How to correctly draw up an inventory of property when renting out an apartment

The need to draw up an inventory of property may arise in the process of implementing various types of civil law relations. Regardless of the type of legal relationship, the purpose of the property inventory act is expressed in the need to record both the fact of the location of property in a specific place and its specific composition. Files in .DOC: Form of property inventory actSample property inventory act

✒️ How to properly make an inventory of property

An inventory of property is drawn up in written or printed form or on a printed form in two copies. If an agent is involved in the transaction process as an intermediary, a third copy will be required.

The inventory may be a separate document or part of the lease agreement.

It should contain the following data:

Full name of the parties to the transaction;
their passport details;
permanent registration address;
a list of property objects transferred for temporary use to the tenant;
date and place of document preparation;
signatures of the parties with transcripts.

At the request of the owner, an additional inventory can be drawn up of items that are prohibited from being removed from the apartment, as well as property that cannot be used.

The lessor has the right to indicate in the document the cost of the items being transferred.

The inventory is drawn up by the owner of the property in the presence of the tenant . The latter has the right to make additions to the document. When compiling an inventory, all detected defects, scratches and damage are listed. Household appliances must be checked for serviceability.

Mikhail Suvorov

Leading lawyer of the Legal.Center portal. Experience – 26 years

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Two acts of acceptance and transfer should be attached to the inventory, one of which is signed by both parties when new residents move into the rented apartment, and the second - when they evict.

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Drafting standards

The form for compiling such a list is free; the form for registering the transfer of documents varies significantly among different organizations. The only important thing is that the sender and the receiving party have a visa.

Please include the following information on the form:

Names of the transferring company and addressee: Full name. representative of a government agency or individual, name of the organization.
Date of preparation.
The list itself is in table form, indicating:
full name of the act;
the number of its copies;
number of sheets. The total number of sheets for each transferred act is noted here. If paper with a volume of 2 sheets is sent in triplicate, the value “6 sheets” is entered into the table.
Indication of the total number of submitted sheets of normative acts.

Before making an inventory of documents, check their completeness. At the end of the process, endorse it: usually the list is signed by the person who is responsible for document flow in the company (secretary, clerk, assistant director). The recipient notes the fact of receipt by entering the full name, position of the recipient and the date in the appropriate field.

⚱️ What else can you include

The list of property described can include any items at the discretion of the parties to the transaction. For example, these could be:

carpets;
sockets and switches;
plumbing;
metering devices;
gas and electrical equipment;
bed sheets;
dishes, etc.

Property inventory form when renting out an apartment We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

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If cases are transferred to the archive

This inventory contains more mandatory fields than the one presented above. Compiled even if only one case is archived.

Read more: Rules for archival records management

If the transferred papers are not stored indefinitely, an additional column called “Storage period” is included in the table. In accordance with the “Basic Rules for the Operation of Organizational Archives” (approved by the decision of the Board of Rosarkhiv dated 02/06/2002), urgent storage is the maintenance of objects in the archive for up to 10 years. In addition, take into account the requirements of Order of the Ministry of Culture of Russia dated March 31, 2015 No. 526.

In the column “Deadline dates” the expiration dates for storage are indicated, both for securities subject to indefinite storage and for urgent ones. It is filled out on the basis of regulations. If necessary, the column “Date of document” is added, and this does not mean the date of preparation, but the day of registration.

If files are archived electronically, an inventory will also be required. Registration takes place with a note about their volume. This parameter is measured in megabytes.

Example

Inventory of property

Appendix No. 1 to the “Apartment Rental Agreement” No. 23465 dated October 15, 2020

Signed in Moscow on October 20, 2021

We, Ilya Ivanovich Grigoriev, residing at the address: Moscow, Pushkina street, no. 10, apt. 41, below referred to as “Lessor”, on the one hand, and Egor Aleksandrovich Demidov, passport series 54 09, number 236875, issued 07/30/2007 Department of Internal Affairs for the Yaroslavl district of Moscow, below referred to as the “Tenant”, on the other hand, preserving the terminology of the specified Lease Agreement, with this Inventory we confirm the following:

Simultaneously with the Premises, the Lessor transferred and the Tenant accepted for free use the following property located in the Premises:
Bed linen - 3 sets, color: blue, white, green.
Leather “Stella” chairs - 2 pcs., beige color, good condition, 2 scratches on the right side.
Carpet — 1 piece, color green, good condition, small blue paint stain on one side.
Gas stove "Electra" - 1 pc., model EK-65, serial number 123456, working condition, no defects.
In case of loss or damage to property, the Tenant undertakes to pay compensation to the Lessor, depending on the amount of damage caused.
The relations of the parties are determined by the specified Lease Agreement, the Inventory and the Civil Code of the Russian Federation.
The inventory is compiled in 2 copies - one for each side.

Lessor: Grigoriev I.I.

Tenant: Demidov E.A.

How to inspect an apartment?

Inspect the apartment carefully so that it doesn’t turn out later that you are not happy with anything.

The owner has the right to include all the things he sees fit, and the future tenant can make additions. The presence of all defects and scratches is described, and the equipment is checked for functionality.

Inspecting the apartment:

Property available in the apartment. For example: a wall carpet, red, size 3x2, has a gray oblong spot in the lower left corner. Scratches on furniture, wobbly chairs, a broken interior door handle - all this should be included in the inventory.
Household appliances and electronics. The model, year of manufacture, and serial number of the device must be entered. For example: Samsung TV, 42-inch diagonal, year of manufacture 2014, serial number FD4357891, no faults detected when turned on, Tefal electric kettle, no serial number, detected defect - no automatic shutdown when boiling.

