An ideal example of a lease agreement. Pitfalls of rent, or what should be considered when concluding a lease agreement

18.04.2019

4498

What is rent?

Thus, rent- this is a set of payments for the fact of owning property, expressed in cash or in kind and transferred monthly or for other periods of time. The rent does not necessarily have to have a market mechanism of formation: the agreements reached between the owner and the tenant are at the forefront. At the time the lease is established, the tenant actually owns (but is not the owner and cannot dispose of) the property, using it for its intended purpose and is responsible for its safety.

Rent may be established for any movable and immovable property, in particular for:

Apartments and other living space (all 35 chapters of the Civil Code of the Russian Federation).
Transport and other equipment, rental (installed).
Land ().
Financial assets (leasing).
Businesses and buildings.

Types of rent

Calculus rent can be established within the framework of an agreement, as well as within the framework of methods predetermined by law:

Recurring or one-time payments paid before the expiration of the lease. Payments can be fixed or floating, depending on the volume additional services spent in the course of . This type is the most applicable.
Counter rent expressed in kind. A variant is possible in which the transfer of ownership of a thing is carried out, that is, payment in kind takes place. The parties determine guaranteed period, serving as necessary compensation for the transferred thing. The term of a lease with a similar fee is determined by the duration of the counter lease.
Income from doing entrepreneurial activity carried out in the leased object. IN this case installed interest rate applied both before and after. On practice this species rent is significantly inferior to fixed payments, as it introduces uncertainty and the risk of fraud for the landlord. The person acting as the employer informs about the income, and the owner provides rental report.
Investments in appearance and communications of the rented object. It is often mixed with fixed payments, allowing not only to receive money from rented property, but also to restore the quality features of housing and vehicles.
Other benefits and services provided by the tenant to the owner. In particular, the tenant may provide business services that are otherwise provided only on a commercial basis.

Resolution of the Supreme Arbitration Court No. 3484/07 allows mixing of the above types of lease in any proportions established with respect to a certain market value rent. If the rent is set in cash, the amount of the rent is directly indicated in the contract.

Determination of the amount of rent

The amount of payment is closely related to the type of rent, which is defined in the contract. If the rent is a certain proportion, the person renting the premises is obliged to provide documents on the basis of which rent calculation according to the given formula. In particular, certificates from the tax office or cash receipts are applicable.

Fixed payout, including paid at a time, is determined by the terms of the contract, which prohibits the increase in rent in unilaterally. Since it is voluntary, the legislator assumes that the parties are able to independently determine the value of property ownership, based on market indicators. In this case, the tenant undertakes to pay the fee regularly on the basis of Article 614 of the Civil Code of the Russian Federation. This paragraph defines the most important obligation, the violation of which may cause a revision of the agreement.

The procedure for paying rent

The rent cannot be paid if the property is not transferred to use. Otherwise, the payment procedure is as follows:

The persons planning to conclude a lease agreement jointly (or the owner alone) determine the cost of the agreement.
A contract is concluded according to a model, within the framework of which the term of the agreement is indicated. By general rule indicated one year. The document also includes the procedure for making payments and responsibility, supplementing the norms of the Civil Code of the Russian Federation.
The property is transferred into the possession of the tenant under the act of acceptance and transfer. The document must contain the state of the subject of the transaction, as well as notes that the receiving party can make.
Payment is made to the settlement account of the organization-lessor specified in the contract, or transferred personally as part of a receipt, act or other receipt document. Lease payments that are not documented cannot be considered repaid.
If property or a lump-sum payment is transferred as payment, and the terms of transfer are not specified within the contract, the tenant is obliged to provide them within 30 days from the date of obtaining access to the object.
At the end of the rental period, the current tenant has the priority right to renew the lease. At the same time, the rental price for it cannot exceed the offer of this object on the open market. The tenant may send a letter requesting a rent reduction if the market situation permits.
All payments become property from the moment they are made, unless a counter lease is specified in the contract. Thus, the tenant does not have the right to dispose of the funds, property assigned to the tenant under the contract.

