How to rent out an apartment or room correctly. Instructions for renting out an apartment, finding clients and drawing up an agreement.

Renting out housing is one of the oldest real estate transactions. And at the moment there is no reason to believe that it may lose its relevance. There are always people who have excess square footage. And also people who need housing, but do not want, or do not have the opportunity, to become owners of real estate.

Our article is devoted to one of the aspects of renting housing - renting out a separate room. We will tell you how to make this transaction correctly. That is, without breaking the law, and at the same time without the risk of becoming a victim of a violation of the law by the counterparty.

○ Who has the right to rent out an apartment or room.

According to Russian legislation, only the owner can rent out living space in the first place.

• “The right to lease property belongs to its owner. Lessors can also be persons authorized by law or the owner to rent out property (Article 608 of the Civil Code of the Russian Federation).”

Thus, the law does not prohibit the right to act as a landlord to third parties, provided that they have a notarized power of attorney from the owner of the property.

If the property is assigned to several owners, it is necessary to obtain written permission for real estate transactions from each of them, certified by a notary. Their personal presence at the conclusion of a transaction without written consent is also allowed.

When planning to rent out an apartment/room, the owner must also obtain consent from all persons registered in the living space.

Room in a non-privatized apartment

In principle, renting out a room in an apartment that a family occupies on the basis of a social tenancy agreement is possible with the consent of the apartment owner. It is necessary to submit a written appeal to the owner (municipality) and attach to it the consent of everyone who is registered and lives in the apartment. But you need to remember that the municipality has the right to either allow or refuse you.

If, despite the refusal, the room is still rented out, and this becomes known to the owner, the tenant may be punished, up to and including termination of the social tenancy agreement. Since only the owner or his authorized representative has the right to carry out any transactions with real estate. The employer does not have such a right.

○ How to submit: individual entrepreneur or individual.

Obtaining the status of an individual entrepreneur is not mandatory for a future landlord. You can rent out living space as an individual, paying the appropriate amount of tax.

The decision on the need to register an individual entrepreneur depends on how profitable it is. The advantage of this status is only the ability to choose a taxation option, while for an individual there is only one option - 13% of personal income tax. However, registering an individual entrepreneur has a number of disadvantages:

• The need to pay insurance premiums, draw up regular reports on them and liability for violation of the order.
• Responsibility for keeping records of expenses and income.
• If the living space is sold, the income from the transaction will not be exempt from taxation, whereas for individuals there is a similar opportunity if the property has been owned for more than 3 years.

Thus, maintaining the status of an individual simplifies the procedure for renting out living space. However, the income tax is higher than for individual entrepreneurs. Therefore, the issue of deciding the status of a landlord is decided on an individual basis, based on individual preferences.

Taxes for renting out a room

For renting out a room in a communal apartment or in a dormitory, you will need to pay taxes, just like on any other type of income. The agreement, drawn up in 3 copies, is subject to registration with Rosreestr, and the landlord is obliged to pay personal income tax in the amount of 13% if he rents it out as an individual, or, by registering as self-employed, he can reduce the tax rate for renting out a room in a communal apartment.

The reduction will be significant, since instead of 13% it will be only 4% if the tenant when renting out a room in an apartment is an individual, and 6% if the lessor is a legal entity. Therefore, it is worth thinking in advance about how to properly rent out a room in an apartment so that the tax burden is not too heavy.

○ Preparation for delivery.

To prepare an apartment/room for rent you need:

• Get your housing documents in order.
• Pay off utility debts.
• Prepare rooms (make cosmetic repairs if necessary).
• Check the plumbing and repair it if necessary.
• Do some general cleaning.
• Remove particularly valuable and memorable items from the apartment.
• Place furniture and household appliances.

Properly prepared housing increases the cost of rent by about 50% and greatly simplifies the search for tenants, so it is important to pay attention to preparatory measures.

