At what age can you rent an apartment in the Russian Federation: rules + sample agreement

Greetings, dear reader!

In this article I propose to discuss the legal aspect of the separation of a teenager from his family. Your humble servant has studied the legal framework, studied the opinions of official sources, and the position of legal practitioners in order to find the answer to the question: at what age can you rent an apartment and start an independent life?

I’ll be honest: official sources are avoiding a direct answer. Practicing lawyers, on the contrary, are willing to speak out, but their legal positions are sometimes opposite.

What does the legislation of the Russian Federation say?

The law directly determines the place of residence of a person under 14 years of age - this is the place of residence of his parents, adoptive parents or guardians (hereinafter referred to as legal representatives) (Article 20 of the Civil Code of the Russian Federation).

With citizens who have crossed the fourteen-year mark, everything is not so simple. According to Art. 17 of the Civil Code of the Russian Federation, the legal capacity of a citizen - the ability to have civil rights and obligations - begins from birth and ends at the moment of death.

The right to choose a place of residence refers to general legal capacity (Article 18 of the Civil Code of the Russian Federation). The Civil Code of the Russian Federation does not contain special rules limiting the choice of place of residence for adolescents from 14 to 18 years old.

At the age of 14 a person receives a passport, and at the age of 17 he registers with the military. Is it really necessary to wait until you turn 18 to rent a separate apartment if you have the desire and opportunity to start an independent life before the official age of majority?

To legally rent an apartment, you need to solve two problems:

• conclude a rental agreement for residential premises;
• register separately from your parents if the apartment is rented for a period exceeding 90 days.

For a teenager from 14 to 18 years old, both tasks are completely solvable, subject to the written approval of legal representatives. Well, and money, of course.

At the age of 14, a person has the right to make any transactions on his own behalf if his legal representatives approve these transactions (Clause 1 of Article 27 of the Civil Code of the Russian Federation). And he has the right to rent an apartment.

Upon reaching 14 years of age, citizens have the right to independently apply for state registration at their place of residence, including through the portal gosuslugi.ru (clause 2.1. Order of the Ministry of Internal Affairs of Russia dated December 31, 2017 N 984).

Victor Petrovich

6 years of experience as a lawyer and almost 4 years in the real estate business

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How do guardianship and trusteeship authorities evaluate the residence of a minor in a separate apartment?

Here, the provisions of the Civil Code of the Russian Federation are in some conflict with the Family Code. Article 54 of the RF IC secures the child’s right to live and be raised in a family. Exceptions are cases of child abuse or neglect. Moreover, the long-term absence of legal representatives can be considered by the guardianship authorities as grounds for recognizing a child as left without proper care (Article 121 of the RF IC). That is, family law connects upbringing and cohabitation. Therefore, some lawyers believe that if, according to the Family Code, a person under 18 years of age is recognized as a child, then he must live with his mother and father as long as he is a minor. Others argue that a person of fourteen years of age who has a passport has the right to pack a suitcase and go rent a separate apartment without having to answer to anyone. To resolve this conflict, let us pay attention to Art. 36 of the Civil Code of the Russian Federation, which provides for the possibility of separate residence of a guardian with a ward who has reached the age of 16 years, if living in separate apartments does not cause negative consequences for the ward. Applying civil legislation by analogy, we can conclude that renting an apartment for separate living by agreement with parents (adoptive parents) is possible from the age of 16. This does not contradict either family or civil law. At the age of 16, a person receives not only an expanded list of rights, but also greater responsibility. 16 years is the age of general criminal and administrative responsibility (Article 20 of the Criminal Code of the Russian Federation, Article 2.3 of the Code of Criminal Procedure of the Russian Federation). The Labor Code of the Russian Federation allows 16-year-old citizens to work 36 hours a week. That is, almost on a par with adults. 16 years is recognized as the age of sexual consent. Renting, or rather renting, an apartment for a period of more than 12 months requires state registration with Rosreestr. According to the Law “On State Registration of Real Estate”, an application for registration is submitted no later than a month from the date of conclusion of the apartment rental agreement.