Early payment of rent

Civil law also determines that in situations where circumstances do not depend on the will of the tenant or landlord, early payment of rent is possible. Early payment does not always mean. In particular, if the tenant regularly violates the terms of the agreement, damages the property, the landlord may demand payment for two periods (usually equal to a month) established in the contract.

The right to early payment of rent in favor of the owner can be used if the violation of the terms amounts to less than one month. Moreover, the landlord may require payment no more than one month in advance, which actually means prepaid. In the case of a judicial review, if the property of the owner is damaged as a result of the actions of the tenant and this requirement is stated in the application, the court can also force early payment of the rent.

Also, early payment cannot overlap the end of the lease, even if the parties, guided by, decide to extend the lease.

Most frequently asked questions and answers about rent

Conclusion

The rent is an effective tool to encourage owners who do not use the object of their rights on their own. Rent can be fixed unilaterally or by agreement between persons. The transfer of property to other persons for a fee is considered in detail in the Civil Code of the Russian Federation, the Labor Code of the Russian Federation, as well as individual federal laws establishing:

Mutual obligations to transfer property, funds and meet deadlines between the tenant and the landlord.

The need for timely payment rent payments.

Various forms of payments, limited only by the terms of the agreement.

The possibility of receiving payments ahead of schedule, if circumstances so permit.

Entrepreneurs often need to rent premises for their activities. If the premises are rented from individual This often leads accountants to confusion. Is it possible to include the fee for renting premises from an individual who is not an entrepreneur as an expense?

Let's consider this question from the point of view of the law. What are the features of the contract?

A lease agreement with an individual owner is no different from a lease agreement with a legal entity. Mandatory details in the contract must be:

The address of the location of the rented premises, the exact address of the location of your organization in the building (floor, place in the room), the area of the rented premises.

Amounts of rent payment, procedure and terms of its payment. When concluding an agreement with a "physicist", VAT does not need to be registered in the agreement, since an individual is not its payer, and accordingly, he does not have the right to set a lease with VAT.

If the above conditions are not met, the lease transaction will be considered invalid, respectively, the lease agreement - not concluded (clause 1 of article 654 of the Civil Code of the Russian Federation).

If a lease agreement for premises with an individual is concluded after March 1, 2013, it is not necessary to register it with the territorial body of Rosreestr (Article 2, clause 1.8 of Law N 302-FZ of December 30, 2012). And this does not depend on the duration of the contract.

For contracts concluded before this date, they do not need to be registered in the following cases: if the term of their conclusion is less than a year, or the lease term is not specified in the contract, i.e. the contract is open-ended (Article 609, paragraph 2 and Article 651, paragraph 2 of the Civil Code of the Russian Federation).

Before signing a lease agreement for premises with an individual, ask the owner of the premises to show you a certificate of registration of property (“green paper”), even better, an extract from the USRR with the next date. This will give you the opportunity to make sure that the landlord is really the owner of the property, and the transferred premises are non-residential. If the premises are residential, tax authorities usually throw these amounts out of expenses for the reason that the premises are not used for their intended purpose.

How can a company pay for the rent of premises to an individual: by bank transfer or in cash?

An individual can receive rent from the cash desk of the organization on the basis of an expenditure cash order upon presentation of a passport. Moreover, the settlement limit (so far 100,000 rubles under one agreement) does not apply to relations between citizens and organizations (Instruction of the Central Bank N 1843-U of 06/20/2007).

The organization can transfer rent payments from its current account to the account of the landlord if he has any bank account opened (for example, a passbook or a payment card). This method of payment is more convenient for the organization, so it makes sense to convince an individual to open a current account. But at the same time, you definitely need to find out what the commission for opening an account and withdrawing money will be. In many banks, it can be significant.

Can utilities be taken into account in the cost of renting premises from an individual?

If you want to include utilities in the costs, you need to include their cost in the rent. This operation can be done as follows:

1. Utility payments are included in the rent as a fixed amount and are not allocated separately. Then the lease agreement may look something like this: “The cost utilities consumed by the Tenant is included in the cost of the rent. The rent is Rs.

