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Apartment for rent: how to protect yourself from possible problems
(IA "Tyumen line")
to Rent accommodation in Tyumen is easy. In the regional capital available daily and long-term hiring. In this case the owners don't always make out the hiring in accordance with the law.
On how to consolidate relations between the tenant and the landlord and to protect themselves from possible problems, the correspondent of "Tyumen line" have talked to a lawyer Tyumen regional Collegium of advocates Inessa Smirnova and representative of the Public Council at UMVD of Russia across the Tyumen region, a member of the Association of lawyers of Russia Jaroslav Ilyin.
- First of all, let's clarify who can rent an apartment rent? Does the law contain any restrictions?
Inessa Smirnova: to Provide premises for payment in possession and use for residing in it on the employment contract entitled the owner or the person authorized by him.
If the residential premises granted on the basis of a lease or other agreement to a legal entity, it may use the premises only for residing of citizens.
According to the law the possession, use and disposal of the property under common ownership shall be by mutual agreement of all participants. Together own and use common property is the joint property (usually the spouses), unless otherwise provided by agreement between them. The consent of the participants in joint ownership is expected regardless of whom the transaction is performed.
to put it simply, is to ensure that the co-owners of the common property agree to the transfer in someone else's possession and use under certain conditions.
it Often happens that one of the spouses dispute on the division of property in court, to the detriment of the other leases common property to third parties, getting from this income. The second trying to prevent this or to dictate terms.
the tranquility of the tenants in the conflict of interests of owners, will not. They are forced to seek other accommodation.
Current data on registered rights to real estate today is quite simple, this information provides the building. Presented to the "owner" of the apartment previously issued certificate of ownership may be unreliable (invalid). Fraud – worst of the dangers for employers.
To a sublease with the consent of the landlord may transfer all or part of the hired premises the hirer remaining responsible to the landlord for the tenancy agreement in the presence of the subtenant.
And, of course, the landlord should not forget about their tax obligations.
- On that note, if the room rents are not the owner himself?
I. S.: his powers must be specified in the authorization and expiration date.
to the power of Attorney on behalf of a legal entity is usually issued over the signature of its head. The power of attorney on behalf of a citizen must be notarized.
Also, there are times when the possibility of substitution. In terms of delegation, the document should not provide more rights than are provided by the main proxy, and the validity may not exceed the period of validity of the power of attorney under which it is issued.
the Conditions under which it is expected to conclude the corresponding contract, can be determined in a power of attorney or assigned at the discretion of the Trustee of the landlord.
Often, power of attorney, issued by other owners, operates one of the participants of common ownership.
- a lease (rental) is the main document that regulates the legal relationship between the tenant and the landlord. What nuances should be considered when it is signed?
I. S.: Before to conclude any deal, it is better to seek advice from a lawyer in order to properly understand its essence and consequences. Although the interpretation of the law requires a professional approach, I recommend to familiarize with the Civil code of the Russian Federation, which stipulates the basic types of contracts and requirements thereto, as well as responsibility for failure to fulfill obligations. The participants of the legal relations that attempt to resolve them, will at least represent what the contract terms are binding to the contract was considered concluded. What are at the discretion of the parties, and which are prescribed by law (and, therefore, in any case, will be applied by the court), when and in what order may be terminated from the contract. In other words, will know the extent of his freedom and responsibility.
the tenancy Agreement is in writing and signed by the parties.
In the case of a contract for a period of not less than one year is made by state registration in the order established by the law on registration of rights to immovable property and transactions with it.
If the mutual rights and obligations, and other terms of the contract are defined fully and do not allow ambiguous interpretations, the risk of disagreements will be less, and the outcome of their settlement is predictable.
non-compliance may result in the inability of the judiciary to protect the interests or its lack of effectiveness.
- what clauses you should pay particular attention to?
I. S.: first, we should clearly define the subject of the contract, specifying the exact description of the premises or part thereof (where necessary, referring to appropriate plan). This applies to both renting and lease of non-residential premises. If the subject of the contract is not agreed, the contract is considered not prisoner.
you Need to clearly specify the conditions relating to the contract price, and determine that there is a charge for hiring (rent) or other expenses that are usually borne by the tenant (lessee), for example, utilities, communication costs and Internet, cleaning of the room. It is necessary to make the act of acceptance-transfer of the property in sufficient detail to reflect state space (especially when enhanced, expensive finish); you can attach your pictures. If a room is transferred any property – furniture, appliances, dishes, equipment – it, too, should be described. In the event of a dispute about the condition of the property when you return a tenant (the lessee) will be the relevant evidence.
it is Important to accurately record the actions of the parties in the performance of the contract, especially payment for the use of the premises and other payments. If cash payments are confirmed by the receipt of the landlord in receiving money, must be specified amount (preferably in words), the period for which it is payable, and payment. When paying by Bank cards is not to send a message to the lender.
