In the modern real estate market, transactions between citizens are rarely concluded without the help of third parties.
Most contracts are drawn up through the mediation of real estate agencies , which resolve all organizational issues.
For such services, agencies charge a certain fee .
When looking for a residential property for the purpose of renting, it is important to clearly understand what a commission is when renting apartments , how many times it is paid and how it is calculated and paid.
What is included in the agent minimum?
The standard range of services to support real estate transactions includes:
Responsibility for the services provided lies with the realtor only if an agreement is concluded. Separate clauses of the contractual obligations define the range of his responsibilities. At this moment you need to decide what to pay the realtor for. ,
accompanying the transaction.
Realtor's responsibility
The realtor is responsible for selecting the right housing option, drawing up an agreement, and checking information about who is the real owner of the rented space. As additional services, the real estate agency can enter into a separate agreement to find optimally suitable housing. Such a document gives the tenant the right, if something does not work out at the new place of residence, to contact the agency again with a request to find a more suitable option. If an agreement of this kind is concluded, you will not have to pay money for services a second time.
⇒ When renting housing, you should distinguish between the concepts of “commission” and “deposit or security deposit”. A commission is paid to the realtor, while the deposit is transferred to the homeowner.
What needs to be included in the contract?
Most intermediary companies work on the terms of payment of commissions, amounting to a certain percentage of the transaction.
The rental relationships that clients enter into through the mediation of real estate firms may differ slightly. This is usually the cost of a month's rent. Payment for services is made either at the time of conclusion of the contract or at the time of transfer of the rental amount to the owner.
The client has the right to do such an act as to
pay the realtor .
See also: In order not to pay tax, how many years after purchase can you sell an apartment: in what cases and how to obtain exemption from personal income tax in a property transaction?
Theoretically, failure by a realtor to comply with the terms of the contract can significantly affect his payment. The need to “sell” an apartment to a tenant with aggravating circumstances (the owner is crazy, the inconsistent wishes of all co-owners of the property, etc.) is often the responsibility of a realtor. Unscrupulous work of an intermediary is necessarily prescribed in the contract in the form of various penalties.
In other situations, it is possible to use the services of a realtor and not pay for them when:
- the client refuses the broker's services at the time of complete preparation of all documents, picking them up,
- the client needs assistance in obtaining ownership rights to the premises that are being leased. He asks the agency to carry out all the necessary preliminary work, takes away the documents and refuses services,
- an oral agreement has been concluded between the client and the broker regarding payment upon conclusion of the contract, but after the successful completion of the work, the client refuses to pay, citing lack of funds or lack of agreement,
A classic example of reducing payment can be considered a direct conspiracy with a realtor, bypassing the company. In this case, the work is completed in full, and the amount of remuneration can be reduced by transferring it personally to the broker. This, of course, is subject to the refusal to conclude a contract for the provision of services with the company.
Expert opinion
Mishelova Anna
Unpleasant situations can arise due to the fault of any party; a reasonable person draws conclusions and moves on. We recommend watching a video on the topic of bypassing realtors and their imposed information services.
Does the law require it to be paid upon withdrawal?
The participation of a realtor is optional and he is involved by agreement of the parties.
However, if the landlord and tenant used the services of a realtor, then in accordance with Russian legislation, Art. 991, clause 1 of the Civil Code of the Russian Federation, the agent for his services must receive from the customer the fee specified in the contract.
If it has not been indicated, then, in accordance with Article 424, paragraph 3 of the Civil Code of the Russian Federation, it should be determined by the average cost of these services.
Attention! If the realtor, for reasons depending on the client, was unable to fulfill the agreement for the provision of mediation services when concluding a housing rental transaction, then he must still receive a commission, as well as compensate at the client’s expense for damages from expenses incurred, which is enshrined in Article 991, paragraph 2 Civil Code of the Russian Federation.
Common ways to rent an apartment without overpaying agents
So, how can you bypass the intermediary when renting/renting an apartment? In the case of renting an apartment, this is the case in economic conditions. One option: arrive at the specified address, view the apartment with a realtor, meet the owner, leave the best impression of yourself and say goodbye, telling the realtor that the option is not suitable.