Costs for renting a room

Preparing to rent out a room in a communal apartment will require certain financial investments, which are aimed at increasing its attractiveness to potential tenants and, as a result, being able to increase the rent. If this is not the first time you are planning to rent out a room in a communal apartment, you will have to put it in order after the previous tenants have lived in it.

To purchase materials for cosmetic repairs or to carry out high-quality cleaning by a cleaning company, you will have to pay certain amounts. You will also have to spend money on replacing broken or damaged household appliances or furniture, otherwise you will not be able to rent out a room in the apartment at the right price.

○ How to find tenants.

Finding a tenant is an important stage of rental actions, because the stability of income and the absence of problems with living space depend on his reliability. You can find a tenant through an intermediary or on your own.

✔ Agencies.

You should contact the services of realtors if you do not want to waste time searching for tenants and checking their reliability or are not confident in your abilities. At the same time, it is important to choose the right agency, because the number of scammers among realtors is steadily growing. When making a choice, pay attention to:

• Time spent on the real estate market.
• Percentage of successful transactions.
• Customer reviews.
• Professionalism of the staff.

It should be borne in mind that the services of realtors are paid, but a percentage of the concluded transaction is usually paid to them by the tenant.

✔ Advertisements.

This is one of the ways to independently find a tenant. You can advertise in print media and television, in special sections. The placement fee is small, and the effect is quite fast. In this case, checking the reliability of a potential tenant falls on the shoulders of the landlord.

✔ Internet.

Another way to quickly find an employer without involving intermediaries. You can submit an ad on popular sites www.avito.ru, www.irru.ru, www.domofond.ru, etc. It is also worth posting information about finding a tenant and the requirements for him on your personal pages on social networks. This is a free, but quite effective way to find a tenant fairly quickly.

✔ Personal contacts.

You can often find people willing to rent an apartment among personal acquaintances. In this case, you will not spend money on checking the tenant and will be sure of the permanent registration address. However, this delivery option also has disadvantages. We cannot exclude the risk that, taking advantage of the acquaintance, the employer will delay the rent or even ask to reduce it. In such a case, not everyone can refuse a request to their detriment, so it is worth taking into account the possibility of such a development of events when deciding whether to rent out housing to friends or not.

Registration of renting out a room according to the law and requirements for the contract

The rules for registering a room for rent in a communal apartment will not be too different from registering for renting an apartment or house. An agreement must be concluded between the landlord and the tenant, reflecting the rights and obligations of the parties. The only difference is that the contract must indicate that in addition to the room, the tenant is provided with common areas. When concluding a transaction, the owner and tenant must have with them documents that prove their identity.

The owner who rents out a room in the apartment will be required to have a document confirming his ownership of this living space. The agreement is typed on a computer or drawn up by hand in any form. The main requirements for it are the presence of:

• date of conclusion of the agreement;
• details of both parties;
• subject of the contract (area, address),
• the procedure for financial settlements;
• conditions for early termination;
• a complete inventory of property.

○ Study of tenants.

When planning to rent out your living space to strangers, it is worth conducting at least a minimal check of their identity. You can do this as follows:

• Ask to confirm your income using a 2-NDFL certificate or show documents for a car or other property.
• Check the submitted passport against any publicly available database (for example, https://services.fms.gov.ru/).
• Check for credit debts on the bailiffs website (https://www.fssprus.ru/iss/ip/).

Here it should be borne in mind that by law, the employer is obliged to provide only a passport; he can demonstrate all other documents solely at his own request. Therefore, the landlord cannot demand this, but he may be wary if such a request is refused.

○ We rent with or without a contract.

The conclusion of a lease transaction can take place by oral agreement or written agreement. In the first case, the parties must be prepared for the fact that the terms of the contract may not be observed by the counterparty, and he will not have responsibility for this. Therefore, it is advisable to rent out living space under a contract in order to be sure that your rights are respected. You can prepare the document yourself or use the services of a notary. It is important to take into account that if the tenant is an individual, then a rental agreement for residential premises will be drawn up. And if the apartment will be used by a legal entity, you need to prepare a lease agreement.

