Russian Federation. The difference between two words that are similar in meaning is as follows: a lease agreement is concluded upon transfer for temporary use to a legal entity. The rental of housing for an individual is secured by a lease agreement. In addition, if only residential premises are rented out, then the following are leased :
- offices;
- warehouses;
- production areas, etc.
A rental agreement involves the lessee and the lessor, while a lease agreement involves the lessor and the lessee.
Renting a room in a communal apartment is much more difficult than renting a standard living space. The main problem relates to the need to take into account the opinions of other residents. However, despite all the difficulties, if you wish, you can always achieve the desired result.
How much can you rent out a room in Moscow for?
As we have already said, prices for renting a room in a Moscow apartment vary. The main factors influencing the price of a room are the following:
- district (district) of Moscow;
- transport accessibility;
- directly living conditions in the room itself.
The minimum cost of a room of 10 square meters. meters today is 10 thousand rubles. If your apartment is located within walking distance from the metro (for example, 1 minute on foot), then the price for such a room will increase to 13 thousand rubles, and if this room is close to the center, then the cost of the room will increase to 15 thousand rubles. Accordingly, if the room area is larger, then the price is higher. Your requirements may also affect the cost. For example, if you are ready to let two people into such a room, the minimum cost of the room will be 13,000 rubles, even if the room is not located in the center or near the metro.
Where to begin? We are writing an advertisement
Before writing the ad text, think about what kind of residents you want to see “in your walls”: students, a young couple (with or without children), single middle-aged working people? Does their gender, age, nationality, educational level matter to you? Do you allow residents to have pets (from dogs to aquarium fish). Do you have any special requirements?
The ad must be universal. The kind that can be posted on poles, placed in a local newspaper or a newspaper with free advertisements, or on an Internet resource. Therefore, present everything clearly and concisely, indicating the most important details:
- Who are you willing to rent out your living space to (for example, “I’ll rent out a room to a single female student” or “To a young family without children or animals”)
- Room size, number of rooms in the apartment, number of floors in the house, availability of utilities (electric or gas stove, centralized hot water supply or boiler, etc.)
- Presence or absence of furniture
- Distance (in minutes or meters) to the nearest metro station or other transport
- Price
- Your contact details and a time convenient to contact you
There is no need to overload the ad with details. When you call, the potential tenant will ask clarifying questions himself, and when he comes to view, he will see everything that interests him with his own eyes. The more concise and clear the ad, the greater the chance that it will be read and the offer will be quickly responded to.
If you plan to hang your ad “on poles,” don’t forget about the “tails” with a phone number. And in the text itself, write the contact phone number large and legibly - for those who find it more convenient to film the ad on a smartphone.
Who benefits from renting and renting a room?
The question is rhetorical. The benefit is mutual. The owner of an apartment consisting of several rooms may only need one. The rest “stand as dead weight”, only requiring additional efforts to maintain cleanliness and costs for utilities. After all, they still need, at a minimum, heating.
Renting out “unnecessary” rooms allows you to reduce costs and even get an increase in income. In addition, with a successful combination of circumstances, a lonely person (namely, those who usually rent out rooms) receives a “living person in the house” who, if something happens, can provide the necessary help. For example, call a doctor.
Rooms are rented by young people who do not yet have their own home, but who are trying to “move out from their parents,” visitors who have not yet decided whether to “put down roots” in a new place, students, business travelers. In a word, people who need to live somewhere, and a room is a more profitable option than a separate apartment.
So “rented” rooms are a very popular product on the real estate market. However, the same applies to individual apartments.