In this case, this wording does not suit the landlord very much, since utilities are constantly growing, and their cost cannot be predicted in advance, besides, it is not known what water and electricity consumption the tenant will consume. The amount of rent can be changed no more than once a year (clause 3, article 614 of the Civil Code of the Russian Federation).

2. Utilities may be included in the cost of rent as a variable. In this case exemplary contract lease in terms of the calculation of rent will sound like this: “The rent consists of a fixed and a variable part. The fixed part is ______________ rubles per month. The variable part includes the cost of utilities consumed by the tenant during the given period. The amount of utility bills is determined on the basis of consumption meters installed in the premises and bills issued by utilities. Utility payments are paid on the basis of copies of invoices presented to the landlord for utilities.

In the second option for determining the rent, different amounts of rent per month will not be a change in rent.

With this approach (both the first and second options for accounting for rent), rent payments can be included in the tenant's expenses, since both the fixed and the variable amount of the rent will be payment for the lessor's services for renting out the premises (clause 1, paragraph 10 article 264, clause 1 article pp 4 article 346.16 of the Tax Code of the Russian Federation).

Do I need to charge personal income tax when paying rent to an individual?

Since a legal entity pays rent to an individual, this payment is income for an individual, and the legal entity in this case is considered a tax agent. Therefore, personal income tax of 13% is levied on rental payments to an individual, and the organization is obliged to charge, withhold and pay tax (Article 226, paragraphs 1, 2 and Article 230 of the Tax Code of the Russian Federation). She provides tax information.

The organization cannot shift the obligation to pay personal income tax to the citizen himself (clause 5, article 3 of the Tax Code of the Russian Federation). Of course you can conclude additional agreement with the landlord on the exercise of the right to accrue and pay personal income tax on him, but this clause of the contract (additional agreement) will be considered void (Letter of the Ministry of Finance N 03-04-05 / 3-314 dated 04/29/2011).

An individual will not be able to use a professional tax deduction on rental income (Article 221 of the Tax Code of the Russian Federation).

The organization rents the premises from its director. What rent to set? Can the minimum rent be taken into account?

There are no legal barriers here. You can set a minimum rent. Although both the organization and the lessor in this case are considered interdependent persons. But there is nothing terrible here. Since the cost of the transaction is minimal, it is unlikely to fall under control. Even if this happens, inspectors do not have the right to charge additional taxes:

Corporate income tax, since the costs here are not overstated.
- Personal income tax on the director due to the fact that he did not register as an individual entrepreneur, and there is no material benefit here.

If an individual decides to change his status and, you are no longer required to accrue personal income tax from his income. He must notify you of this himself. The most favorable mode for an individual when renting premises is

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The most important link in the organization of lease transactions is the economically justified composition and amount of lease payments. Since they contain unity and contradictions between the owner of real estate, the tenant and society (arbitrary increase or decrease in the amount of rent infringes on the interests of the entrepreneur or causes damage to the owner and the state). Mistakes lead to negative consequences: to unreasonably large incomes of some or the bankruptcy of entrepreneurs. High rents reduce financial incentives or even exclude objects from productive use.

Rent - this is a form of economic relations of equal partners (owner and tenant) for the distribution of the newly created value of the property, accumulation, stimulation of labor activity, redistribution of income and is one of the economic forms of realizing the right of ownership.

There are three essential points in the rent mechanism:

Composition of payments;

The amount of payments;

Ways (methods) of calculations.

The most common method of establishing rent is to determine a fixed amount of payment, calculated on the basis of the value of the entire leased property or a separate one for each of them. component parts. Payments are made, as a rule, within the terms established by the contract. However, a one-time payment is also possible. When renting buildings and structures, the rent is usually set per unit area based on the actual size of the leased object.

The lessee is the owner of the products and income received as a result of the use of the leased property. Rent may be paid by transferring part of the product or through the provision of certain services. As a payment for the use of property, the tenant may be charged the costs of improving the leased objects. Thus, the rent is determined both in cash and in kind. Various combinations of these forms of payment are also used.