Is it possible to rent an apartment at 15 years old without parents?

At the age of 15, the legal status of a citizen does not change significantly, unless he completes the 9th grade and goes to study at a secondary vocational education institution. In this case, the Ministry of Education and Science provides the opportunity to rent a room in a student dormitory (see Letter dated July 27, 2007 No. 1276/12-16). Paragraph 29 (1) of the Government of the Russian Federation No. 713, which regulates the rules for registration and deregistration, provides for the right of citizens studying full-time in secondary vocational education programs (usually citizens 15–18 years old) to register at their place of residence in the hostel where they rent a room. The question of renting an apartment for independent living at 15 years old remains open. If we consider education as an argument in favor of protecting the interests of a minor, renting an apartment at this age is possible if there is a relative (trusted person) who has custody of the minor and visits the minor. Moreover, from the age of 15, a person himself gives consent to carry out the necessary medical procedures (Article 20 of the Federal Law “On the Fundamentals of Protecting the Health of Citizens”).

Is it possible to rent an apartment or room at 16 years old?

A child over 16 years of age can rent a separate room or apartment by agreement with legal representatives.

What is the best way to rent without being scammed: step-by-step instructions

Registration of renting an apartment must be done in the following order:

1. First you need to contact the owner of the property and arrange a meeting.
2. The next step is to inspect the rental property.
3. If the tenant is satisfied with everything, he must ask the owner to show the documents. A similar requirement is imposed on the future tenant.
4. After agreeing on all the conditions, the parties must enter into a lease agreement between themselves.
5. The final step is to pay the fee, receive the keys and move into the rented apartment.

How to check documents, what to pay attention to?

One of the important stages when renting real estate is studying the documents of its owner . So, in order to protect yourself when renting, you need to carefully check the landlord’s documents, such as:

• passport of the apartment owner;
• an extract from the Unified State Register of Real Estate confirming the ownership of the rental housing - here it is necessary to ensure that the specified name matches the passport data;
• receipts for payment of utilities - if there are debts for previous periods, then you need to demand that the owner pay them off promptly.

Competent inspection

Before concluding a lease agreement, you need to carefully inspect the living space . Particular attention should be paid to the following points:

• condition of wiring and plumbing;
• operability of household appliances;
• general condition of furniture and other items in the apartment, etc.

All property located inside must be included in the transfer and acceptance certificate. Moreover, opposite each unit, its condition should be described in detail. In the future, this will avoid disputes and unfounded claims on the part of the owner of the rented living space.

How to conclude a contract correctly?

When renting housing, one of the mandatory procedures is concluding a lease agreement . Thanks to this document, both parties have the opportunity to protect their interests.

Typically, a standard lease agreement includes the following clauses:

• subject of the agreement;
• rights and obligations of the lessor;
• powers and obligations of the tenant;
• the procedure for organizing settlements between the parties to the transaction;
• the responsibilities borne by the tenant and the owner;
• reasons for early termination of the lease agreement;
• duration of the agreement;
• procedure for resolving force majeure situations;
• additional conditions.

When and how is it paid?

Particular attention should be paid to the procedure for paying for accommodation in a rented apartment. The main payment terms that must be included in the contract include the following:

• currency in which further payments will be made;
• the amount of the deposit paid (if such a condition exists);
• monthly rent amount;
• the date before which the lessor must receive the money;
• method of transferring rent (to a bank account, payment in cash).

Rental agreement with a minor without parental permission and liability

If the parents, having learned about the actual agreement for renting an apartment with a minor from 14 to 18 years old, give their written approval, then everything is in order (paragraph 2, paragraph 1, article 26 of the Civil Code of the Russian Federation).

A sample contract can be downloaded here.

However, before renting out an apartment to teenagers, it is better to enlist the support of their legal representatives in advance: there is a high risk of non-recognition of the deal.