• "1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
• 2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens (Article 671 of the Civil Code of the Russian Federation).”

Unilateral termination of a room rental agreement

To avoid misunderstandings, mutual claims or even litigation, parties to a lease agreement should pay special attention to the section regarding early termination of the agreement.

In principle, the need to terminate the contract early may arise for both the tenant and the landlord. It is clear that the party that was interested in complying with the terms of the contract until the end of the term will feel offended and may begin to protest unconstructively.

To prevent this from happening, it is necessary to prescribe in advance, for example, the possibility of terminating the contract at the initiative of the tenant if he needs to move to a new place of residence (for example, how long before the landlord must be notified, and how the final payment will be made).

The landlord himself may experience an urgent need to “drive away” the tenant if living with him under the same roof has become unbearable. The reasons for early termination of the contract on his part may be:

• Delay in rent
• Refusal to pay utilities
• Immoral behavior of the tenant
• Causing damage to the lessor's property (in this case, it is necessary to specify the conditions for its compensation)

Of course, it is impossible to foresee all possible life situations. But the most common reasons for early termination of business relationships should be taken into account when signing a lease agreement.

○ Registration of the contract.

A lease agreement is not subject to state registration, regardless of its validity period. As for the lease agreement, it must be registered with Rosreestr or the MFC branch if it is concluded for a period of more than 1 year.

• 1. “A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
• 2. A real estate lease agreement is subject to state registration, unless otherwise provided by law.
• 3. A property lease agreement, providing for the subsequent transfer of ownership of this property to the lessee (Article 624), is concluded in the form provided for the purchase and sale agreement of such property (Article 609 of the Civil Code of the Russian Federation).”

To register you need:

• Pay the state duty in the prescribed amount (10,000 rubles for individuals and 15,000 rubles for legal entities). Payment is made by each participant in an equal share, or the responsibility is assigned to one of the parties (this point must be specified in the contract).
• Write an application on behalf of one of the parties to the transaction, attaching the notarized consent of other owners or registered persons to conclude a lease agreement.

Room in a privatized apartment

Here the owner is in his right. If he is the sole owner of the apartment and is the only one registered in it (or no one is registered at all), he does not need anyone’s permission at all. And consent too.

If there are several owners (which most often happens as a result of free privatization by a family that has lived in the residential area for a long time), then everyone must agree to rent. They can express consent in two ways:

• Issue a power of attorney for one of the family members who will appear in the rental agreement
• Everyone should take part in concluding the lease agreement together and write their names on the lease agreement. In this case, all owners will act as renters at once.

ATTENTION! Don’t forget that if you rent out a room in an apartment where you and your family live at the same time, then, in essence, you are turning a separate apartment into a communal one. Because, although you do not directly rent out the kitchen, bathrooms, or hallway to the tenant, you inevitably grant him the right to use them. After all, the tenant quite legitimately believes that by renting a room, he at the same time has the full right to cook his own dinner, take a shower, wash his clothes, and finally use the toilet. Therefore, it is advisable to agree on the procedure for using shared premises in advance. The hope that “everything will somehow work out along the way” can subsequently lead to serious conflicts and early termination of the lease agreement by one of the parties. This is not beneficial for either the tenant or the landlord.

○ How to charge.

The method of transferring payment for accommodation is discussed by the parties. The calculation can be:

• Cash (in this case, you must draw up and sign a receipt for the transfer of funds each time).
• Non-cash (transfer will be confirmed by bank statements).

Payment can be made:

• Every month.
• Once a quarter.
• One time per year.

The law does not provide for a mandatory form of rent payment and its frequency.