In the case of the lease of certain fixed assets by operating enterprises, the rent is included in income from non-sales operations. Depreciation deductions accrued by the lessor and reimbursed at the expense of the rent received, including them as expenses from non-sales operations. The exception is depreciation deductions made by the tenant on property under an enterprise lease agreement. In this case, the lessee includes the fee in production costs.

When determining the amount of rent, the average level of rent prevailing in the given region for similar objects is taken into account, along with other factors. The amount of the rent will not remain constant throughout the contract, but changes due to changes in the operating conditions of enterprises, and first of all - with a change market prices for equipment. At the same time, frequent revision of the rent does not contribute to the creation of stable conditions for the effective use of the leased property, so the amount of lease payments can be reviewed no more than once a year (Table 1.). When renting buildings and structures, the rent must include the cost of using the land on which it is located.

When concluding a lease agreement, the tenant is responsible for maintaining the property in good condition and maintaining current repair to ensure the safety and return of the leased objects after the expiration of the lease in their original condition, taking into account normal wear and tear. In turn, the landlord is responsible for the shortcomings of the leased object. If the tenant, with the consent of the landlord, has made individual improvements to the leased property, they become his property - otherwise, he is paid their cost. Overhaul The object of the lease is usually carried out by the lessor.

table 2

Rent

Frequency of application	Application form	Components of the rent	Review Frequency
at a time	Fixed payment amount	Depreciation deductions accrued on the value of the leased property	On time, stipulated by the agreement but not more than once a year
Periodically, within the terms specified in the contract	Share of output or income derived from the use of leased property	Income that would be received from the direct use of the leased property
Provision of certain services by the tenant	The cost of repairing the leased object after the end of its term
	Transfer to the lessor of the property stipulated by the contract in ownership or lease	Rental property insurance costs
Imposition on the tenant of the costs stipulated by the contract for the improvement of the leased property	Other expenses of the lessor
A combination of the above forms

Thus, four economic elements are included in the rent (Rap):

depreciation charges for full recovery leased property (except land) (Am);

Funds for the overhaul of the facility, depending on the participation of the owner in its implementation (SC);

Property tax (Ni);

Part of the profit that can be obtained from the socially necessary use of the leased object (rental percentage - Tsa).

The first three elements form the return value (Rv) as part of the rent:

Vz \u003d Am + Sk + Ni, and Ap \u003d Vz + Pa.

The most difficult and controversial is the definition of lease payments for land. As long as there is a monopoly on land, as an object of economy, associated with the limitedness of the best in quality and location, tenants who use the relatively best receive additional income, which is quite naturally subject to withdrawal. But rent can be withdrawn not only from the best and average, but also from the worst lands, if there is a social need to draw them into circulation. To do this, the tenant must ensure both average profit and excess profit, which is possible due to the lower organic composition of production in agriculture. At the same time, the ownership of land by the state or a private owner determines only the direction of appropriation of absolute rent as part of the rent.

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Payment for renting a room

The lease agreement was concluded in 2015, terminated on 07.2016 according to the act. Payment for the premises was made regularly, however, on 02.2019, the landlord's lawyer called and said that it was revealed that they owed rent for 01.2015. Can they be charged? Has the statute of limitations passed?

If the debt is only for 01.2015, then the limitation period has expired.

The limitation period is 3 years, so the claims are already unlawful and the court will reject their claim due to the expiration of the deadline for filing a claim.

I want to pass non-residential premises for rent. Is it possible to take payment for several months in advance when concluding a contract?

Questions of the amount of rent, the procedure for its payment are essential conditions contracts that are negotiated. The law does not establish any restrictions in this regard. Therefore, you have the right to set conditions for paying rent several months in advance. Another thing is whether the tenant will agree to conclude an agreement on such conditions.

The main thing is that you are the owner or have the right to conclude a lease agreement. When concluding a lease agreement for a period of more than 1 year, it is subject to registration with Rosreestr.

