Related article: Tips investors investing in foreign real estateThis story was told Svetlana, who rented an apartment in Podolsk, near Moscow, to move from her parents and finally to heal itself. Version suitable home was found by the well-known and publicly available database of real estate on the Internet, the agent turned private broker. But his services were worth less, only 50% of the monthly fee, and was drafted lease an apartment.
Not alerted Svetlana and a deposit of 100% of the monthly lease payments, in addition to the contract it was stated that the deposit is returned if the tenant for the month warned that it no longer going to make this apartment, and if a home does not affected. Light, the girl quite advanced, aware that bail - a common practice. Moreover, it is very punctual person and violate the terms of the contract does not knowingly collect. And of course, the same expected from owners of the apartment.
A few months stay criticism from both sides to each other were not any. Only once the owners have asked the Light to repair the TV antenna at its expense, and was invited to work on a weekday, do not bother to reconcile this with her. But it was the only rough moment for the rest Svetlana liked and flat, and the hosts.
She decided to move out for subjective reasons: in Podolsk did not ask personal life, and celebrate every step of the cause of the failure of the Light did not want. She paid for January and announced to owners in February plans to hand over the keys and get the deposit back. In response, only received a proposal from a pledge to live in another once a month! Obviously, the security deposit (15 thousand rubles.) Owners just spent on personal needs, but when it came time to return the money, they had not been ...
Lawyer Real Estate Agency Great Reality Tatiana Pikunov noticed in the actions of Svetlana several common mistakes: First, notify the landlord of its intention to vacate the apartment ahead of time to writing. If the landlord does not return the deposit - you can safely go to court. However, if the employment contract was entered into the apartment without complying with the conditions necessary in connection with what may be invalidated, it will do anything we can not. "
First Deputy Director, MIEL-Rent "Maria Zhukova emphasizes that the written contract does not necessarily assure a notary - it shall be in writing and certified by the signatures of the parties, which is enough to ensure that it was not considered a sham. "All the agreements reached between parties to a contract of employment should be recorded in writing, including the amount of security deposit and conditions for its return. That is, the contract must describe in detail what is taken for security deposit, in what amount and timing of any return, "- said the expert.
A way out - Pay!
The second story of the bitter experience of the tenant told in Perm. A couple of years ago, three friends - recent graduates of high school - took off "kopeck piece" in an old brick building in downtown, near the Opera House and City Administration. The hostess was unkempt woman through all the visible signs inclined to make lay the collar. But then it seemed to our tenants only advantage: how many should drinker, if only enough to bottle and food ... so it happened: they rented two-room apartment just over 8 thousand rubles., Without collateral, and agents for the long term.
It took some time, and two other tenants gradually moved out of the apartment. It stayed Eugene, here he called and his bride. After a while they become more annoying in that dwelling, for example, that it was impossible to hold a cable television and the Internet (for whatever reasons, this old house is outside the scope of local service provider companies).
The guys decided to move and pass the keys. And then he learned from the landlady, that once a payment schedule for an apartment there was a "failure" - allegedly was leaked to pay for a month! Of course, no schedule and no one is led not logged just once a month, the 15 th day, the hostess handed money. So come for sure 90% of the tenants, if not more.
Self-righteous, Eugene and his girlfriend decided to just pick up and move, anybody anything without asking. Threats to file them in court were manifestly unfounded: even the contract of employment is not an apartment it was formed. Hostess sensed their mood and refused to claim the additional fee. But forced to stick on the balcony of the broken glass someone. Eugene put his resignation and was relieved to leave the old apartment. "Of course, I did not break the glass. This is one of my former neighbors broke. But I decided that it's easier not to mess with ugly mistress "- he told me afterwards.
"Very rarely tenants fixed monthly transfer of money by the relevant act that is a grave mistake - says Managing Director« Century21 West Eugene Skomorovsky. - As a result, when it comes to trial, the tenants there is little evidence of his innocence. "
According to Maria Zhukova, to avoid such a situation, it is necessary not only to make the lease, but also take a receipt for each amount the landlord: "The Treaty itself - this is a written agreement, but the fact that the transfer of funds under the contract - Receipts.
As for the property transferred for use by the tenant with an apartment, then, says sales manager "West" agency "Math" Svetlana Firsova, when handing over the flat on a mandatory basis should be drawn up deed of the property, ie, describes the condition of furniture, household appliances, the quality of repairs, the list of transferred assets. In an act should also be made flat and disadvantages of the property.
Act: to be or not to be?
It so happened that our country is much easier to not be entirely law-abiding, rather than abide by the law: no one wants to make the paper, do inventory, track the payment of payments, and even more so to register the lease. However, as remarked Tatiana Pikunov, mandatory registration subject to the lease agreement, which marked a period of 1 year or more. Nothing prevents the contract for 11 months and then renew it at the same time, or make a new - so will avoid unnecessary hassles on both sides.
It is hardly necessary to put pressure on owners of the apartment and intimidate their appeal to the tax authorities. Perhaps you are of that something and win: perhaps return of illegally withholding bail, but you can lose much more. You can make to the registry of unwanted customers. On the Internet, many lists not only the "black realtors", but "uncomfortable" tenants. As a result, then you torment to look for housing with the help of agents. So what is to seek justice through negotiation or, in extreme cases, a court order.
Nor should we succumb to the old trick of Realtors and the rush to remove the first available apartment that she does not "gone". Proposals to lease enough today, even in economy class. So you can offer your condition, including perfectly legitimate, such as drafting contracts, inventory items, insist on receiving receipts.
Finally offer you a list of conditions that must be reflected in the rental contract *:
1. The contract is concluded with the owner of the premises. If the owner of not one, then all owners, including minors, through their legal representatives, otherwise the contract may be terminated because of disagreement have not signed a contract owners. The contract concluded with an inappropriate person is void.
2. Contract must contain data to definitely establish the property subject to the transfer of the tenant as a lease object (as a minimum address and number of rooms). In the absence of these data in the contract the condition of the facility to be transferred to the lease, is not agreed by the parties and the relevant treaty is concluded.
3. The contract must be listed in the documents on which the room belongs to the owner (s).
4. The size and method of payment. In future, all payments must be made in writing supported by receipts, receipts for making money on account of postal order, etc. Must be specified who and what utilities pay.
Optional can be specified contract period, the number of people who will live in the apartment, as well as the date and time when the apartment owner is unable to attend, if necessary.
* List compiled company lawyer Great Reality Tatiana Pikunov.