Power of attorney for renting out an apartment: a sample document when it is necessary to conclude an agreement from the owner between individuals and is this possible without a notary?

In what case might it be necessary?

There are life circumstances in which the owner of the property is not able to personally manage it:

State of health (in this case, a notary can be invited to your home or hospital).
Note! The head physician of the hospital has the right to certify only wills.
Residence or temporary stay abroad (such powers of attorney are issued at consulates).
Serving a prison sentence (powers of attorney certified by the head of the correctional institution are equivalent to notarial ones).
Service in the armed forces of the Russian Federation. If there are no notary offices at the deployment points, their responsibilities are assigned to the unit commander.
Staying in institutions for social protection of the population (the administration of such institutions has the right to independently certify powers of attorney).

Powers of attorney are issued not only in cases where there is no other legal way to rent out an apartment, but also for quite ordinary reasons, for example:

the rental of the apartment will be handled by a real estate agency;
the owner does not have the time, knowledge, necessary skills, or simply does not have the desire to personally conduct negotiations and conclude transactions;
the attorney is given only part of the authority, for example, only searching for tenants, or only signing an agreement.

Kinds

Depending on the breadth of powers transferred to the authorized person, there are 3 types of powers of attorney.

General

In such a document, the Principal gives the Attorney complete freedom to act on his behalf. The range of powers is so wide that it presupposes legal representation in all organizations, and includes the right of subrogation, notarial transactions, and disposal of financial resources.

Important! Such a power of attorney can only be certified by a notary or, in certain circumstances, officials equivalent to him (ship captains, heads of correctional institutions, consuls, etc.).

One-time

Issued for one specific transaction. The Principal instructs the Attorney to conclude a lease agreement for a specific object under certain conditions (as a rule, pre-agreed, and sometimes specified in the assignment agreement).

The descriptive part of such a document usually indicates “to perform any actions related to the execution of the order.” Thus, the Attorney, on the one hand, is endowed with broad powers, but on the other hand, he is strictly limited in resolving issues not related to the rental of an apartment.

Special

Limits the rights of the trustee to one or more assignments. Such a power of attorney can, for example, be issued to an employee of a real estate agency; within the framework of the allocated powers, he will be able, for example, to search and select tenants, but will not be able to sign an agreement and receive money for rent.

The type of power of attorney is not regulated by law, and the Principal can independently draw up a text describing the rights of the authorized person.

Powers under a power of attorney can extend both to the period before signing the contract and to the entire period of rental of housing.

Power of attorney from the owner to rent out an apartment

The trustees are always the owners of real estate who, for some reason, cannot deal with the delivery and other operations themselves. There may be many reasons for this:

the owner may live in another city, region, republic or country;
the owner has no free time;
owner's illness;
and many other circumstances.

The owner of the property can entrust the authority to manage the apartment to anyone. This can be any individual, such as a relative, friend or acquaintance.

However, most often the document for trust management of real estate is concluded by the owner of the property with real estate agents. What does it mean?

Trust management is the procedure for leasing residential premises (for example, an apartment) on favorable terms.

In what form is it drawn up and its mandatory clauses?

The power of attorney is drawn up in one copy in the official language of the country where it will be used. Legislative requirements for the form are reflected in Article 185 of the Civil Code of the Russian Federation. To recognize a power of attorney as legally significant, it must correctly reflect the following data:

Date of certification. A power of attorney that does not indicate the date of issue is not considered valid (clause 1 of Article 186 of the Civil Code of the Russian Federation).
Information about the Principal, on the basis of which a conclusion is made about legal capacity (for legal entities) or legal capacity (for individuals).
Data of the Representative confirming that he is a person (individual or legal) about whom the state has information.
Address of the rental property, its technical characteristics, registered ownership rights and encumbrances.
The description of the Representative’s powers should reflect as much as possible the essence of the actions entrusted to him. Excessive and ambiguously interpreted rights can lead to undesirable consequences.
Handwritten signature of the Principal.

At the end of the document, in separate paragraphs, the validity period and the right of subrogation are indicated.

For reference: Incorrect indication of the required details leads to the recognition of the power of attorney as void or issued with defect. Transactions concluded on the basis of such a document may be challenged in court.

The contract must be drawn up correctly!

Concluding an apartment rental agreement requires knowledge of the rules established by law. And remember that the type of document is determined by its content.

If you are not worried about your home or are simply renting it out to your loved ones, learn how to draw up a simple apartment rental agreement. This way you will at least be sure that you will not be deceived.

This means that a contract of employment is concluded between individuals. The tenant must verify the competence of the owner of the apartment and the condition of the property located in it. You can make an inventory when concluding an agreement.

Remember! A correctly drawn up sample of a standard apartment rental agreement will protect both parties from possible troubles.

Do I need to have papers certified by a notary?

Theoretically, a power of attorney can be drawn up in either simple written or notarial form. But in practice, a document not certified without a notary may cause a refusal to sign a lease agreement and its subsequent registration with government authorities.

In order to draw up a notary form, the Principal must personally visit the notary office, providing:

documents for the apartment (enough copies);
names of government agencies and private companies for representation before which a power of attorney is issued;
You can prepare the text of the power of attorney yourself, or use the technical services of a secretary at a notary office.