After you are sure that the realtor has left, go up to the owner of the apartment and try to talk in person, get to know each other better, agree on the terms and explain why you decided to take such a step.
Force majeure
: if the owner has entered into an exclusive contract for services with an agent (agency), then the likelihood of reaching an agreement directly is minimal: only if you convince the owner to terminate the contract with the realtor. But the owner of the apartment will not always agree to this.
Who pays
The agency commission when renting an apartment is most often paid by the person renting the premises.
But there may be exceptions to this rule. For example, if we are talking about high-paying housing. Finding a tenant for such housing can be quite problematic, so the realtor who manages to find a tenant receives his commission from the owner of the apartment. There are situations when, by common agreement, the costs associated with the realtor's commission are borne by two parties - the homeowner and the new tenant.
Counterparties
You involve a friend or acquaintance who plays the role of an intermediary, calls the agencies that rent out the apartments you are interested in and offers to share the commission, because... he will bring a client. As soon as one of the realtors agrees, you go with a friend-“agent”, look at the apartment, if you like it, sign an agreement.
The “agent” friend then receives half the commission from the real estate agent and so you save 50% of the commission, but the friend will have to thank you for the trouble!
If in numbers, then at a rental price of 20,000 rubles, the commission is from 10,000 rubles, i.e. your savings from 5000 rubles. Nuances of the scheme: quite troublesome; your friend needs to understand the specifics of the work of a real estate agent for rent and not make a mistake that he is not a real broker.
Size
Each agency has its own interest rate for services provided and may vary depending on the conditions of a specific transaction (terms of service provision, level of object).
Typically, a competitive rate is 50% of the rental payment .
That is, the employer pays the agency half the monthly rental price.
The attitude of a particular agency towards a given owner plays a big role in determining the interest rate .
If the apartment is rented through a realtor directly from the owner of the apartment , then the rate will be around 50% .
If the property initially located in the database of another company and the realtors act by agreement, then the client is actually forced to pay a commission to two agencies .
In this case, the rate can rise to 80-100% . This is explained by the fact that the first company takes 50% of the provided property from its database, and the agency working with the client seeks to take the same rate from the rental payment.
From this point of view, it is beneficial for employers to consider only facilities directly provided by their chosen agency .
Owner databases
All you need is to know rental managers who work in a real estate agency. They can provide you with several contacts that interest you for a small fee. Nuances: the method is not suitable for visitors; the manager can refuse on completely reasonable grounds.
By the way, the landlord can also avoid paying the realtor's commission if he finds a way to contact the tenant directly during or after the showing. For example, when the last person leaves, put a note with a proposal in his hands. If agreements are reached, the landlord simply informs the broker that he has changed his mind about renting out the property.
Here it is only important not to forget that an agreement should not be concluded between the owner and the intermediary, otherwise you can expect legal consequences. You have learned ways to rent an apartment and not pay a realtor, each of them has its pros and cons, but you can choose which one is most suitable for your situation.
Who should pay?
As a rule, when renting an apartment, the tenant pays the agent's fee, but this applies to living space in the middle and low price category.
The owner pays for the rental of luxury real estate, since finding a client for expensive apartments is often difficult. In addition, for many owners of expensive apartments, renting out is a business .
Sometimes the commission can be divided between two interested parties, the owner and the tenant, by mutual agreement.
We offer you a sample contract for the provision of real estate services for the search for residential premises for rent: .
How to rent an apartment correctly
It would seem that a fresh renovation, a friendly owner, a good location and a reasonable price are 4 out of 4 reasons to rent this particular apartment. But this is not true at all. A fresh renovation may show off many years of problems with sewerage and wiring; the owner, with all his charisma, will not have the necessary documents, so the price as a result will be even too high.
A real estate agency or a private realtor can help you rent an apartment competently.
If you are confident in your abilities, you can rent an apartment using the tips we have collected below.
