How it is correct to hand over the apartment?
Presently far not each family presumes to have to itself the apartment. So-called "investors", or "lessors" are ready to provide to them the services. But, unfortunately, the majority of apartments is given an illegal way that involves problems and for the owner of the apartment, and for the tenant. Only some rules will help you to hand over the apartment lawfully, without problems!
Dean Drobot, Shutterstock.com Who can hand over the apartment?
Only owner! If you have no power of attorney, say, on the grandmother’s apartment – you have no right to hand over it and are considered as the extraneous person. What documents need to be issued?
If on the horizon there was a potential tenant, it is necessary to prepare all necessary documents.
First of all, issue the delivery-acceptance certificate of the apartment and the contract. In one of these documents it is necessary to describe all available property (the sofa, the refrigerator, the washing machine etc.) and in what it a condition is to you is required, when the tenant will move down, that there were no disputes on the owner of this or that subject. In registration of the contract there is nothing difficult, the main thing – accurately to register a rent and all conditions.
Any standards of writing of such contract does not exist, therefore it can be both on one, and on 20 pages, all depends on the imagination of the parties. What is, make such contract the person without education of the lawyer can also. Examples of documents can be found in the Internet, but it is not necessary to write off all under a carbon paper is only a sample! In total that from you it is required: to fix all your conditions and wishes to the resident, to avoid future conflicts.
State registration employment contracts of premises are not subject, such registration is not demanded also by the lease contract concluded for the term of less than a year or without the indication of term of rent. The contract for longer term (4-5 years) is necessary for registering in Rosreestra.
Payment of taxes is a duty of the lessor. Taxes it is necessary to pay once a year, for this purpose it is necessary to come in tax and to fill the declaration. Business this hard, but kind employees will help you with filling, besides samples are and at stands in the most tax.
The tax rate on the income of individuals – 13 %, but is possibility to pay less: to be registered as the individual businessman (SP). It will occupy about 5 working days, still it is necessary to pay duty (about 800 rub) and to pay services of the notary (from 1300 rub). However benefit will appear, if cost of a tenancy is more than 25.000 rubles. If the income of a room exceeds 85.000 rubles, I recommend to buy the patent (its cost – 60.000 rubles) – taxes will be less, than for SP. How to terminate the contract?
About possibility of early cancellation of the contract it is necessary to write in advance in the document. If those entries in the contract are not present, to terminate it it is possible only on the conditions provided by the law.
Eviction is possible, if the tenant breaks the arrangement (does not pay a rent or worsens living conditions and an apartment condition), but it is very labor-consuming procedure which is possible for turning only through court.
The termless lease contract can be terminated, having warned the tenant in three months prior to eviction. If the resident left the apartment before the termination of term of registration, the owner can submit the application that this person any more does not live in this apartment.
I hope, this article will help you to hand over correctly the living space without all problems with the law (otherwise, the illegal lessor is threatened by penalties from 2.500 to 800.000 rubles).