Requirements for drawing up a room rental agreement

When drawing up a lease agreement, it is not necessary to follow a strict form. In any case, the agreement will be valid if it reflects:

• Passport details of both parties
• Length of stay
• Rent amount
• Payment method for utility bills
• Method of transferring rent payments
• Rights and obligations of each party
• Conditions under which the contract can be terminated unilaterally by either party
• Signatures of the parties and date of conclusion

The tenant can pay the rent in any way convenient for the landlord: in cash, or by transfer to a card or bank account. When making non-cash payments, information about receipts of funds is stored in the bank (although it would still be a good idea to keep checks).

If payment is made in cash, a system of mutual receipts should be provided. This will eliminate the occurrence of both accidental misunderstandings and malicious material claims in the future.

The agreement is drawn up in three copies. One for each party and one more for registration with Rosreestr.

The agreement can be written by hand or typed on a computer. It does not require notarization.

○ Tax payment and accounting.

According to the law, renting out housing requires paying taxes in the prescribed amount.

• “Taxpayers - individuals for taxes paid on the basis of tax notices, in addition to the obligations provided for in paragraph 1 of this article, are required to report the presence of real estate and (or) vehicles recognized as objects of taxation for the relevant taxes to the tax authority for their choice in the event of non-receipt of tax notices and non-payment of taxes in relation to the specified objects of taxation for the period of their ownership (Clause 2.1 of Article 23 of the Tax Code of the Russian Federation).”

If we are talking about an individual, his tax on rental income is:

• 13% for residents of the country.
• 30% for foreign citizens.

Payment is made every year no later than April 30 with the obligatory submission of a 3-NDFL certificate.

By registering the status of an individual entrepreneur, the landlord can pay taxes in the amount of 6% of income by choosing a simplified taxation system. At the same time, he must maintain accounting records and record income and expenses.

Where to look for a room?

There are several ways to find a room to rent. You can do this through your friends, or you can contact a real estate agency. What's the difference?

o Finding a room through a real estate agency

This is undoubtedly the most expensive, but also the most reliable way to rent a room for a long time. They will select several options for you and invite you to look at the rooms. But you will have to pay a commission. Each agency sets it independently - from 10% of the cost of the room for the first month to 100%.

o Search through friends

Of course, to protect yourself from risks, you can turn to your friends for help. Perhaps someone is renting out a room. This method is also safe - the likelihood that you will be deceived is still minimal. The downside is that the search for housing can take a long time, and living under the same roof with friends can spoil relationships.

o Search through sites

Nowadays there are a lot of sites where users themselves post advertisements for apartments for rent. You can set housing parameters, select an area, price range and see who is renting out a room and where. However, it may happen that the ads are posted by scammers. Or the room actually doesn't match the photos at all. There is also a risk of getting caught by an agent - in this case you will have to pay a commission.

o Search through social networks

There are many groups on social networks where people want to find tenants or, conversely, landlords. Actually, the principle is the same as when searching on the site. And the risks are the same - you never know how true the ad is. But the costs are minimal.

○ Responsibility when renting out an apartment.

If it is discovered that the landlord does not pay taxes on rental income, he may be subject to a fine of 20% to 40% in addition to recovery of the amount withheld.

• “Non-payment or incomplete payment of tax amounts (fees, insurance contributions) as a result of understatement of the tax base (base for calculating insurance premiums), other incorrect calculation of taxes (fees, insurance contributions) or other unlawful actions (inaction), if such an act does not contain signs tax offenses provided for in Articles 129.3 and 129.5 of this Code entail a fine in the amount of 20 percent of the unpaid amount of tax (fees, insurance contributions) (clause 1 of Article 122 of the Tax Code of the Russian Federation).
• Acts provided for in paragraph 1 of this article, committed intentionally, entail a fine in the amount of 40 percent of the unpaid amount of tax (fee, insurance premiums) (clause 3 of article 122 of the Tax Code of the Russian Federation).”

