Not in a rented apartment. Is it possible to register in a rented apartment, and what rights does it give? Is it worth renovating a rented apartment?
The owner of a rented apartment suddenly suggested that you pack up and vacate the apartment as soon as possible, although the agreement to rent the apartment was for a longer period? In what cases can the owner not evict the rented apartment before the agreed period of time?
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It all depends on the presence of a lease (hire) agreement or its absence. If rental agreement(lease) is there and drawn up correctly, it will become your weapon in a dispute about the terms of the apartment lease.
Rights of a residential tenant:
- live in rented premises;
- file a lawsuit if the owner of the apartment fails to comply.
Responsibilities of the owner of a rented apartment (Article 676):
- hand over to the tenant vacant residential premises in a condition suitable for habitation;
- provide or ensure the provision of necessary utilities to the tenant for a fee, ensure repairs of the common property of an apartment building and devices for the provision of utilities located in the residential premises.
No agreement
Eat residential lease agreement was not signed, and you did not take a receipt for the rent paid from the owner of the apartment, alas, all that remains is to move out. Without hiring, you can be kicked out simply because plans have changed or because you overwatered a flower in the apartment you occupied. In this case, it will be difficult to obtain from the court a decision on your residence for the period that was agreed upon when moving into the apartment. There is nothing to document the fact of renting a home and its terms except to provide more witnesses who saw how you handed over the rent to the owner and agreed on living conditions.
If the owner of a rented apartment threatens with court and other punishments, such as the police, feel free to do so. The judge will be on your side unless the landlord can prove that you were the one who violated the lease agreement.
Keep in mind that if the lease term is coming to an end, the landlord must notify you of his refusal to renew it three months in advance. If neither you nor the owner took care of the extension and its validity period is about to expire, a controversial situation arises because if the owner of the apartment did not warn about his intentions, as he should have, from a legal point of view the contract is considered extended (, p. 684) .
By a court decision, the tenant may be given a period to eliminate the violations that served as the basis for termination of the residential lease agreement. If during this period the tenant does not take all necessary measures, the court, upon repeated application by the landlord, decides to terminate the rental agreement.
A tenancy agreement is a fundamental document that regulates the relationship between the employer and the lessor. However, it is impossible to take into account absolutely everything in it. In addition, often the requirements of the owner and the wishes of the tenant may contradict the law. AiF.ru talks about what you can and cannot do in a rented apartment.
Replacing the lock— the first thing the tenant wants to do after signing the rental agreement, because it is unknown who rented this apartment before him. However, the landlord usually requires a copy of the keys from the tenant, and this often causes disputes. The opinions of the lawyers surveyed were divided on this matter. “The requirement to hand over the keys is legal, regardless of the terms of the contract, since the owner of the premises, on the basis of the Civil Code of the Russian Federation, as well as the Housing Code of the Russian Federation, has the rights to own, use and dispose of the property belonging to him at his own discretion,” says lawyer at the Yukov and Partners Bar Association Ekaterina Baglaeva. At the same time, there are nuances in the legislation that can play into the hands of the tenant. “The procedure for renting out an apartment is regulated by the norms of Chapter 35 of the Civil Code of the Russian Federation (renting residential premises). However, these rules do not regulate the issue of replacing the door lock by the tenant. At the same time, the replacement of the door lock by the tenant without the consent of the apartment owner is not a significant violation of the lease agreement, and in this case the apartment owner does not have the right to demand early termination of the agreement and eviction of the tenant,” - says Alexey Lipskerov, development director at Kvadrum.ru. According to experts, the only way to save yourself from the headache of duplicate keys is to think about this situation in advance and write it down in the contract.
Right of visitation by the owner of the apartment also often causes controversy . « The Civil Code of the Russian Federation does not contain a direct rule allowing the apartment owner to inspect the apartment and check its condition, Lipskerov said. - However, Art. 678 of the Civil Code of the Russian Federation provides for the tenant’s obligation to use the apartment only for living, ensure its safety and maintain it in proper condition. Accordingly, the apartment owner has the right to demand that the tenant fulfill these obligations. It follows from this that the owner of the apartment has the right to check the condition of the apartment, however, the frequency and order of such inspections must also be agreed upon by the parties either by verbal agreement or by introducing appropriate conditions into the contract.”
