How to correctly rent an apartment and what nuances should be paid attention to?
Probably not everyone has ever rented an apartment. But how do you do it correctly in order not to end up without money or lodging? What is worth paying attention to and what kind of support is needed?
Real Estate Services
To find the right apartment you can use the services of agents – realtors, who will provide you with the necessary assistance: from choosing the apartment according to your wishes to the preparation and negotiation of a rental agreement.
In this case, the relationship with the realtor should be formalized by signing the appropriate contract, detailing the list of services they will provide. Also it is worth the time to agree about payment for such services – it does not have to be any advance payment – only for the fact of delivery of services.
This way you will protect yourself from possible risks. However, engaging a mediator to rent the apartment is not mandatory, you can independently do all the necessary things for renting the apartment.
Check the required documents when signing the lease
Only the owner or another person authorized by him/her has the right to dispose of their property – housing, including its transfer for rent.
First, check the documents of title to the returned apartment: the contract of sale or other document confirming the right of ownership and the document that identifies the person-owner – passport.
In addition, check the data received in the State Register of Real Property Rights (hereinafter referred to as “Derzhreestr”). You can fill in the application on your own at the “Justice House” portal, using the Single Register of Real Estate Rights (hereinafter referred to as “Derzhreestr”).
It does not interfere with checking the owner and the apartment itself for encumbrances and encumbrances or encumbrances on property. This information is kept in open registers: the State Register, the Unified Register of Borrowers, etc.
If the interests of the owner are in the hands of a trusted person, read the authorization and the powers of the trustee. Remember, the power of attorney from an individual must be notarized, but there is no such request for legal entities. If the apartment is rented, you must ask the landlord for permission to rent the apartment.
Sign the lease agreement
The law states that the rental agreement can only be signed in writing. At the request of Storin this contract can be notarized, thus the rental agreement with the redemption and the lease contract for more than 3 years is subject to mandatory notarization.
When entering into a lease agreement, pay attention to the following:
The lease term
If you have not established the term of validity of the contract, the contract shall be deemed to have been concluded for 5 years. If you consider the term of tenancy too short – put in writing the provision on the overwhelming right to renew the lease for a new term, or automatically prolong such an agreement.
The amount of rent, procedure and terms of payment are mandatorily contained in the agreement. If the payment schedule is not specified, you will be obliged to pay the rent on a monthly basis.
The rent is a fee for the use of the apartment. However, in addition to this fee, you will also have to pay for housing and utilities. In this case, the contract can also divide which services will be paid by you, and which by the Landlord.
Unilateral change in rent
As a general rule, such change is not allowed, but the parties may stipulate otherwise in the contract. Therefore, in order to protect yourself from an unscrupulous landlord, include provisions in the contract that would protect you from repeated and unwarranted increases in rent.
Form of payment
It is better to pay without payment, because in this case, the fact of payment will be easier to confirm, if you have noted the appropriate designation of payment. In the case of a payment receipt, the money should be handed over under a receipt, stating the date, amount of the transferred money, who, for whom and for what you pay and obligatorily sign your and the Landlord’s signatures.
What about the mortgage?
Often the lease contract includes a provision for mandatory payment of the rent for the first and the last month of occupancy. In this case, it is important to note that the rent for the last month is an advance payment, not a deposit, and must be returned in the event of early termination of the contract for any reason.
Follow all the rules of the lease
In order to protect yourself from a possible secondary lease – transfer of the apartment for rent to other persons, include in the contract a provision about the absence of third-party rights to the apartment and the responsibility of the Landlord, if such a fact he has covered. In addition, it is advisable to record the duty of the Landlord to visit the apartment exclusively by prior notice and in your presence.
Identify the grounds for terminating the lease
The law states that you have the right to cancel the contract at any time by giving three months’ written notice to the landlord (the contract can specify a shorter term). The landlord has the right to terminate the contract if it is necessary to use the apartment for his/her own living, by notifying the landlord at least two months in advance.
If you have not paid the rent for six months, or if you have rented the apartment for up to one year, up to two times or if you cancel or give up the apartment, the tenancy agreement can be canceled by court order at the landlord’s request. In addition to the grounds for termination, you can also establish others.
Draw up and sign the act of transfer and acceptance
This is to record the fact of handover of the apartment and to prevent any unjustified claims by the landlord. In the act of acceptance-transfer of the apartment, describe what kind of property and in what condition it is transferred together with the apartment (furniture, appliances, etc.), as well as the readings of the switches at the time of transfer of the apartment.
Also, if you insist on renting the apartment by yourself, be respectful when checking documents and signing the lease agreement, so as not to get into trouble with the shahrazy and give you the apartment to rent. And most importantly – trust this matter to the lawyers.