If the amount of non-payment is recognized as particularly large, the punishment is regulated by the Criminal Code of the Russian Federation and provides for a fine or imprisonment.

• “Evasion of taxes and (or) fees from an individual by failure to submit a tax return or other documents, the submission of which is mandatory in accordance with the legislation of the Russian Federation on taxes and fees, or by including in a tax return or such documents knowingly false information, committed on a large scale, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to one year, or by arrest for a term of up to six months. , or imprisonment for a term of up to one year.”

Here you need to take into account that a large amount is considered to be an amount greater than 900,000 rubles, when the amount of the unpaid tax debt is 10% of the specified amount.

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.

○ How the contract is terminated.

The contract can be terminated early by the tenant at any time with prior warning to the owner of the apartment (1 or 3 months in advance, depending on the terms of the contract). However, if early termination is initiated by the lessor, he needs to outline the grounds for such an action and resolve the issue in court.

If the agreement has expired, it is considered automatically terminated.

In accordance with Art. 684 of the Civil Code of the Russian Federation, each participant in the transaction must be notified of the counterparty’s intention to renew the lease agreement no later than 3 months before the end of its validity period. An offer to extend or a refusal should be made in writing.

If there are no disagreements, the parties can simply renew the existing agreement, but if there are any conditions that require legislative regulation, it is worth drawing up a new agreement.

○ How to sublease an apartment.

Sublease is the rental of living space under an agreement where the tenant is the tenant. To conclude such a transaction, it is necessary to obtain the consent of the apartment owner and draw up a sublease agreement, which is an independent document. It is important to take into account that its duration should not exceed the duration of the lease agreement. Another feature of subletting is that the responsibility for the safety of the property still remains with the tenant, regardless of who he subleased the property to.

Results and conclusions

In conclusion, we offer you several questions, the answers to which will help you determine what and with whom you need to agree before renting out a room, and what to pay attention to when drawing up a contract:

• Is your room in a communal or private apartment?
• What is your relationship with your neighbors?
• Who manages the common property of the house - HOA/cooperative?
• How are utility bills calculated?
• What property is in the room?

Still have questions?
– consult with a Portal lawyer As you can see, renting a room is a somewhat more complex undertaking than renting an apartment. The difficulty, in our opinion, is that additional factors of human relationships appear: neighbors in a communal apartment and living together with a tenant in different rooms of the same apartment. But in any case, you can avoid many problems and conflicts if you take a responsible approach to the issues of coordinating and drawing up a rental agreement.

Are you renting housing? We will help!

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• We will also advise you, help you apply for a tax deduction, and decide on the form of taxation. Our services for landlords and tenants

○ Features of renting a room.

If we are talking about a communal apartment in which the rooms are privatized by all residents, the owner has the right to rent out his living space without obtaining permission from neighbors. Otherwise, written consent of each tenant is required for any real estate transactions.

If the communal apartment is municipally owned, you must additionally obtain consent from the municipality.

If a room is rented in a separate apartment with several owners or registered persons, written permission from each of them is required. All permits must be notarized.

Additional questions

How to rent out a room in a communal apartment if the neighbors are against it?

The honest answer to this question is: “No way.” Although in practice, renting out rooms in communal apartments is an extremely common occurrence. Since they are, as a rule, “additional real estate” - they are inherited from relatives.

In the future, they plan to sell them, or to place children there when they graduate from school and want to live separately, but for now these rooms are hanging as “dead weight”, while being a potential source of additional income.

If the room is privatized (we won’t even talk about renting out non-privatized rooms; it’s not easy to rent out even a room in a separate non-privatized apartment), the neighbors’ consent to the entry of a new tenant is not required. In law.

And in life, dissatisfied neighbors can not only instantly “survive” a tenant from a communal apartment, but also create a “fun life” for the landlord himself.