I rented a room at the beginning of December. Payment was made in 2 months. On December 20, the landlord brought a receipt for the light, which I paid for. The next day he brought another one, said that the stores pay an advance payment for the month, took it in cash. On December 31, I learned that his house, along with this store, had been put up for sale for 3 months. On January 3, I asked to return the money paid, he refused to return it. I decided to finalize a month once everything was paid for, and on January 20 he brought a receipt for paying for electricity for the same amount. How to prove that this is the second receipt if the money was given to him.

Do you have proof of the transfer of money?

I would like to know, here is my situation with the rental of non-residential premises. I paid for the first and last month of rent, but the second month is considered the last month. Can I pick up the rest of the part that was not there. I leave on 01/01/19 and I have payment on the 19th of each month. That is, I have 15 more days in reserve and this is 30,000 rubles

Hello Ekaterina, you need to familiarize yourself with the lease agreement in terms of payment and refund.

If ip ( SOS income expenses) will pay for the rent of the premises in the bank through the operator, will this be a confirmation of the expense for the tax?

Yes it will, just specify the correct purpose of the payment.

LLC on the simplified tax system leases non-residential premises (warehouses, offices) to legal entities and individual entrepreneurs. Payment for rent is received only by bank transfer to the current account. Is a CCP obligatory for an enterprise due to changes in legislation from 07/01/2018?

Good day to you, You can in a personal consultation at e-mail ask a lawyer on the site to find out the full answer to your question, you can’t answer it briefly in a free question.

The organization owed rent for the premises. The landlord, using bailiffs, described the property that the tenant had rented from a third party. There are documents confirming that the property is the property of a third party. Documents have been provided. Is this legal? And what about the owner of the property?

Good afternoon. If the wording in the question - "by bailiffs" means that there is enforcement proceedings, then no illegally. Make copies of the material of the enforcement proceedings and submit to the district court at the place of the FSSP department, in whose production the material is located, an application to exclude property from the inventory.

Good afternoon, a claim is being filed to exclude property from the inventory, the defendant is the debtor, third parties are the recoverer and the bailiff. Good luck.

Unlawful, since the seizure of property is possible only in part belonging to the debtor. If the property does not belong to the debtor and there is documentary evidence, that is, it can be removed by filing complaints against the decision of the bailiff.

The question is the following. The lease agreement for non-residential premises stipulates that payment for the use of the premises must be made before the 5th day of the current month of using the premises. Which date is the last day of payment 4 or 5?

Here the question is the interpretation of the contract (Article 431 of the Civil Code of the Russian Federation). If the contract does not contain otherwise, then it can be interpreted that payment must be made before the 5th day, i.e. up to 4 inclusive.

4 number. If there were 5, then it would be written "by the 5th day of each month inclusive". Articles 190-194 of the Civil Code of the Russian Federation.

Hello Ivan! From the point of view of a literal interpretation of such wording about the term, payment must be made by the 4th day of the current month inclusive. The date indicated after the preposition "before" is not included in the period determined by the contract (rulings of the Federal Arbitration Court Northwestern District dated 03.05.11 in case No. A 52-4169/2010, of the Nineteenth Arbitration Court of Appeal dated 01.31.08 in case No. A 64-3246/07-20).

In this case, the contract is interpreted literally - Art. 431 of the Civil Code of the Russian Federation. On the fifth day of the month, the obligation to pay must already be fulfilled, that is, from the 5th day, penalties may be charged - Art. 330 of the Civil Code of the Russian Federation of the Civil Code of the Russian Federation Article 431. Interpretation of the contract When interpreting the terms of the contract, the court takes into account the literal meaning of the words and expressions contained in it. The literal meaning of the terms of the contract in case of its ambiguity is established by comparison with other terms and the meaning of the contract as a whole. If the rules contained in the first part of this article do not allow determining the content of the contract, the actual common will of the parties must be clarified, taking into account the purpose of the contract. In this case, all relevant circumstances are taken into account, including negotiations and correspondence preceding the contract, the practice established in the mutual relations of the parties, customs, the subsequent behavior of the parties. (as amended by Federal Law No. 42-FZ of March 8, 2015)