Responsibility of the landlord for renting an apartment to minors

• A rental agreement for an apartment (room) with a minor under 14 years of age without the approval of legal representatives is considered a void transaction (Article 172 of the Civil Code of the Russian Federation). The competent counterparty compensates the minor for actual damages incurred.
• If an apartment (room) is rented by a minor from 14 to 18 years old and the legal representatives are against it, the contract may be declared invalid upon their application (Article 175 of the Civil Code of the Russian Federation). They also have the right to demand compensation for damages.
• An agreement with a minor that is not confirmed by the written consent of the parents can be assessed by the court as a transaction made for the purpose of being contrary to the foundations of law and order and morality (Article 169 of the Civil Code of the Russian Federation). This is how transactions that violate the foundations of parent-child relationships are assessed. The court has the right to recover all funds received for the apartment in favor of the state (clause 85 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated June 23, 2015 N 25).
• Inability to recover compensation in case of damage to property in an apartment rented in this way. There is no legal relationship between the tenant and the landlord without the approval of legal representatives.
• If the apartment is rented for a period of more than 12 months, and you do not register the transaction with Rosreestr, your actions are qualified under clause 2 of Art. 19.21 of the Code of Administrative Offenses of the Russian Federation – failure to comply with the procedure for registering rights to real estate and transactions with it. Liability – a fine of five thousand rubles for individuals; for entrepreneurs the fine will be one hundred thousand rubles; if the apartment is registered to a legal entity, the fine is two hundred thousand rubles. Responsibility lies with the legally capable party who delays or prevents the registration of the transaction.
• If an employer (not necessarily a teenager) rents an apartment from you and lives in your premises for more than 90 days, without notifying the official authorities about the change of place of residence, your actions may be regarded as participation in violating the terms of registration and registration of citizens of the Russian Federation. Responsibility for the landlord for such a violation is provided for in paragraph 3 of Art. 19.15.2. Code of Administrative Offenses of the Russian Federation. The fine will be from two to three thousand rubles for an individual. If the apartment is registered to a legal entity, the fine is from four to seven thousand rubles. In Moscow and St. Petersburg, fines for this violation are higher: from three to five thousand rubles for citizens and from four to seven thousand rubles for legal entities.
• If the competent authorities consider (and they will) that you are renting out an apartment for regular profit and you are not registered as an individual entrepreneur, your actions will be qualified under Art. 14.1 Code of Administrative Offenses of the Russian Federation. This will be followed by additional accrual of the amount of unfulfilled tax obligations.
• If parents are beside themselves with anger, they have reason to suspect that their child has been involved in illegal (immoral) activities; the possible consequences are a statement to law enforcement agencies. An inspection will be carried out.

Victor Petrovich

6 years of experience as a lawyer and almost 4 years in the real estate business

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Do you have to be an adult?

Checking documents is a mandatory condition when renting an apartment on a daily basis; some owners will even confiscate passports for the entire duration of their guests’ stay. An agreement can only be concluded with an adult citizen. How can I rent an apartment for a day if it’s not 18? There can be two options. The first is that the contract will be concluded in your place by one of your adult friends, accompanying persons or parents.

The second way is to try to negotiate with the owner. But it should be remembered that apartments are rented out to minors extremely reluctantly. Any owner is worried about his property and is afraid of noisy companies that can destroy all the furniture and break the dishes. The chances that a stranger will cooperate are small - so it’s better to find someone in whose name you can conclude an agreement.

Daily rental of apartments is in great demand these days - it is convenient and profitable for both owners and guests. By choosing an apartment responsibly, you will not be disappointed and will probably resort to this method more than once during your travels.

Will homeowners have problems if they rent it out to children for a day?

