Misadventures of a tenant: the dangerous lease?





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29.01.2011 14:35
Costliness of the Moscow market rent - not its only problem. The rental market in Russia is not a complete alternative to the housing market. In most Western and developed Asian countries in rental housing - this is a normal business. And landlords are perceived handed over the apartment as a source of income rather than as their potential home.

This is the main and crucial difference. For our landlords their property is always home, even if they do not live there for decades. For this reason, owners of small and rarely worried about how to equip their homes more comfortable for tenants. They think about how they arrange it for yourself. Apartments used as a source of rental income and at the same time - all the unnecessary storage of furniture and things that may come in handy on a rainy day: piles of disparate dishes, old home appliances, which is breathing its last, but still works, etc. This same frequent problems in the relationship with the tenants: they have not been recognized by law for the resettlement housing removed to your liking.

Question of law


However, the inability to settle in rented accommodation beloved cat, or paint the walls a different color - is minor compared with the troubles that may arise from the tenants at the lack of vigilance to the documents.

Another apartment, which we liked, was to "Taganskaya" and cost 36 thousand a month. However, when we have already indicated their willingness to withdraw it started as a ball spun another story. The hostess for many years rented the flat for his daughter, an old friend. And now she wanted to live here again "friends." From whom do not have to think of any formalities: no need to sign the contract, show documents, issue receipts ... Our request to show a contract of sale or certificate of ownership caused confusion at the hostess. Well, we're all ours!

But to rent an apartment, not being sure who is the owner, a rather risky.

Several years ago my friend was searching for a place to live, and also encountered a "naive" the hostess, who did not want to document the ownership. My friend did not differ negligence and also owned a database of all the Moscow address at which you can find the owner of any apartment, and a list of all persons registered in it. Open the database, he found the name and contact the owner of this home and phoned him. It turned out that the woman posing as owner, rented the flat for a couple of months ago. And now has decided to sublease some money, without informing the present owner.

If my friend moved in there, then maybe after a month he would have to pay another amount for the apartment - the present owner, or an urgent search for new housing. And such a situation in my kitty stories too. And sometimes scammers in such cases make an attractive discount to the tenant and charge a fee just for six months or a year in advance.

A Question of Confidence


Finally we found a neat one-bedroom apartment, which is almost ideally suited to our conditions. It is 4 minutes from metro "Kolomna" and cost 28 thousand a month. Agreed with the owners of the signing of the contract the next day and with peace of mind drove home. The same night the realtor called and said that our papers would indicate that we live in an apartment for the payment of utility bills. At first I agreed, because the owners wish to save on taxes - quite human and understandable. But the realtor added that the option agreement, which will remain with the owners, it will show the full amount of our rent.

I'm a little confused, as always rest assured that a copy of the contract - are copies. That is, two identical copies. And such a divergence I did not like. Realtor tried to convince me that we are in no way threatened. I agreed. But asked that in this case, the owners gave us a monthly receipt for the money. Moreover, trying to be loyal, I offered that option receipts: just a written confirmation that the payment was made without specifying the amount. Finally after 10 minutes of my proposal realtor called back and said that the people are denied to us in the apartment. The reason - "because we do not trust them."

man grabbed golovuA came to my mind is another story told by a realtor friend. A man rented a nice apartment for 50 thousand rubles. Lived in it one year, honestly, paying every month posited amount. However, receipts for money from the owner is not taking (as, incidentally, makes half of my friends tenants). When the lease term ended, he happily slid into another dwelling. A turn for some time received a subpoena. Landlord exacted from him the sum of one year stay, plus penalties - a total of 600 thousand rubles. Referring to the fact that there was a year not a single payment. Unfortunately, neither of reason, no evidence confirming the transfer of money, the court has not taken into account. Since the only real proof of your innocence - signed the papers.

In another case, my friend gave her daughter a month fee for the hostess, and she hid it from her mother. Outrageously, the hostess came for the money, and no assurances that they have already paid, have not helped. My friend, not to stay in winter without a roof over his head, had to quickly find the second sum.

The issue of conditions


Unfortunately, judicial practice is that the main argument in all disputes landlords and their tenants are signed on paper. The first is a contract and a receipt for the money. Of receipts are all pretty clear: they include the amount or the payment for the month and shall be signed.

Form of the contract may be different. An important condition for the tenant - an indication of fees and the fact that it does not change during the entire rental period (usually a year). However, as practice shows, the hosts try to avoid such an item. In most contracts stipulate the possibility of changes in payment, for example, due to changes in market conditions. Or is this a fact generally omitted. Then, if there is no clear indication of the constancy of the cost, the host can increase it at least a month. No organized framework for it in this case will not be.

The owner may also enter into the contract those items of furniture or appliances that have special importance for him. That is, the preservation of which you are obliged to provide. You in this case does not interfere to make sure that at the time of flats, these items are in good repair. Then to their damage is not canceled your account.

A significant part of my friends live in rented apartments without any agreement. Many people find it convenient: it risks the owner and occupant compared.

On the one hand, this option is clearly safer than the full contract in the absence of receipts. On the other - it does not give the tenant no guarantees. In the absence of agreement the tenant becomes a hostage of goodwill landlord. That, at any time can come and ask vacate the apartment. And no reference to what you have to "negotiate" for a year, does not play a role. Likewise, it can addicted to you in the apartment of his cousin, who was nowhere to live, bring your own things or to come himself to sleep. And it's not a hypothetical possibility, it is very real cases.

So, either you trust your intuition and at your own risk, or are looking for a version of the contract.

https://sob.ru/issue4910.html
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