Why rent out an apartment legally?
It is obvious why housing is rented out illegally - to avoid paying taxes.
However, if you look at the issue in perspective, this can cause many problems. In recent years, the tax service has become concerned about this. The official spoke about the fight against illegal rental housing in Krasnoyarsk seriously, so the secret can easily become apparent. And in this case you will have to answer in rubles. The fine for failure to submit a declaration will be 5% of the Tax Code of the Russian Federation, Article 119 of the amount hidden from the Federal Tax Service. You will also have to pay the Tax Code of the Russian Federation, Article 122 of Personal Income Tax, a fine of 40% of the accrued amount and penalties.
The main ally of the tax service is the neighbors. Who ratted me out? . But the district police officer, the employees of the management company—anyone—can turn you in. Tenants with whom you have not shared something often do this.
There is another important point about the latter. When you rent out an apartment, you build regular contractual relationships. But illegal rentals leave tenants in a vulnerable position. They cannot call the police if the neighbors are noisy, or a locksmith from the management company, or open the door when there is a knock on it, because this will reveal your gray earning scheme. Making your tenants feel comfortable living in your apartment is okay.
Finally, if you decide to sue the tenant yourself, without documents it will be difficult for you to prove that he rented the apartment from you. And if this succeeds, then you will be forced to pay tax.
Why renting an apartment in Moscow is unprofitable (3 photos)
Author: Ivan Kemerov
20 December 2020 16:35
Tags: NATALIA COSHAREL apartment Moscow unprofitable to rent
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The tenants have moved out. The same ones at whom a year ago I spat venom because they were trying to hide the imminent appearance of a baby in my apartment. You all then convinced me with a thousand comments that I was a vile creature, since I wanted to kick them out, but everything would be in perfect order with the apartment. And then the call came: “We are moving out, the baby has started to walk, there is not enough space for us.”
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I wanted to shout something like “I told you so!”, but I remained silent and went to accept the apartment. And it's a nightmare. Absolutely everything I wrote about in the post then happened. There are clear marks from a stroller on the light parquet floor in the hallway. There are prints of children's hands on the white wallpaper, which the tenants diligently tried to wash off, which made it even worse. No, the little one didn’t get paint on his palms, he just leaned on the walls with his sweaty palms, trying to walk. I still don’t know what happened to the balcony door - they changed one panel there, but didn’t replace the whole door, but they obviously tried to hide something there - rough whitish spots on the door and window sill, what do you think? The acrylic bathtub immediately went into the trash; it is impossible to install a baby bath without spoiling the acrylic. There are small spots everywhere: green paint, paint, here they rolled a car on the parquet, and here the child got to his father’s hand. I am silent about the refrigerator, from which they could not remove the stickers, about the kitchen - one shelf was swollen from moisture (sterilizer?). The only thing that remained alive was the sofa - they thought of putting a mattress on top of it. In short, families with children for an unprepared apartment are an absolute evil. And in general, renting out an apartment in Moscow is not profitable. Why? I had a work colleague from the Stavropol Territory. He kept saying that he had come to take away the loot that Muscovites had stolen from the provinces and to get married. He always looked at the girls, who were very beautiful, while he himself looked like a typical man of 30-40 years old. When I was looking for an apartment, under every ad over 20k a month I left the comment “damn landlords.” At the same time, he claimed nothing less than cosmetic repairs and the absence of grandma's carpet. Since childhood, he says, I’ve been allergic to them, I couldn’t sleep, I was afraid of the deer from the carpet. He imagined a Muscovite like this: he already lives in his own apartment, and then, bam, another one on Arbat falls from his grandmother with an excellent renovation and that’s it. How to win the lottery. Now you can do nothing for the rest of your life. Hand over. Spit on the ceiling. Meanwhile, that same landlord is standing on the threshold of suddenly falling happiness somewhere out there, in Novogireevo/Butovo/Otradnoye, and thinking - what the fuck should I do about it? It’s a pity to sell, my daughter is growing up, she needs to live somewhere. And to hand over... There have been cosmetic repairs a couple of times since the panel was built: there are five layers of wallpaper on the crooked walls, the bottom layer is Soviet-era newspaper. On the floor there is linoleum or