The tenant may be constantly presented with absurd complaints (“you stomp too loudly”, “you sit on the toilet for a long time”, “your frying pan stinks the whole house”, “your TV doesn’t let me sleep”), the door can be chained after midnight, the police can be called on far-fetched grounds. about.

Not a single person would agree to live in such conditions, especially one who feels like a bird in someone else’s apartment. The landlord can also be slandered by various authorities. By the time they figure out their groundlessness, their nerves will already be hopelessly damaged.

Therefore, the only way to rent out a room in a “communal apartment” (especially if you don’t live in this apartment yourself) is to come to an agreement with your neighbors. For example, introduce the future tenant to the neighbors in advance so that they are convinced that there will be no trouble from the new tenant.

You can even “cheat” by offering, for example, a choice of a foreign student who also masters playing the violin (fictional character) and a lonely female employee with no bad habits (real candidate). The choice of neighbors is obvious.

But both options are possible only if the residents of the communal apartment do not want a new neighbor for fear that he will turn out to be an “asocial type.” If they simply like that there are “less people - more oxygen” in the apartment, the neighbors do not care about the personal qualities of the tenant. They just want no one to live in the room.

You can try to “bribe” them—for example, by offering to cover part of the costs of so-called “general repairs.” As a rule, this is one of the most “sore topics” in communal apartments. Nobody wants to pay out of pocket for repairs to common areas. The prospect of sharing expenses among a larger number of participants may seem tempting to neighbors.

In a word, trying to rent out a room in a communal apartment if the neighbors are against it is completely pointless. Tenants simply won’t “stick around” for more than a month, and you will get more hassle than income from renting out the property. We need to try to get them to be in favor.

How to rent out a room in a dorm?

There are similar advertisements, but they are illegal and unreliable. The right to live in a dormitory is legally enjoyed only by those who have entered into an employment or other contractual relationship with the owner of the building.

A tenant who has moved into, say, the room of a tenant who has moved in with relatives, can be evicted at any time. The lease agreement does not give him any rights.

The only exceptions are those rare cases when a former departmental hostel comes at the disposal of the municipality, and its residents receive the right to privatize their rooms on a general basis. Then the same rules apply as when renting out other rooms owned by citizens.

How to rent out a room in an apartment with shared ownership?

With shared ownership, the owner of each share does not own specific “square meters”, but only a set of certain rights. For example, receive a specified share of funds when selling an apartment or use it jointly with other owners, in accordance with agreements reached between them. If the owners of shares cannot agree, they have the right to go to court, in accordance with Article No. 247 (clause 1) of the Civil Code of the Russian Federation.

To rent out a room in an apartment where there are several owners, some must agree among themselves. If one “shareholder” rents out, so to speak, “his” room without permission, the rest have the right to challenge his actions in court. According to judicial practice, in such cases, most often the court declares the lease agreement invalid and evicts the tenant

If the owners agree among themselves, they either act together as lessors, or write a power of attorney for one of them.

○ How to rent out an apartment under a patent.

Obtaining a patent is one of the ways to rent out housing as an individual entrepreneur. Its cost is calculated as a percentage of the tax rate of the potential income for 1 calendar year. For example, if the amount of income is 700,000 rubles. per year, the lessor can pay 43 thousand rubles at a time. per year or pay 3600 rubles. monthly.

You can also purchase a patent for a certain number of months and pay its cost in 2 stages:

• 1/3 no later than 25 days before the conclusion of the lease agreement.
• Balance no later than 25 days after its expiration date.

○ Methods of fraud when renting out an apartment.