Drill walls It is forbidden to enter the apartment without the permission of the owner, since according to Art. 678 of the Civil Code of the Russian Federation, “the tenant has no right to carry out reorganization and reconstruction of residential premises without the consent of the landlord.” Therefore, before hanging a picture, the tenant must contact the owner. Throwing out the owner's furniture the tenant cannot either. If an old sofa, a lacquered wardrobe and a sagging armchair are the property of the landlord, they cannot be disposed of without his knowledge.
Accommodate friends and relatives in an apartment The tenant has no right without the consent of the owner. According to Article 209 of the Civil Code of the Russian Federation, the owner has the right to own, use and dispose of his property, which he transfers to the tenant, but not to his guests. If the guests caused losses to the landlord, he has the right to file a lawsuit in order to recover them. In order to save yourself from claims from the owner, this point must also be taken into account in the rental agreement.
Repair plumbing should be the owner of the apartment, unless its breakdown was due to the fault of the tenant. This is especially important when in an apartment pipe burst, and flooded the neighbors. The question arises who will pay. “If it is established that the pipe burst in the owner’s apartment, then he will pay for the repairs to the neighbors. The owner of the residential premises in accordance with Part 3 of Art. 30 of the Housing Code of the Russian Federation bears the burden of maintaining this premises. Part 4 of this article establishes that he is obliged to maintain the premises in proper condition, preventing mismanagement of it,” Baglaeva explained.
Set up a warehouse or office in a rented apartment the tenant has no right. Article 678 of the Civil Code of the Russian Federation provides for the tenant’s obligation to use the apartment only for living, and its violation may serve as a reason for early termination of the rental agreement.
In case of fire it is also important to determine the culprit, and if the tenant is guilty, then he is liable in accordance with Art. 1064 of the Civil Code of the Russian Federation. However, difficulties may arise here. The fact is that most rental agreements in Russia are not registered with government agencies, which means that the court may recognize them as not concluded. “Courts of general jurisdiction very often refuse to satisfy claims for the collection of arrears of rent payments, since the lease agreement for real estate was not registered in the prescribed manner, and accordingly, it is considered unconcluded. Consequently, it does not give rise to rights and obligations for the parties, and therefore, you as the owner will have to answer for damage caused by a tenant with whom you have not registered an agreement,” the expert said.
What to do if the rented apartment is your first independent home, and the owners are tightening the screws? It is worth finding out in detail what you are entitled to and what, alas, you are not. So, the tenant has the right:
. use the apartment and the property located in it during the rental period.
This means that, having rented an apartment, you have the right to live there and use all the property that was left by the owners in the apartment. In order to avoid claims that may be brought against you after the expiration of the rental period, before moving into the apartment, it makes sense to draw up an inventory of the existing property and its condition with the owners. This is done in order to leave the apartment quietly and calmly, and not amid curses and shouts: “Where did you take my grandmother’s dinnerware?”
Move in your spouse and minor children into the rented residential premises (moving in other persons is allowed only with the consent of the landlord).
This point of the law may upset same-sex couples and those who, following modern youth fashion, hope to rent an apartment with friends. However, modern legal realities are precisely this: having told the landlady that you will live here with your husband, you will not be able to move a flock of sweetly cooing girlfriends into the apartment in a week. Otherwise, the hostess will have every right to terminate the contract with you. Then both your deposit and the agency’s commission will be wasted, and the search will have to start all over again.
. provide residential premises to temporary residents, having previously notified the landlord.
Temporary residents are any citizens who come to the tenant of a residential premises from their permanent place of residence and temporarily reside with him. If, nevertheless, you have an urgent need to provide temporary shelter for friends, it is better to notify the landlords in advance. If you are lucky and the owners are sane people, they are unlikely to mind. But if you “forget” to tell them about the planned “increase in the family”, and the guests are seen by, say, observant grandmothers at the entrance, then be prepared for an unpleasant conversation, and possibly for termination of the contract. Is it worth risking your home for the dubious pleasure of washing dishes for an aunt from Makhachkala for a whole week?
As you know, there are no rights without responsibilities. Well, as for the employer, his responsibilities are as follows:
Use the apartment handed over to him under the lease agreement for its intended purpose (only as housing), without the right to sublease.