What types of commission are there?
Despite the fact that current legislation does not divide commission into types, it may have some differences in real estate transactions.
According to the prices and rules that are established in the real estate market, there are two types.
Reduced
As a rule, its size does not exceed 30-50% of the monthly rental payment. It is taken from those citizens who are going to rent non-elite real estate on the secondary market.
The secondary market refers to real estate that is already used for living and is not new buildings.
Increased commission
It is charged to those individuals who rent luxury real estate.
This also includes business entities (corporations, factories) for their employees. The amount of such payment reaches 100 percent of the monthly payment.
The reason for withdrawing an increased commission is the rental of premises from primary or elite funds
It is important to know that prices for services are based on supply in this sector. Not many realtors are engaged in looking for various housing for rent, since this is not a profitable business, in their opinion.
This is precisely why such commissions exist.
How to rent an apartment from the owner
You can safely rent an apartment for a long time without the help of specialists, but keep in mind that you will have to do the following on your own:
- look for real estate that suits your parameters;
- negotiate with owners about viewings;
- check documents;
- resolve minor organizational issues.
A realtor will be able to advise from a professional point of view how to rent an apartment without being deceived. If you decide to cope on your own, ask your friends. Post your search on social media, ask your friends if they know anyone looking for a tenant.
See also: Free rental agreement for non-residential premises. Sample filling and nuances
A great way to find a suitable apartment on your own is DOM.RIA. During the search process, you can use the “From owner” filter.
The next step to renting an apartment correctly is a thorough viewing. Please note if the landlord offers to meet only at a certain time or if the windows in the apartment are open during viewing. Perhaps, in this way, the owner is trying to hide the ineradicable unpleasant smell or noisy neighbors.
It is better to rent an apartment a little later, spending more time searching and checking information about the documents of the owners and the apartment itself, but be sure that you and your family will live comfortably here.
Real owners
The “real owners” scheme is aimed at non-conflict people. After signing the documents, an indignant person appears on the threshold, introducing himself as the owner of the property and harshly demanding those present to leave the premises.
In this situation, you don’t need to get lost, but demand the documents of the person who appears. Unless this is a previous scheme, the “owner” will not have the documents. Just insist on a legal investigation of the situation and offer to call the police.
Rental rules
The tenant must remember that when renting an apartment, he takes responsibility for the property provided. Thus, the transaction imposes obligations not only on the landlord, but also on the tenant. The rules for renting an apartment are quite simple; they can be formulated in five points.
Set your priorities. What is more critical for you - proximity to the center, low price or developed infrastructure. This will help you choose the most suitable apartment option and not waste energy looking through dozens of options throughout the city.
Choose trusted sources of information. Advertisements on the fence are no longer relevant. It’s better to pay attention to the “Reverify Apartments” project, which in 2.5 years has won the trust of tenants throughout Ukraine. This way you will protect yourself from scammers.
Be careful when viewing. Try to notice the details, the condition of the furniture, plumbing and household appliances. This is necessary so that the owner cannot subsequently accuse you of damaging property.
Check all documents. It is very important that you have the sole owner of the property. And if there are other owners in the documents, so that they write consent or a power of attorney. Another way to check is to search for an apartment using the real estate registry. This way you can find out for yourself whether the data provided by the owner is true.
Protect yourself with a contract. This is the main rule of renting an apartment, which can protect you later from sudden price increases or even eviction.
Inspection of housing, inventory of property
It is better to inspect the home twice. The first time is an introductory one, which will let you understand what you are dealing with and whether the proposed housing conditions are suitable for you in principle. This can be done both during a personal visit and using 360 panoramas.
The second time is more thorough. During it, you and the owner will draw up an act of acceptance and transfer of property located in the apartment: furniture, appliances, fittings, plumbing, accessories, etc.
An inventory of property is often included with a security deposit. It represents the amount that is kept by the landlord for the entire period of the tenant's rent.
The insurance deposit is returned upon completion of contractual obligations, unless an insured event occurs: damage to property in the apartment, etc.