Civil Code of the Russian Federation Article 614. Rent 1. The lessee is obliged to pay the fee for the use of the property (rent) in a timely manner. Procedure, conditions and the terms for making the rent are determined by the lease agreement. In the event that they are not defined by the contract, it is considered that the procedure, conditions and terms that are usually applied when renting similar property under comparable circumstances have been established. Civil Code of the Russian Federation Article 190. Determining the term A term established by law, other legal acts, a transaction or a term appointed by a court is determined by a calendar date or the expiration of a period of time, which is calculated in years, months, weeks, days or hours. Civil Code of the Russian Federation Article 193. Expiration of a term on a non-working day If the last day of the term falls on a non-working day, the expiration date of the term is the next working day following it. Until 4., unless the deadline falls on a non-working day. Best wishes.

4 number last date payment. At the same time, Art. 193 of the Civil Code of the Russian Federation can still push back the date. If the last day of the term falls on a non-working day, the expiry day of the term shall be the next working day following it. That is, both 5 and 6 can be last days payment.

The 5th is the last payment day. Art. 193 Civil Code Russian Federation(GK RF). November 30, 1994 N 51-FZ.

Hello! In your case, it is up to the fourth day that it will be necessary to pay the required amount of Article 431 of the Civil Code of the Russian Federation under the lease agreement.

Please tell me, in the lease agreement for non-residential premises, the landlord wants to enter payment for the first and last month, but I have a production, I would not like to pay for the last month, do not tell me which article I can refer to.

Hello. The conditions and procedure for payment are determined solely by the parties to the contract. In this case, the terms of payment do not contradict the requirements of the law. I recommend that you negotiate and discuss the terms of payment.

You never know what you did not want, the parties have the right to agree on any terms of the contract that do not contradict the law. If the landlord agrees to provide the lease only on the specified conditions, then you only have the right to disagree with them and look for another room; "Civil Code of the Russian Federation (Part One)" dated November 30, 1994 N 51-FZ (as amended on July 29, 2017) (as amended and supplemented, entered into force on August 6, 2017) "" Civil Code of the Russian Federation Article 421. Freedom of contract Positions of higher courts on Art. 421 of the Civil Code of the Russian Federation ">>>" ""1. Citizens and legal entities free to enter into a contract. "" Compulsion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for by this "Code", "law" or a voluntarily accepted obligation. ""2. The parties may conclude an agreement, both provided for and not provided for by law or other legal acts. To an agreement not provided for by law or other legal acts, in the absence of the signs specified in paragraph 3 of this article, the rules on certain types contracts, statutory or other legal acts do not apply, which does not exclude the possibility of applying the rules on the analogy of the law (paragraph 1 of Article 6) to individual relations of the parties under the contract. (as amended by Federal Law No. 42-FZ of March 8, 2015) (see the text in the previous "edition") ""3. The parties may conclude an agreement that contains elements of various agreements provided for by law or other legal acts (mixed agreement). To the relations of the parties under a mixed contract, the rules on contracts, the elements of which are contained in the mixed contract, are applied in the relevant parts, unless otherwise follows from the agreement of the parties or the essence of the mixed contract. ConsultantPlus: note. On the terms of agreements concluded in the territories of the Republic of Crimea and the city of federal significance Sevastopol before the day of admission to the Russian Federation of the Republic of Crimea and the formation of new subjects within the Russian Federation - the Republic of Crimea and the city of federal significance Sevastopol, see Article 21 of Federal Law No. 30.11.1994 52-FZ. ""4. The terms of the contract are determined at the discretion of the parties, unless the content of the relevant term is prescribed by law or other legal acts (Article 422). "" In cases where the condition of the contract is provided for by a rule that is applied insofar as the agreement of the parties does not establish otherwise (dispositive rule), the parties may, by their agreement, exclude its application or establish a condition different from that provided for in it. In the absence of such an agreement, the terms of the contract are determined by a dispositive norm. ""5. If the terms of the contract are not determined by the parties or by a dispositive rule, the relevant terms are determined by the "customs" applicable to the relations of the parties. (as amended by Federal Law No. 42-FZ of 08.03.2015) (see the text in the previous "edition")

There is freedom of contract. Last month's payment required condition to conclude a lease agreement and is established by agreement of the parties, so you can bargain with the landlord. And if there is no queue for his premises, he may agree to conclude an agreement on more favorable terms for you

Most important document, which governs the payment for rental housing, is treaty. The Civil Code in Article 682 indicates that issues relating to the amount of funds, the procedure for their payment and the possibility of changing these conditions must be settled in the agreement.