This restriction established by law, as a rule, upsets those who plan to use a rented apartment for business: to organize an office, rent it out “by the hour,” organize some kind of home production, and so on. In practice, none of these actions are permitted by law, and the landlord, that is, the owner of the apartment, having learned that you, for example, are renting two rooms out of three rented, has every right to ask you to go outside along with your subtenants.
. comply with the rules for using residential premises.
It is also important to remember that the so-called “rules for the use of residential premises” formulated in the Housing Code of the Russian Federation apply not only to your own housing, but also to any residential premises you occupy. Therefore, it’s not worth scratching walls before 11 am, putting garbage in the hallway and annoying your neighbors in other ways, encouraging them to call the police. Firstly, why do you need unnecessary communication with law enforcement officials? Secondly, landlords will definitely not like interest from law enforcement agencies, especially if, like most Muscovites, they do not pay taxes on the income they receive from you.
. vacate the residential premises upon expiration of the rental period established in the rental agreement.
This point is quite subtle. As a rule, the employment contract is concluded for a year. But this does not mean that if both you and the owners are satisfied with everything, you are still obliged to leave the apartment after this period. Rather, it makes sense to renew the contract in advance and extend its validity for another year. Well, if you have accumulated some questions and complaints against each other, then the end of the contract is the best time to find out all of them.
Many apartment owners use the end of the agreed period as a reason to raise the price of the apartment - well, if you understand that prices have objectively increased, and a new apartment will cost you, as usual, 3 times the price (including the deposit, the realtor's commission and the first month's fee), that is, there is every reason to agree. If you think that you are simply being scammed for additional expenses, carefully pack your things and leave the apartment at the agreed time. And don’t forget that the “deposit” that you paid before moving into the apartment is payment for the last month you lived.
To freely allow the landlord into the apartment for the purpose of checking its use and the condition and condition of the property.
Many people have the most acute friction with tenants on this point. This happens especially often if the apartment is rented out by elderly pensioners who want communication; or if the apartment is being rented out for the first time, and there are a lot of belongings of former tenants and now landlords left in it.
In order not to meet every day with an astonished face the owner who came in for old times’ sake, it makes sense to stipulate in advance in the contract the number of possible visits per month. It is optimal if you can limit yourself to one meeting and combine it with the transfer of money. Otherwise, be prepared for the fact that the owner may move to “live” with you for a while. And what? The apartment is his.
. bear financial responsibility for the condition of the apartment and the property located in it.
According to the current Civil Code of the Russian Federation, from the moment the contract is concluded, all responsibility for the apartment passes to the tenant. Accordingly, the consequences of a flood of neighbors, a fire that occurred through your fault, or any similar trouble will have to be eliminated independently and at your own expense. Although, to the credit of landlords, many of them agree to share this kind of responsibility in half. So in this matter - one of the few - practice turns out to be more merciful than the law.
Pay electricity bills and long-distance and international telephone calls on time; carry out routine repairs of the apartment.
It was this point that at one time became the reason for the appearance of the so-called “collateral” in the capital’s market. The fact is that too many irresponsible tenants left their temporary homes, leaving the owners with thousands of telephone bills or unpaid electricity for a year. To protect themselves, landlords began to collect this money preventively. Although, as a rule, the tenant simply regularly pays off his debts for electricity and telephone, without burdening the owner with this.
Of course, not only the tenant, but also the landlord has their rights and responsibilities.
Context
After the recent announcement by the Moscow authorities that by the end of the year almost every apartment in the capital will be checked for the presence of illegal migrants, many have become worried. Including a large army of Russian citizens renting housing in Moscow. Apartment owners who rent out living space to out-of-towners, and even to native Muscovites who find themselves without a corner of their own, are also alarmed.
What rights and responsibilities do Russians have in such situations and how to behave competently if police officers or other authorities come to check you? The most important points of legislation and practical advice are in the next issue of our column.
Are they calling? Open the door!
Based on the right to inviolability of housing, we, in principle, have the right not to open the door to anyone at all. On the other hand, the same Basic Law allows in certain cases to enter an apartment against the will of the residents. That is, the lock may simply be opened, or even the door itself may be broken down. Of course, I wouldn’t want to take it to such an extreme. To save your property and nerves, it is important to know the following.
