How not to "fall" on the lease: see documents of title to the apartment and not pay for the next six months, writes today.
Way the tenant apartments in our country is not strewn with roses. The impression is that almost every person within a few years rent apartments in different hosts can share a pair of triple-instructive stories. Once again, remember this has prompted us to call our readers, which is currently experiencing a very unpleasant and not very clear conflict with the owner of the apartment where she lives.
Simply put, the owner is trying to evict her almost immediately after the settlement. In this case, Galina (the name of our readers) loses half of the monthly rental cost, inherited the broker, "who helped" with the readout of the apartment. In addition, it is not clear whether the owner will return all money paid forward.
So we decided to sample this story to find out what dangers lurk national tenant, how can they avoid and what to do if the same "hit". This helped us director of the Academy of Sciences of the Ukrainian House "Ruslan Bezugly, director of realty company" Golden Gate "Alex Holmetsky and lawyer Donetsk Bar Marina Govyada.
T - the story of Galina
K - Expert Comments
G. "The search for an apartment, I started in early October. Search the Web for different sites. And on October 20, I have already been assigned to the three views "gostinok. When I talked on the phone with a broker about the apartment, which then took off, she said: "The apartment you like, take the money, and we will all at once will issue".
K. That 'all at once make out, not having been at the agency has not concluded a treaty with them to provide services - just not to be. Imprudent to pay 50% of the monthly rental cost is not known to whom, without any guarantees. We have enough of unscrupulous agencies and dashing brokers who work on behalf of fictitious companies.
If they "surrender" the apartment, which then run into problems, the commission will not be able to return. Serious agency, first, themselves trying to avoid conflict situations, carefully checking the participants in the transaction. Secondly, if the agency refuses to take responsibility for their "punctures", you can try to seek compensation through the courts. They say that someone is even able to. By the way, Galina and could not then find an agency, it seems, simply do not exist in nature.
G. Indeed, it was the best option: all of the money (2800 USD.) Offered something completely "dead", but here pokleit wallpaper and everything is clean.
C. Traditionally, the victims of scams luring much better deal than usual. Therefore, if something is "too good", we must increase their vigilance.
G. During the show went a few more people who also watched the apartment. And my broker kept repeating: "Gal, they too are prepared to take, but I will defend you, you I like. Hostess trusts me and I will insist that the hostess took you, not them. "
K. "Classics of the genre" - the creation of artificial excitement, competition, customers. " This encourages the victim to choose this apartment, "slipped" stage of reflection and analysis. Also - a demonstration of his sympathy and willingness to try for you. This makes the victim feel obligated and reduces the objectivity of the perception of the situation.
G. All that I had enough - is to see your passport and check your registration. I thought that since I'm the fear from all the trouble.
C. The most common scam in rental housing - is when cheaters do not rent the apartment, such as for rent. Make it as a fake stamp on registration, and even a fake passport - no problem. Need to check documents of title to the apartment (eg, sales contract), and, necessarily in the original (copies since forged a basic level).
The contract must be signed by all homeowners. As one of the most common reasons for eviction the tenant - is when someone from the apartment owners "suddenly discovers" that it passed without his consent. Better when all co-owners come to the agency and there personally sign the agreement.
G. In the broker had an agreement in which the presence of all necessary items. The amount of payment for the first month (2800 USD.) Security deposit (1400 USD).. The item that the hostess has the right to come to me once a month by appointment.
The point is, that if I want to move, I feel obliged to warn her of the month. If she will swap the circumstances, and the apartment she will need for a personal residence, it should warn me 2 months before my departure. Paid a "broker" (1400 USD). I have written out a receipt, which bear the stamp of the agency.
K. Major contract here so you can not sign on the run, especially if the text is made available to stakeholders. Also, be sure to at the conclusion of the lease is necessary to describe all that is in the apartment in which it is able. Up to the fact that if your TV is scratched - it must be commemorated. Since the destruction of property - one of the very common reason for "unplanned" eviction.
G. The contract was signed on 20 th and entered into force on Saturday the 23rd, because that's when the builders had to finish under renovation balcony and I could enter the apartment. On Friday the owner called back and said that the balcony did not have time, let's drive in on Sunday. We arrived on Sunday, I saw that the balcony unfinished. When I called the landlady, she explained that the builders have brought her and that they will finish it later. We agreed that on Saturday when I go to work, they will finish in the presence of the hostess.
K. Here we see that at the time of signing the contract and payment for services realtor apartment, strictly speaking, was not ready for occupancy. That is, Galina had no guarantees, but the words mistress at the time the treaty enters into force everything to be fixed.
But the treaty provides no real sanctions for what the hostess does not give the apartment on time and in proper condition. To pay something in these conditions in advance recklessly. But in order and create an environment of "competition of buyers" and "doing favors" in order for such "stuff" did not want to pay attention.
G. At the end of the day on Saturday phoned the hostess with the question of whether all done, if I have to go home? What she heard: "I do not know. I had to leave, I left them the keys and left. You something not to like? ". Naturally, I did not like it.
"I do not like it, so move out!". Half an hour later I called the broker. And she began telling me that once had such an unpleasant situation, I'd better move out in an amicable way, and what they say, she (broker) my husband works in the prosecutor's office. "All right - answer - if will return" broker ", and it returns me to pay for an apartment, I'll leave." "Galya - meets the broker - all the rules," broker "does not come back." It is clear that without getting back their money, I refused to move out.
K. Maybe it's just an unfortunate coincidence. But it seems, and for the next "step" fraudulent algorithm, which involved a pair of "realtor - the owner, which repeatedly delivers the apartment and then evicts the tenant, section" broker ".
