Collecting documents is a mandatory step before renting out an apartment. It will allow the transaction to be completed quickly and safely for both parties. We have compiled a list of what the owner needs to prepare before publishing an ad and arranging viewings.
The caution of tenants is understandable: the number of scammers who are trying to profit from someone else’s desire to rent an apartment profitably is only growing. How can you document that you are an honest landlord?
IMPORTANT
The most important rule: no copies – only original documents!
1. Document of title
proves that you are the owner of the apartment, and therefore have the right to rent it out.
Usually this is a fresh extract from the Unified State Register of Real Estate. In addition, there is a certificate of registration of rights, which was issued before July 2016 (if the apartment was purchased later, you do not have such a certificate, and this is normal).
You can obtain a fresh extract from the Unified State Register of Real Estate through the government services portal (online extract), through the MFC or at the Rosreestr office (paper version).
Complete information about who owns the property is contained only in the extract ordered by the owner himself. Since March 2023, outsiders cannot receive a complete statement with such information. That is, a potential tenant cannot independently check who actually owns the apartment he likes.
IMPORTANT
The statement must be recent – no more than a month old.
2. Title document
shows on what basis you own the apartment.
Usually this is a purchase and sale agreement, a gift agreement or a certificate of inheritance. This document may not be required. But if you come across a “very experienced tenant” and want to know how the apartment came into your possession, it is better to have the title document at hand.
3. Notarized power of attorney,
if you rent out an apartment by proxy, and the owner is abroad or in another city.
You need to fill out this document correctly in advance. You and the owner draw up a power of attorney with a notary, which is registered in the register of powers of attorney. The tenant will be able to check the validity of the document in this register. The second copy of the power of attorney is kept by the notary.
The power of attorney must list what the authorized person has the right to do: arrange viewings, sign documents, accept money. If some stage of interaction with the tenant is not specified in the power of attorney, the tenant may have doubts.
4. Passport
The tenant will definitely want to make sure that you are the owner of the apartment indicated in the title and title documents, or the person for whom the power of attorney is issued.
IMPORTANT
Obviously the passport must be valid. Make sure you replace your passport in a timely manner – for example, upon reaching 45 years of age.
5. Consent and notarized power of attorney from co-owners,
if the apartment has several owners.
Let’s say it was registered as property during marriage or was inherited by several family members.
Usually one consent is written immediately from all owners who cannot come to sign the agreement in person. The consent indicates the passport details of all owners, each person signs it personally.
IMPORTANT
Information about how many owners an apartment has is contained in title documents—it cannot be hidden.
6. Permission from guardianship authorities,
if there are children among the owners.
In Moscow, it can be obtained from the social protection department at the child’s place of residence, and in other regions – from the municipality.
There is also a limitation: the funds from renting out such an apartment cannot be spent in full. According to the law, the child’s share must wait until he reaches adulthood in a special account. The share is calculated depending on the proportional costs of maternal capital for the purchase of an apartment.
7. Bank permission,
if you are going to rent out an apartment for which the mortgage has not yet been paid.
You will have to ask the bank (and possibly the insurance company) for permission. Before going to the bank, we advise you to re-read the agreement concluded with it: what if it initially established a ban on renting out an apartment?
8. Certificates of absence of debts for housing and communal services
will prove that there are no debts on the apartment.
In this case, the tenant will not be afraid that their electricity, water, landline telephone or Internet will be cut off.
The certificates will make subsequent payments for housing and communal services by the tenant as transparent as possible – he will be sure that he is not paying for previous tenants.
IMPORTANT
When handing over the keys to the tenant, do not forget to take meter readings – from that moment on, it is he who pays for housing and communal services (unless you have agreed otherwise).
9. Agreement with Internet provider:
keep the contract at hand – most tenants need the Internet.
An agreement (primarily a login and password for your personal account) may be required if the tenant wants to change the tariff or provider during their stay.
10. Registration with the tax authority
To rent out an apartment and sleep peacefully, you need to pay taxes. The easiest way is to apply for self-employed status. If you are not renting apartments, the tax will be only 4%. You will need your TIN.
12. Lease agreement
You can use a standard agreement and make all the necessary additions and changes to it.
Here is a list of the most important points of the agreement:
- Passport details of the tenant and the landlord (it is worth listing everyone who will live in the apartment).
- Description of the apartment: address, number of rooms, condition.
- Terms of payment: rent, payment date, payment method, payment details, conditions for deposit payment, terms of payment for housing and communal services.
- Conditions for terminating the contract: how far in advance the parties are required to notify each other about vacating the apartment and what sanctions will follow if the deadlines are missed.
- Special situations: how often can the landlord check the apartment, whether it is possible to smoke/have animals/drill in the walls, etc.
- Responsibility of the parties – what happens if someone violates the terms of the contract.
IMPORTANT
Most often, the contract is valid for 11 months, and then it is automatically extended (this clause should also be included in the contract).
If you enter into an agreement for a longer period, it must be registered with Rosreestr.
13. Inventory of property:
A detailed listing of all furniture, appliances and utensils will save you from problems in the future.
The inventory should be as comprehensive as possible: not just “TV”, but “LCD TV from Samsung, 14 inches diagonal and costing 25 thousand rubles.” Otherwise, the tenant who broke the TV will buy a Soviet Rubin in return – after all, it’s also a TV.
The inventory is drawn up and signed in two copies and remains in the hands of each of the parties. The tenant will ask you to cross out some items and to remove unnecessary property from the apartment. Be sure to include a photo with the description.
14. Transfer and acceptance certificate
A standard document, from the moment of signing of which responsibility for the apartment passes from the owner to the tenant.
CHECKLIST OF MANDATORY DOCUMENTS FOR THE LESSOR
If you are the only owner and the apartment does not have a mortgage, you will need:
1. Document confirming the title (fresh extract from the Unified State Register of Real Estate);
2. Passport;
3. Lease agreement;
4. Certificates of absence of debts for housing and communal services;
5. Inventory of property;
6. Transfer and acceptance certificate;
7. Your TIN (you need it, not the tenant).