To certify a power of attorney:

Individuals provide the original passport of a citizen of the Russian Federation (or a document equivalent to it). If the notary has doubts about the legal capacity of the persons specified in the power of attorney, he may refuse certification.
Legal entities provide originals of statutory documents:
tax registration certificate (TIN);
articles of association from the owner;
company charter;
order or decision on the appointment of a director;
passport of the person representing the executive body of the company;
seal.

There is no need to order or bring an extract from the Unified State Register. The notary himself requests it in the state register (Federal Law dated July 13, 2015 No. 259-FZ). Be prepared for the fact that receiving the document may be delayed and take up to 3 business days.

Registration and state fees

Depending on which notary office the power of attorney is executed in, private or public, the tariff is determined differently - either in accordance with established standards or by agreement of the parties.

The fee for notary services includes:

fee for performing notarial acts;
cost of technical work.

The state fee for registering a lease agreement is paid by the person who submits the documents to Rosreestr. This can be done by either party to the transaction individually or all together. Registration services cost:

To conclude a rental agreement from the owner between individuals - 2,000 rubles.
For legal entities – 22,000 rubles.

Note! If Rosreestr services are jointly paid by an individual and an organization, then each pays half of their tariff. Thus, the registration amount will be 12,000 rubles.

Short-term employment contract: what is it?

A short-term contract is one whose duration is less than one year . If you need a sample apartment rental agreement (daily), use the form below. Here it is written how to draw up a short-term contract correctly.

Sample apartment rental agreement: short-term.

Rights and obligations

When concluding such an agreement, the employer is not assigned the right of advantage upon expiration of the rental period.

It is impossible to move in temporary residents even if the owner of the premises is informed.

In cases where the tenant vacates the premises (moving, death), his relatives who previously lived with him are obliged to leave .

The owner of the premises can evict the tenants if the terms of the contract are violated as soon as possible.

The terms of the lease agreement determine what rights both parties to the transaction have and do not allow them to neglect their responsibilities.

Many owners ask: “How to draw up an apartment rental agreement (download sample, word format above) so as not to pay tax?” — The answer is simple, not legally. When renting out an apartment, the owner is required to submit an income tax return. The only way is to rent and lease without a contract. But this method will cause a number of problems with the law.

Validity

The duration of the power of attorney can be any, there are no legal restrictions.

You can limit an action not only by date, but also by the occurrence (or non-occurrence) of a certain event. Documents without indication of expiration dates are recognized as valid one year from the date of issue.

Article 188 of the Civil Code of the Russian Federation defines cases of automatic termination of a power of attorney:

all instructions described in the document have been completed or are no longer relevant;
the data specified in the power of attorney has changed, for example, the owner of the apartment has changed;
bankruptcy of the Lessor has occurred, in which the person is deprived of the right to issue powers of attorney;
the attorney was declared incompetent or missing.

Termination

In accordance with Art. 450 of the Civil Code of the Russian Federation, apartment rental contracts are terminated:

By agreement of the parties;
By a court decision in case of violation of the terms of the contract by one of the parties;
By a court decision for reasons established by law;
In case of failure of counterparties to fulfill their obligations.

The court terminates the contract at the request of the owner if the tenant worsens the condition of the property or uses it in violation of the terms of the agreement or periodically delays rent.

The tenant can go to court if the property owner does not comply with the terms of the contract.

If the agreement is terminated due to violation of the terms of the contract, the injured party has the right to demand compensation for losses.

How to terminate a contract early?

Termination of an apartment rental agreement is possible at the initiative of one of the parties; it is necessary to provide the counterparty with a notice of termination of the agreement.

The initiator draws up a notice 3 months before termination of the contract. The document is passed from hand to hand or sent by mail . In the second case, the countdown begins from the date indicated on the stamp.

To avoid possible problems, the notice must include the wording “unilateral refusal to comply with the terms of the rental agreement”

The notification must include the following items:

Data of the parties to the transaction;
Details of the document and reasons for its termination;
Termination date of the agreement and other clarifying conditions;
Signatures of the parties and date of preparation;

The counterparty is obliged to respond to the notice within a month from the date of receipt.

Sample notice of termination of an apartment rental agreement.

Agreement on termination of an apartment rental agreement: sample.

Sample termination of an apartment rental agreement.

How to revoke a document?

A power of attorney is not an agreement, but is a unilateral transaction, that is, to complete it, the will and signature of only one party, namely the Principal, is sufficient. For revocation (cancellation), only the written desire of the person who issued the power of attorney is sufficient. The attorney's consent is irrelevant.

There can be many reasons for revoking a power of attorney, here are just a few of them:

loss of trust;
change in life circumstances;
refusal of the Attorney to carry out the assignment;
termination of contractual relations, etc.

Powers of attorney drawn up in simple written form can be revoked on your own. To do this, it is enough to pick up the document and notify the interested parties, including the authorized representative, in writing about the revocation of authority. Notarized powers of attorney can only be revoked with the help of a notary.

Important! Without a formalized revocation of the power of attorney, the Representative has the right to continue to act on behalf of the Principal.