According to current legislation, only representatives of government bodies have the right to “enter a home against their will.”
These include, in particular, police officers, bailiffs, and in exceptional cases, employees of the FSB and other law enforcement agencies. However, since we are now talking about strengthening control over the residence of illegal migrants, in practice we can expect mainly visits from police representatives, mainly from local police officers. Their powers are spelled out in the Law “On the Police” (Federal Law No. 3-FZ dated February 7, 2011, last amended July 2, 2013).
Conclusion
Of course, we should all obey the laws; it is illegal to live forever without registration or rent out an apartment to crowds of illegal immigrants. However, knowing your rights and the nuances of the law will help you avoid abuses and excesses that sometimes happen during mass inspection campaigns.
So, transformations are needed. But first you need to determine to what extent they are possible, what tactics to choose. Alas, here you have to discuss many things with the owners of the apartment.
If repairs can be made
Now there are a lot of cozy, bright apartments for rent, with excellent renovations. There’s nothing to say about this option - most likely, you won’t need to change anything there, except perhaps add some little things, accessories, what’s in your taste, what creates the mood. But such housing will probably not be the cheapest option.
If you want an economical option, then you may get an apartment that has not been renovated for at least 10 years, with old trash and not too spacious. And this, the most common option, often requires repair. If the owners allow you to do this, great, but here you also need a middle ground. If you don’t plan to live here for, say, 20 years, then you shouldn’t spend all your personal savings on bringing someone else’s property into exemplary shape.
The repair should be easy, cosmetic, it is not necessary to redo everything. Firstly, change what has really fallen into disrepair. Secondly, focus on what gives the effect of immediate transformation. Necessarily - . They can provide fifty percent success. Next, you can lay linoleum or carpet, but do not lay parquet.
You can change the kitchen apron, and it doesn’t have to be made of tiles; you can use special panels. The main thing is that it is clean, neat and well-groomed. Everything else can be changed through decoration, without radical intervention.
If repairs cannot be made
Incredible, but true - often owners (especially pensioners) prohibit making not only any repairs, but even rearranging the furniture. It is inexplicable, of course, why people don’t want to improve their apartment at someone else’s expense. Well, they don’t want to - and they don’t need to. And there is no need to be discouraged in this case. Any apartment can always be updated through other means. And the first step is get rid of unnecessary junk.
Very often in rented apartments there is broken furniture, non-working household appliances, and all this rubbish just sits there, cluttering up the entire living space. But the owners value all this and are not going to throw it away. Discuss several options with them.
Firstly, you can fence off a compartment on the balcony or arrange a closet where you can put them. Secondly, you can take it to the pantry, if you have one. Thirdly, you can arrange hanging drawers, shelves, and mezzanines in your apartment for old things. Fourthly, if you have a garage, some of your things can be taken there. Fifthly, you can arrange a closet-storage room in the corridor (if, of course, the dimensions of the corridor allow it).
Old things
If the owners do not agree to any of the above, then the solution is to place the sofas at an angle, put old things behind the sofas, and make overlays from plasterboard or furniture board on top. Or it’s trivial - group all the trash in one place and make a curtain partition out of fabric or use blinds. Place smaller items in special fabric suitcases with zippers (these are sold for dressing rooms) and on top of cabinets.
Promo brands
storage of things
Active decorAny interior can be decorated so that it looks new, thanks to active, style-defining accessories. Please note that any accessories and decor are removable and do not damage walls, floors, or furniture, otherwise the owners will be full of complaints. Carefully inspect the apartment, and first of all, you will need to decorate what has fallen into disrepair and catches your eye.
Furniture covers
Shabby, old furniture A 30-year-old room that screams about itself can be easily and simply transformed with removable covers or new bedspreads. Removable covers are useful for chairs and stools, and not only to hide defects. The fact is that most often they will be of different sizes and very simple. But with the help of textile covers, designed in a single key, you will visually combine pieces of furniture that do not match each other into a single ensemble and at the same time create the style that you need.
Definitely necessary. Old curtains - out. Instead, hang modern, beautiful fabrics, preferably light ones, made from environmentally friendly materials. “Play” with window design. You can make a beautiful lambrequin, hang multi-layer curtains, attach all kinds of pendants to them,