dead worn out rotten parquet. In the bathroom there are municipal tiles, in the kitchen there is a set from films from the times of the USSR, only there it is still fashionable and new, and here there are crumbling remains. It would be possible to settle in about five Tajiks, but the neighbors, the district police officer and the problem. But decent people won’t come here unless it’s free. So we need to do some repairs! In a one-room apartment, a major renovation with the simplest materials will cost at least 600-700k. Without furniture! Without technology! And of course without a kitchen! Let’s say he puts all his junk there and at least doesn’t spend money on it, but where can he get six hundred thousand at once? And the Muscovite wanders to the bank. For a loan. To then rent out an apartment for 30k a month and pay off this renovation for three years. After three years (if you're still lucky), the tenants usually move out, leaving behind devastation that cannot be covered by any collateral. Only the landlord was going to fatten up, and here you are again faced with a choice: repairs or Tajiks. And this time the landlord is looking for 300k to put all this splendor in order at least basicly. He will fight them off for at least a year. With such a simple price breakdown, it’s not difficult to imagine that at some point the landlord feels like a loser - he can’t make money on an apartment. “And they wrote on the Internet...” he thinks and writes an advertisement: Apartment for rent. Russian married couple. Without children. NO animals. Clean. Without bad habbits. But this, of course, will not help him; the apartment will certainly be trashed. And again and again and again and so on all his life - he counts the pitiful pennies of the “profit” and curses through his teeth. Because it’s profitable to rent out grandma’s apartment only on Arbat. And everything else is decay, waste, not worth even a penny. Although there are interesting stories with tenants. But this is rather an exception.
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When I just started renting out an apartment, the advertisement was written like this: “one-room apartment looking for good tenants.” All. No more demands, and the “interview” looked like this: yes, we can break the deposit, yes, let mom come from the Urals, yes, you can hang your eighty paintings - passed! For a while I was even lucky to have tenants, but not for long. For example, the best tenants were a couple of lesbians: they were not heard or seen, the money arrived on time, and my mother, who lives in the next apartment, believed that they were just girlfriends. Only a local system administrator brought a piece of gossip: he once repaired his computer with it and then told me with inspiration: “I’VE NEVER SEEN SO MUCH HARD PORN FROM ANYONE!” And okay, they still didn’t turn it on at full volume. Then a new couple came to see me. Then she left, breaking the sink, unscrewing all the light bulbs, tearing off the curtain rods and refusing to pay the bills - they said they were on vacation, so the mice apparently poured water to wash themselves. They moved out with a week's notice. What, we agreed to give a month's notice? Ha. The following tenants honestly asked: “We took a kitten from the metro, can we keep it?” Not bad guys, honest. But they are narrow-minded. They apparently believed that the stink in the apartment was from the neighbors. When they moved out, I crawled throughout the apartment on my stomach with a special flashlight, trying to figure out: where else did this furry bastard piss? It took three weeks to remove the smell. The last renters conceived a child on the first day of living in their new apartment. So hard that they bent the metal base of the sofa bed. The baby took after his parents - strong and nimble, but stupid, like all normal babies - so, when he was born, he destroyed the apartment to the point of “needs repairs.” There were many tenants. All were united by one trait: “If it’s not yours, don’t mind,” but, realizing this covenant, everyone invented something new, something that would make the landlord’s mouth agape after they moved out. I stopped believing in people. Now everything is spelled out in the contract: payment for general cleaning, - who can live in the apartment, - a fine for late payment, - a fine for moving out early (“oh, we lived for two months and the circumstances have changed” - this also happens), - a full inventory property and its condition including detailed photographs - inspection by the owner once a month (of course, I'll be lazy). The agreement prohibits smoking in this apartment. Get animals. Drill holes. She forbids giving birth and raising children (she could not forbid conceiving). And the announcement of surrender is a triumph of chauvinism: only Russians, only married couples, only without children and animals. It is advisable that he be a polar explorer on a five-year expedition to the North Pole, and she hangs out with her mother until her husband returns. In general, this is an ad that usually attracts hundreds of comments: “Landlords are crazy!” But it’s their own fault. Sami. Well, I'm a nice girl.