Both the landlord and the tenant can act as an unscrupulous participant in the transaction. The most common fraud schemes:

1. Re-letting of rented housing. The scammer can be either the landlord or the tenant. In the first case, a copy of the title document is shown with a link to its update by some authority. After this, a deposit of 1-3 months is required and a request is made to postpone entry for several days under the pretext of the need to prepare housing. As a result, upon arriving at the appointed time, the tenant discovers that the issued keys do not fit the lock, and when he tries to call the police, the owner denies all accusations.
2. If the scam is carried out by a tenant, he rents an apartment posing as its owner using forged title documents. When renting, a deposit is also taken for several months, after which the scammer disappears, and the real owner cannot explain anything.
3. A real estate agency can also commit fraud. For example, you may be offered to buy a database with phone numbers of potential tenants, specifying that they will not charge you a percentage for the transaction. As a result, the list turns out to be invalid, and the payment for it is quite high.

To minimize the risk of such situations, you must follow the following rules:

• Do not choose options with too attractive prices.
• Check the authenticity of the documents provided (for this you can ask for an extract from Rosreestr).
• Pay rent only by receipt.
• Immediately draw up a lease agreement, attaching an acceptance certificate for the premises and an inventory of the property.

Thus, renting out housing has many nuances, each of which should be taken into account in order to avoid unexpected problems.

Possible options for renting a room

However, the solution to the issue of renting out a room in a communal apartment, the possibilities and methods of such renting is not as clear and obvious as in cases where the property being rented belongs to the landlord as a property. There are various options for how you can rent out a room in a communal apartment, but they will depend on the status of such premises, which may be a room:

• privatized;
• non-privatized;
• located in the hostel.

Each of these cases has its own algorithm and its own rules for renting out a room in an apartment. However, it is worth keeping in mind that in any situation it will not be possible to manage the issue without coordinating the issue with your neighbors, so it is better to immediately secure their consent, as they say, amicably.

Room in a non-privatized apartment

One option is to rent out a room in a communal apartment that is not privatized. Since, according to the law, the premises are not the property of the person who lives in it, on the one hand, paragraphs. 2 clause 1 art. 67 of the Housing Code of the Russian Federation provides for the right to sublease such a room, and on the other hand, a sublease agreement can only be concluded with the consent of the landlord (clause 1 of Article 685 of the Civil Code of the Russian Federation). Various structures act in this capacity - a municipality, a prefecture or another body.

Information about this is contained in the rental agreement, on the basis of which the one who decided to rent out a room in the apartment himself lives in this premises. After this, the landlord is sent a written request for permission to conclude a sublease agreement. The document must contain the consent of all family members living with the applicant, all tenants and owners and members of their families living with them. After receiving permission, you can rent out a room in the apartment.

Room in a privatized apartment

The situation looks different if you decide to rent out a room in a communal apartment that has undergone the privatization procedure. In this case, the premises are the property of the person who decided to rent out a room in the apartment, and the right to dispose of it is enshrined in law, in particular in paragraph 2 of Art. 35 of the Constitution of the Russian Federation and clause 2 of Art. 209 of the Civil Code of the Russian Federation. But even in the case where no one’s permission seems to be needed, it will still not be possible to rent out a room in an apartment without the consent of the neighbors.

This is due to the fact that a communal apartment presupposes the presence of common areas - a kitchen, a corridor, a bathroom, which are the common property of all residents. And the disposal of property in shared ownership can only be carried out by agreement of all its participants (Article 246 of the Civil Code of the Russian Federation). Before concluding an agreement, it is still worth obtaining the written consent of the neighbors, and the agreement itself should reflect the main nuances of the relationship with them.

Dorm room

Renting a room in a dormitory is one of the options for renting a room in an apartment that is privatized or not privatized. Again, depending on the status of the premises, further actions of the potential landlord follow: how to rent out a room in a communal apartment or dormitory, depending on the presence or absence of ownership rights to this premises.

If there is no common shared ownership of the dormitory rooms, and the premises are owned by someone who decided to provide it for accommodation to third parties, then by law he can rent out a room in a dormitory, just as he can rent out a room in an apartment without the consent of the neighbors. But, as in all other cases, it is better to avoid conflicts at the initial stage and carry out preparatory work with them, saving both yourself and the employer from conflicts in the future.