Civil Code of the Russian Federation Article 682. Payment for housing

The amount of periodic contributions for housing is established by agreement of the parties. If, in accordance with the law, maximum level, then the numbers indicated in the agreement should not exceed it.
Unilateral change in the amount of required funds is not allowed, except as provided by law or agreement.
Money for housing must be paid by the tenant in documented deadlines. If this is not provided, the funds must be paid by the tenant on a monthly basis in the manner established by the Housing Code of the Russian Federation.

It is difficult to imagine a situation where the conditions for making money for renting an apartment are not prescribed. Therefore, it is necessary not only to discuss, but also write all the details in this document regarding this issue.

What does the tenant pay?

The entire cost can be divided into 2 parts:

The tenant will also have to pay for pledge. It is paid in the event that the premises are rented with "furnishings". The owner wants to be sure that his Appliances remain in place and be used as intended.

If any interior items are damaged or spoiled, then the funds for restoration are compensated from the amount of the deposit.

You can learn about how to draw up a lease agreement, as well as living space, from our articles.

Ways

How to make payment? There are two the most common way:

Transfer of cash against receipt to the landlord.
Transfer to the bank account specified by the owner.

Thus, there will be a document with which you can confirm the transfer of money in the event of a dispute. In no case do not transfer money “just like that”, without documentary evidence. Do not agree to give money to the owner's relatives, friends or acquaintances.

Learn from our article about how to receive money.

If the communal apartment is assigned to the tenant, then it is easiest for him to fulfill his duty through bank transfers.

Firstly, a lot of tools have been invented for cardholders - terminals, Internet banking, and so on.

Secondly, in a bank branch, you can easily take a printout and confirm the deposit of funds for utilities.

What is the rent for a privatized apartment? If housing privatized, then the owner will additionally have to pay property tax. The tenant is not subject to taxation.

Timing

Almost always the tenant pays for next month. This is due to the practice of concluding such agreements - after signing the documents, a deposit is paid and the first month is paid. Funds for the next month are paid in advance before its onset.

The parties must stipulate and fix the dates before which the payments must be made. cash. For example, no later than the 20th day of the current month, you must pay the next one.

If the contract is short-term, up to 11 months, then it makes sense to discuss making payments twice a month.

Delay cases

What to do if the tenant is late in payment? For such a situation, conditions are provided for penalties applied in case of delay in the transfer of funds: penalties, and so on. And yet, the owner of the premises should approach such a problem with understanding.

You should contact the tenant, clarify what caused his dishonest behavior. Probably, a person simply had material difficulties, which can happen to every person.

If delay is starting to become unacceptable, for example, they have been promising to pay you for a month, but there is still no money, then you will have to use official methods.

The landlord sends a letter to the temporary tenant demanding payment of the debt.

Can be contacted immediately to court with a statement.

Calling the police won't help in this situation. This is not a crime, but a failure to comply with the conditions civil contract. When the employees of the authorities find out about this, they will quickly send the owner to court on all issues.

Unfortunately, the landlord is in a losing situation. he lodger can't evict without a court decision, and the proceedings will take from a month to six months, taking into account appeals.

Some frustrated apartment owners write applications to management company so that cut off the electricity. After that, it becomes very difficult to use the premises, and the tenants hastily move out.

Participants in the transaction should remember that all payment terms must be documented.

The parties should not neglect the nuances of making payments for the use of housing. It should be the other way around write in as much detail as possible how and when the rent of an apartment is paid, so that in the future there will be no conflict situations about this.