Disputes, and as a consequence of litigation, typically associated with the fee for the use of the premises, a change in the landlord rates, early termination, causing harm to the landlord, not vacating the premises at the end of the period of use.
- What are the recommendations to the landlord when choosing a tenant, the tenant?
Yaroslav Ilyin: First of all, when talking about the delivery of apartments not for day or two, but for a longer period, you need to pay close attention. View the passport of the person you allowed into the house, to ask what he was doing, what case came. If you notice oddities – for example, the employer does not want to show your documents or to execute the contract, or asks you to sign a contract on behalf of someone else - cheerleaders, even if he is willing to compensate for the lack of papers higher cost.
last year in the Tyumen region the police detained a gang, which organized a network of street beggars. These people – about a dozen people – have settled in a rented apartment. The owner might not know about who lives in its housing.
- How to protect yourself at the stage of signing of the contract?
Y. I.: In the tenancy agreement or lease you can register the condition that the property owner will control the use of premises, respect for order, careful use of common property.
However, it is necessary to specify in advance the time of the visit and avoid coming in another hour or in the absence of the tenant, because this can be followed by the claims of the tenant of the violation, for example, personal or family secrets.
- And what to do in case the contract is signed, but the owner began to doubt the law-abiding resident?
Y. I.: If there is reason to believe that human activities can pose a threat to the rule of law, you must notify the competent authorities. For example, to contact the police on the helpline, it is normal practice.
unfortunately, there are situation when a housing is removed for criminal activity and deploy its brothels, so the owner must be vigilant and be aware of the liability (Art.
205.6 the UFPA "not informing about a crime" - approx. ed.)
If you are going to put in his apartment of a foreigner, it is necessary to consider some nuances. In particular, there is the established order of granting of premises to foreign citizens, the violation of which provides for liability (article 18.9 of the Code of administrative offences – "Violation of rules of stay in the Russian Federation of foreign citizens and individuals without citizenship" - approx. ed.).
- Judging by your practice, for whatever reason, are likely to occur trial in the recruitment of real estate?
I. S.: most of the disputes relate to the payment. In particular, tenants or tenants leaving the premises without a final settlement with the owner. This can be avoided by installing a prepayment in determining the period for which paid in the next payment. Disputes arise because of unclear wording that applies to rents, and that beyond it – to other payments, and also due to improper fixing of the payments under the contract.
due to the fact that the parties did not sign the act of reception – transmission and did not specify the state space at a resolution of dispute in court, it was difficult to prove the transfer of property possession and use of the defendant and the subsequent deterioration of his condition compared to the natural wear and tear.
the following case: the owner has sublet the apartment to a family with a wheelchair user and those for ease of movement skived axe all thresholds and an equally barbaric way expanded doorways. Leaving the room like this and not a good sanitary condition, without paying to the end, the lodgers went in an unknown direction, taking part of other people's things. I had to go not only in court but also to the police.
Y. I.: Often disagreements happen due to the fact that employers do not take from the landlord a receipt in the simple written form of transfer of money. It must be stated the amount, and also fixed the period for which the payment is performed. It is desirable that large sums were transmitted in the presence of witnesses, in special cases, it is not excluded conduct audio or video recording. If there are doubts, and the Treaty allows, you may first make sense to be limited only by the advance. These measures will help to protect yourself, because to return the already paid money will not be easy.
I. S.: In case tensions between the parties, it is important that all communication under the contract was written so that you can refer to the correspondence which side is what you asked for, whether it was executed. Recall that if the tenant wants to move out, you need to remember that eviction is in the court. Let it will take more time, but arbitrariness should not deal with avoiding counter-accusations. In practice, between the time of the claim and the decision on eviction may take 2 to 3 months. But it is a legitimate option.
Y. I.: In any case, the best advice – carefully read the lease (rental). If there is unclear or contentious issues, do not trust verbal assurances of the opposite side. Take time for reflection and perhaps consultation with a lawyer.
unfortunately, the practice shows that the vast majority of citizens signed the document without looking, do not read them carefully, believe in the word and sounding the alarm once signed. The document, of course, may be declared invalid, and the transaction void, but only if the violation of the requirements of the law. Otherwise both sides should be mindful of the freedom of contract.
Tatiana Kovaleva / https://t-l.ru/244235.html
Apartment for rent: how to protect yourself from possible problems
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