To do this, invented by "force majeure" circumstances, such as the arrival of a sick grandmother, who has nowhere to live. Good as "managed conflict", in which under some pretext can "pinch" is not only a realtor commissions, but also part of the payment for an apartment. By the way, there is a sense in the lease include a clause that in case of termination at the initiative of the owner before a certain specified period of time (which makes the scam meaningless), the owner must compensate for Realtor's services.
G. When the evening arrived at the apartment, lying on the floor boards were laid out glass, everywhere was mud. All the week I came from work and saw that someone was in the apartment, doing something, then disappeared some items of furniture, then new ones appear.
C. Creating the intolerable conditions of life - suddenly, the tenant will hand over the nerves, and he move out himself? It could have been seriously warn the hostess, and then the next time just call the police about the penetration of the unknown into the house, especially when disappearing furniture. Drafted by the police protocol could be useful if the case goes to court.
On Friday came the hostess, and said that I have exactly the weekend in an eviction. I told her that we have a contract on it, I have the right to live here 2 months after the warning. But she still insisted on my eviction.
K. According to the law, Galina can live for two months after receiving a written warning from the hostess, whom she apparently has not yet been received. It can only be evicted by court order, which in this case, if the lease must be on her side.
G. We changed the locks, I went to the police and wrote a statement about the fraud. The police told me that if they are out the door, I need to call up the police. Since then, and keep the defense. "
K. Change locks - a frequent measure. But from a legal point of view, it is controversial. It can even be interpreted as a violation of the legitimate rights owners, who should have access to his apartment. The more so that the hostess could still cause zhekovskogo locksmith who to lawfully open the door for her, and again change the locks. Of course, the owner can arrange the eviction without permission - to make things Galina in her absence. But this is a reason for going to court to demand compensation for damages.
Consider some more signs that say that this agency or apartment owner is better not to mess with.
Money in advance. Very suspicious when the landlord asks for money in advance, for example, for six months. Employees of major agencies such cases are checked very carefully.
Tenants are also more expensive apartments bypass tenth matter how compelling the reason for such a requirement may call and how favorable conditions are offered by. Or, if you really have no strength to resist the temptation, we must enter into a very very "reinforced concrete" safeguards agreement, which is still before the end can not guarantee anything.
If this man is and does not intend to deceive you, you do not know what kind of "force majeure" he would begin and what will be assailed by the idea of when the data you run out of money before a specified time period. One of my colleagues told me that when the owner of the apartment, which her family had paid for the year ahead, run out of money, she simply stated that she has nowhere to live, without prior arrangement and moved towards them.
Pay - say. The impression is that more and more becoming agencies for cheap trading "most recent" contact owners of apartment offered for rent. Conditions under which the surrender of these apartments are usually much more profitable than the average, to the same client, negotiating with the landlord alone saves tyschonku or two on the broker's commissions.
Hope tells Moses: "About a month ago we were looking for a studio apartment, located within 15 minutes walk to the subway, at a price of up to 3500 UAH. per month. And all the time fell on the one agency that had some kind of seductive offers. We had to pay for registration with the agency about 190 USD. And then they give you a direct phone owner, and go with him to negotiate. If this owner refuses to hand over the apartment, they commit themselves to lead us to the end, offer us the options until we have something not found ".
Sounds good, except that the terms of audible groans of people in these agencies did not get for your money (on phones sold are not responding, or the flat for a long time passed, or are never rented, etc.), and someone with their claims, simply "otshili, without any assistance or compensation. On such cases, and wrote our newspaper.
Sr. BASIS. If any announcement seemed particularly attractive to you, be sure to check how long it "hangs" in the databases. Hope to continue the story of Moses: "We are interested in a good apartment in Podil for some miserable money with elegant photographs. Something prompted me to "score" is an ad in a search engine, and it turned out that the same ad, word for word, with the same pictures and phone numbers, given in April of this year.
With the difference in about two weeks at different sites. To our question, why has not passed such a wonderful apartment on such favorable terms, realtors said that there is "pereborchivy" boss. He is looking for a couple without children and animals, and all these 8 months can not be found. And here we are - the very people that he is definitely fit. "
It is obvious that a very good offer will not stay long in the databases. If not, this can be either in the presence of any hidden deficiencies or problems with this apartment, which scares off tenants. Or, if tenants are changing at a record rate, it could be a sign of a fraudulent scheme. Either it is generally Lypove offer from merchants contacts. "
Bad karma. It would be nice to get acquainted with future neighbors, to ask what was, and how. How often do vary in the apartment tenants, was not there some sort of scandals that showdown. If guests flit so often that the neighbors do not have time with them razznakomitsya better with this "enchanted place" not to get involved.
If there were some scandals - even more so, even if the landlord - an honest man. Since more than a pre-planned scam arendatorskoy blood drink ordinary interpersonal conflicts between owners and renters. A frequent change of the guests may just be a sign of addiction host to such conflicts.
PROPER SIGNS AGREEMENT
Lease contract can be written by hand in a free form. The main thing is to have the signature of the parties. It is desirable that there were:
1. Signatures of all owners referred to in documents of title to the apartment (the contract of purchase / sale, gift, etc.).
2. The inventory of "content" apartment (furniture, appliances, etc.) indicating the status of each item and a list of injuries.
3. Item on the specific responsibilities (expressed in money) for non-owners of their obligations specified in the contract.
4. Point about how much time the landlord must write about the need to prevent eviction of the guest (usually a month).
5. Point that in the event of termination of contract at the initiative of the landlord during any particular time after settling the owner must reimburse the tenant 'fees realtor.