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Tags: NATALIA COSHAREL apartment Moscow unprofitable to rent
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What to do before renting out an apartment
If the apartment has a mortgage
Re-read the loan agreement. Many banks require you to agree with them on your intention to rent out an apartment. The documents also spell out sanctions for failure to comply with this condition. They can be very unpleasant: for example, the bank will demand that you repay the loan early.
To avoid getting into such a situation, clarify the bank’s position and agree with it on the rental of housing, if required. Director of the legal service "Unified Center for Protection" Konstantin Bobrov advises obtaining written consent from the credit institution and attaching it to the lease agreement.
If you are not the only owner of the apartment
To rent out a home without problems, all its owners must agree to this: even those who have tiny shares in the property.
If this condition is not met, the contract may be considered invalid or not concluded. Other owners may at any time demand that you stop violating their rights and recover damages from you.
Konstantin Bobrov, director of the legal service "Unified Center for Protection"
There are two ways to do everything legally:
- Take written consent from all owners - ideally notarized.
- Draw up a notarized power of attorney, in which the owners of the shares authorize you to dispose of the property on their behalf.
The danger of renting an apartment without a contract
If you try to rent out housing illegally, you will have no guarantee that your property will not be stolen. Moreover, you will not even be able to prove that this or that furniture, appliances and other interior items were present in the apartment when you transferred it to the tenant for use.
The tenant will also not be responsible for walls, floors, doors and anything else. Even in court, you won't be able to prove that the ceiling looked better or that the floor was new before the tenant damaged it.
It is important to understand that a real estate lease agreement specifies a large number of nuances in the relationship between the parties. In addition, it also says who exactly will carry out the repairs and at what time. If all this is not specified, then after the tenants leave you may find yourself with an apartment that requires major repairs.
What to do when a tenant moves in
Enter into a contract
Obligations sealed on paper are beneficial to both parties. (It is worth mentioning that further we will talk about renting premises by an individual. Relations with commercial structures are much more complicated and deserve a separate article.)
The contract specifies the responsibilities of the parties and sets out their obligations. For example, the owner of an apartment can provide for a fine for late payments, introduce a clause according to which minor repairs will be provided by the tenant (by default, this is assigned to the owner of the Civil Code of the Russian Federation, Article 681. Repair of rented residential premises). If the tenant damages something in the apartment, you can receive compensation. Don’t be afraid to take into account all the nuances in the contract. This will help weed out tenants who are not ready to comply with your conditions.
If you rent an apartment officially, there may be problems with eviction of tenants before the expiration of the contract.
Tenants who do not want to leave their housing will have to be expelled through the courts. According to the director of the legal service “Unified Center for Protection” Konstantin Bobrov, good reasons are needed here:
- Tenants do not pay rent for more than six months, unless this period is extended in the contract. This measure applies only to long-term contracts; for those concluded for less than a year, two missed payments are enough.
- They use housing for purposes other than its intended purpose: for example, for commercial needs.
- They systematically violate the interests of their neighbors: they litter the common space and make noise.
It is worth keeping in mind the following: in court you can not only evict negligent tenants, but also collect payment from them for the time they actually lived in the apartment and for the damage incurred. But all these measures will only be required if you want to evict them before the contract expires. If it ends, the tenants lose the right to live in the apartment.
In this regard, it is much more profitable to conclude contracts for a period of less than a year:
- the contract will end quickly;
- To go to court, two missed payments are enough;
- such an agreement does not need to be registered with the Federal Property Management Agency.
This is not all you need to know about the agreement. Read more in the corresponding Lifehacker material.