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Sockets and switches. If any faults are identified, they are included in the inventory. Example: an outlet in the living room, near the door, when you plug in your mobile phone, charging does not start.
Plumbing equipment. We look at how taps and drainage systems work, and pay attention to possible leaks.
In the kitchen we check the stove. If it is gas, all the burners are lit; if it is electric, the functionality is checked by the indicator lights on the stove itself lighting up. The oven is checked in the same way.
Dishes and other small items. The presence of chips, cracks, dents, etc. is indicated.
Metering devices. Gas, water and electricity meters are carefully inspected for the presence and serviceability of seals. The testimony is being rewritten. It would be a good idea for the tenant to look at utility bills for the last month and make sure there are no debts.

The simplest option

In practice, when registering the purchase and sale of an apartment with furniture and household appliances, an option is often used in which the main purchase and sale agreement specifies the total amount - the price of the apartment and the price of the property transferred along with the property.

For example, the cost of an apartment is 5.6 million rubles, and the total value of the transferred property is 180 thousand rubles. After signing the purchase and sale agreement, the main calculation is made - 5.6 million rubles are transferred to the seller, and the transfer of the remaining part will be carried out upon drawing up the transfer deed if the parties have no claims against each other.

Damage to property during rental

The most common disputes occur between the tenant and the landlord due to damage to property.

There is such a thing as natural wear and tear - decoration, furniture and appliances have their own service life.

If property damage occurs, which can be attributed to natural wear and tear, the tenant does not always agree to compensate for the damage.

The landlord will be protected by an agreement that will spell out the extent of the tenant's liability for damage to property, as well as photographs taken before the tenant moved in and after the discovery of defects. All this will help the owner succeed in court.

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In any case, you need to figure out whether the equipment has failed due to natural wear and tear or due to improper use.

To avoid having to sue the tenant, it is best to insure the apartment that is being prepared for rent in advance. All experts advise this.

In what cases will the application help?

Do not neglect drawing up an inventory , especially if there are expensive things in the apartment. This annex to the agreement will help resolve disputes between the owner and the tenant if something disappears from the apartment or something is damaged.

As a result of detection of property damage or theft, the owner will receive monetary compensation from the tenant in the amount specified in the inventory. This paper will help the tenant protect his interests and rights if the owner begins to make unfounded claims regarding the property.

If the tenant really broke something in the apartment through his own fault, then he will clearly know how much he needs to pay for the damage. He is not obliged to give the owner more than the amount indicated in the document.

Separate agreement for the purchase of furniture and household appliances

You can also formalize the transfer of furniture and household appliances in a real estate transaction in the format of a separate agreement. However, it should be remembered that the sale of an apartment and the sale of furniture are two different transactions , and their implementation cannot depend on each other.

Most often, a separate agreement for the transfer of furniture is drawn up if the transaction is carried out with the participation of borrowed funds from the bank.

According to Article 157 of the Civil Code of the Russian Federation, such transactions are made under a condition - suspensive or disqualifying.

In fact, this means that the deal becomes valid not from the moment the contract is signed, but from the moment any condition is met. In the case of buying an apartment, from the moment the ownership of the property is transferred to the buyer.

Both contracts must be signed at the same time. Drawing up a separate contract for the sale of furniture also entails drawing up a separate deed of transfer for the described property.

Going to court in case of violation of the terms of the transaction by the seller

If, after signing the contract, it turns out that the seller has removed the property from the apartment, the buyer can file a claim in court.

If all documents are completed correctly, a preliminary purchase and sale agreement is drawn up with an inventory of the property being transferred, as well as a transfer deed with a detailed list of furnishings present, the chances of satisfying the buyer’s claims are high . Photographs of the initial inspection of the apartment taken and signed by the parties to the transaction will also serve as evidence.

In order to minimize the risks of the parties in the case of buying and selling an apartment with furniture and household appliances, you need to carefully consider the documents drawn up at the stage of preparation for the transaction - the preliminary agreement, inventory, and subsequently the transfer deed. The more detailed and accurate these documents are, the less likely there are unpleasant surprises in the future.

Who composes?

The document can be compiled in one of the convenient ways:

The owner draws it up independently, after which, together with the tenant, on the day of signing the contract and handing over the keys, he double-checks the data specified in the inventory with the actual state of things and their quantity.
The owner, together with the tenant, checks all valuables in the apartment and records them in the document. The tenant also has the right to include items in the apartment in the inventory if they were not listed by the landlord.

If a residential rental agreement (a sample with an application can be downloaded below) is concluded with the participation of an agent, then he can also participate in drawing up the application.

Peculiarities

What you need to consider when compiling a list of property when renting out an apartment:

The owner can enter into the document any things in the apartment, even spoons and forks. The employer has no right to make claims regarding items not included in the inventory.
Owners do not always adequately estimate the cost of damage for each item in the event of damage or loss. The tenant can challenge the amount of compensation if he believes that it is too high. It is advisable to make changes to the document before concluding a rental agreement.
The more detailed the property owner gives a description of each item, the better. If some little things are not taken into account in the document, filing a claim will be pointless.
We must not forget about the natural wear and tear of things and premises, as well as force majeure circumstances. The document must discuss the conditions under which the tenant is exempt from compensation for damage. For example, if the apartment was damaged as a result of a natural disaster, or if a refrigerator that is more than 30 years old breaks down.

If the main agreement only stipulates the tenant’s obligation to keep the property in good condition, then the inventory establishes financial liability for damage caused. First of all, this application is required by the owner of the apartment, since by renting out housing, it is he who risks his property.

However, in some cases, the employer is the initiator of drawing up an inventory, wanting to protect himself from unfounded suspicions and claims of the owner.