Again, it all depends on the position of the parents, the age and behavior of the children in the rented apartment. If teenagers aged 16+ rent an apartment for quiet romantic evenings and their parents have no objections, most likely no sanctions will follow. If a house is rented by thirteen-year-old rowdies who behave noisily, throw garbage out of the window, and insult the residents, they will soon be complained about. The owner of the apartment will be responsible, at a minimum, for violating the rules of cohabitation and violating the requirements for the operation of premises. The amount of the fine established by the Code of Administrative Offenses of the Russian Federation is from five hundred to one thousand rubles for citizens, from one thousand to two thousand rubles for entrepreneurs. It is also possible to suspend business activities. It is more than likely that the activity of renting out apartments for daily rent will be recognized as an entrepreneurial activity and additional taxes will be charged.

How to create comfort, arrange and decorate without special expenses?

When settling into a rented home, every person strives to make it as comfortable as possible, since the environment affects the mood. However, carrying out repair work in this case is inappropriate.

To transform your rental property at minimal cost , you can use such useful tips as:

• if the apartment has a cornice, then curtains with beautiful colors can be hung on the windows;
• lay a soft and pleasant-to-touch carpet on the floor;
• arrange decorative interior items around the apartment (figurines, vases, candlesticks, etc.);
• hang a beautiful picture on the wall;
• lay a tablecloth in pleasant colors on the kitchen table, etc.

In general, it is worth noting that the issue of renting housing should be approached no less seriously than buying real estate. At the same time, it is very important to carefully study the owner’s documents, inspect the living space, and also delve into the text of the contract in detail.

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Situation abroad

In most countries, the age of majority, as in Russia, is 18 years. From this moment on, grown-up people can, without asking permission, rent a separate apartment or room. Unless they prove their complete financial independence earlier, by the age of sixteen.

At what age do you start living independently is largely a matter of finances. In the United States, a country that encourages independence, there is a phenomenon of so-called “boomerang children” who returned to their parents’ home after failure at work and in their personal lives.

In Mediterranean countries - Spain, Italy, Greece - family ties are traditionally so strong and houses are so spacious that their residents find it difficult to sell mortgages and rent out apartments. Children of thirty years old living together with their parents in the same territory is not uncommon in these parts.

These trends are labeled as negative: “the phenomenon of clipped wings.” Governments of developed countries are working to ensure that citizens gain financial independence and the opportunity to start their own families as early as possible.

Most often, young people in Western countries start an independent life by renting a room on a student campus. Then they rent apartments together and only when they are closer to 25 can they afford to rent a separate house.

Age restrictions on mortgages

Each banking organization has its own list of standard conditions, subject to which the borrower can be issued a loan for a long term. One of the most important requirements is the client’s full compliance with a certain age.

Moreover, each banking organization offers basic as well as special programs

Mortgage lending and age requirements may vary depending on the type of mortgage chosen.

Additional lending conditions will depend on the client’s age at the time of concluding the mortgage agreement:

1. The total period for which the banking organization will issue a loan;
2. Cost of the insurance procedure;
3. The total amount of the down payment on the mortgage;
4. The need to attract co-borrowers to obtain a loan.

In this case, the age range is established for both standard mortgage programs and preferential ones. It is worth noting that basic lending programs generally establish equal requirements for age restrictions, while when applying for a mortgage that provides favorable preferential conditions, more stringent requirements for the age of the borrower are provided.

If the mortgage agreement is concluded according to the basic program, the borrower must be at least 21 years old. However, some banks have set a minimum threshold of 20 years. In addition, the borrower must have a decent income in order to prove to the banking organization his own solvency.

The maximum age before which you can take out a mortgage varies from 60 to 65 years, while some banks issue loans up to 75 years. After this age, a mortgage loan cannot be granted.

When considering such an indicator as age, banks, first of all, take into account the total number of years at the end of mortgage lending.

Exceptions to the rules

Victor Petrovich

6 years of experience as a lawyer and almost 4 years in the real estate business

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An exception to the general rule is the emancipation of minors. The essence of emancipation is the legally established ability to make any transactions and choose a place of residence without notifying legal representatives until the age of 18.

Grounds for emancipation:

• achieving economic independence. If a sixteen-year-old citizen is employed or engaged in business, then, with the consent of one of the parents, he can submit an application to the guardianship authorities for recognition of his emancipation. In the absence of parental consent, a working 16-year-old teenager may apply to the court for recognition of full legal capacity;
• marriage before the age of 18 (Article 13 of the RF IC).

An emancipated young man has the right to rent an apartment on general terms.

Until what age can you live with your parents?

You can stay with your parents in the same apartment or house, without buying or renting your own home, for as long as you like. It is legal.

Another question: is it necessary? Everyone decides for themselves how long to live with their parents. What matters is the size of the living space, its quality, the state of bank accounts, and the existing relationships.

Perhaps one of you needs constant help, then living together is the best option. Or the whole family suffers a temporary financial collapse, then renting an apartment is an unaffordable luxury.

If one of the children or parents is against living together, then the force is on the side of the owner of the premises. Eviction of a close relative who has abused the hospitality of loved ones is possible through the courts.

Disputes about the division of living space that is in shared ownership of the family are also resolved in court. In general, if you do not want to live together for generations, no one can force you. And if you want, no one can separate you.

Independent living for teenagers: pros and cons

Victor Petrovich

6 years of experience as a lawyer and almost 4 years in the real estate business

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At what age should a teenager be allowed to live in a separate apartment? To rent or not to rent separate housing for a child under 18 years of age?

Let's consider possible doubts. Renting an apartment is more expensive than living with your parents. But you can rent an apartment by sharing with friends. Moms and dads of young tenants can communicate with each other. The child is under eighteen, so parents are afraid of possible claims from the guardianship authorities. But guardianship workers pay attention to children who are behind in their studies, drunk, or antisocial, regardless of their place of residence.

If a teenager consciously approaches education, earns money, and has a realistic plan for an independent life, why not support his desire to rent a separate room or apartment?

Maybe he will return for some time under his parents’ wing, and at the same time he will more deeply appreciate the opportunities that his family gives him. To ensure that a novice tenant is not left completely unattended and can ask for help at any time, it is better to rent your first independent apartment close to your family. The relationship will no longer be close. But sometimes listening to a teenager’s wishes and helping him rent an apartment or room is the only possible way to maintain contact with him. Even if a teenager has money and can start renting his first home himself, before reaching adulthood (emancipation), it is necessary to agree with his parents on this issue. If agreement on renting an apartment cannot yet be reached, it is better for the teenager to focus his energy on education and the labor market. It is allowed to work under an employment contract from the age of 14 (Article 63 of the Labor Code of the Russian Federation). And then, immediately after gaining full legal capacity, you will be able to rent your own home without asking anyone for permission. After all, renting an apartment is not only and not so much a legal possibility. To rent decent housing, you need a financial cushion.

Methods of renting housing

There are two main ways to find rental housing:

• through real estate agencies;
• independent analysis of rental offers from apartment owners.

Both options are described in detail below.

Through an agency or realtor

One of the most common ways is to contact realtors who can help you find a suitable option. However, this service is not free. If a rental agreement is concluded, the tenant will have to pay the agency a certain percentage of the monthly rental price.

In general, the search for housing through realtors is carried out in the following order:

1. Choosing a suitable real estate agency or private realtor.
2. Meet with a consultant and detail your expectations regarding rental housing.
3. Concluding an agreement for the provision of apartment search services.
4. Review of the proposed options.
5. Concluding a rental agreement with the owner of the apartment you like.
6. Payment for the services of a real estate agency or realtor.

Personally

This is a more difficult way to find housing, as it requires a lot of time and effort. Moreover, with this option, the chance of encountering scammers increases significantly. At the same time, the advantage is that there is no need to pay a commission to an agency or realtor.

So, the main ways to independently search for a rented apartment include the following :

• survey of relatives, friends and acquaintances;
• tracking offers posted by property owners on various Internet sites;
• posting advertisements looking for housing for rent;
• publishing a message about the desire to rent an apartment in various thematic groups (on social networks), as well as viewing the proposed options.