Even before you begin the hassle of renting a room that suits your needs, you must realize that it will be a difficult task. First of all, you need to clearly understand that rooms of equal size are not at all equal in payment if one of them is located in the center of the capital, and the second one will take several hours to get to from the Kremlin.
But you shouldn’t despair, there are always chances, you need to not miss them.
When choosing a room to rent, you need to look for something specific
The room can be rented in three options. This could be a separate room in a communal apartment. You can live in a separate room, and your neighbors will be the owners of the apartment. You can find friends who will agree to rent an apartment with several rooms together with you.
What you should immediately pay attention to
A communal apartment is scary for its residents, they will be your neighbors, find out more about these people, and only then move in. In a communal apartment, life is built according to the rules of the hostel, so it is best to learn how to diplomatically overcome problems, without leading to a scandal over an open tap or smoking in the kitchen.
There is a concept of “dead communal apartment”, this is not uncommon. It is important that you are not later presented with a claim that it was you who “killed” her. You need to inspect everything, take photos of the “amenities”, kitchen, walls, balcony on your smartphone before starting your stay, then you won’t regret it.
The owner who rents out the room may also not show his best side - check with your neighbors on the site. There are owners who strongly oppose guests, friends, animals, and increased consumption of water and electricity. The owners are against a lot of things, but nothing can be said - this is their apartment.
The best option is when several young people agree to pool their finances to rent a large apartment and each live in a separate room. In this case, cohabitation begins with the development of a kind of charter and living standards. This is a kind of communal apartment, in which neighbors can be pre-selected, and their composition can be approved only after that.
Where can I find an apartment for rent?
The best search option has long been recognized as the one where you rent a room from your relatives, friends or work colleagues. First of all, you avoid paying commissions to the rental agency. An additional benefit will be that you will not be evicted due to late payment of rent, you can agree over a cup of tea or other drink.
Relatives, friends and colleagues did not help - place advertisements with relevant content on social networks, this will help to reach a significant circle of previously unfamiliar apartment owners. Those who will soon move out of their rented room will also respond. Apartment residents who are looking for neighbors to rent an apartment together will also call.
“Looking for a neighbor” is how potential neighbors are addressed, and such advertisements need to be considered urgently. After all, we will be talking specifically about renting a room, and there is a possibility that it is you who are not enough to completely fill the intended apartment.
Help from a special agency
Contacting a real estate agency is a very popular way to solve a housing problem. It is important not to fall for scammers, which means you should choose an agency with an unblemished reputation. This is a reliable way to find the necessary living space.
In addition to agencies, brokers work with home owners; you can contact them if you have recommendations from friends and good acquaintances. The services of intermediaries must be paid, sometimes very generously.
The first payment includes, in addition to rent for a certain period (sometimes 6 months), commissions to the intermediary, and a deposit for keeping the living space in good condition.
Cost of monthly living
How much you have to pay monthly depends on many factors. First of all, there is a direct dependence on distance. The further from the center, the cheaper the room. The area of the room, the number of neighbors, distance from transport interchanges and other housing parameters matter a lot.
Speaking about specific prices, we must indicate the average cost of an average room: 12-25,000 rubles. In any case, you need to understand that a room in the center of Moscow cannot be cheap, and at a low price you can only rent a “killed” room or move in with problematic neighbors.
What to look for when choosing a room
You will have to live in a rented room, so it is better to refuse uncomfortable housing and look for another one. After all, the first impression is always the most correct.
Make your final decision only after meeting the owners and neighbors.
After meeting, be sure to check the technical condition of the plumbing, water supply, and heating. If the neighbors flooded the room, it will be immediately visible. Otherwise, there is a chance that you will be forced to pay for repairs.
The important part is document verification
You need to start the final conversation only after checking the documents, otherwise you risk paying someone who simply waters the flowers at the request of the owners.
You need to check: passport, certificate of ownership, title documents - purchase and sale agreement for a room, document on inheritance, gift.
Copies or documents on film may be counterfeit, please review the originals.
Check whether the passport of the person who identified himself as the owner is original; do not trust copies. If they say that they forgot the original, repeat the meeting.
Keep in mind that if there are several owners of the apartment, they must all agree to your residence, otherwise you can be evicted at the request of one of the apartment owners.
How do simpletons get deceived?
The simplest and most effective way is to trade information about the base of available housing. For a small amount, scammers sell a database posted by other agencies in newspapers for free advertisements. It is impossible to reach the telephone numbers from this database or the room has already been rented out. Contacting the police will not yield anything - the signed agreement states that money is charged for “information”, and not for a specific phone number or address of a free room.
Sometimes several people come to a meeting who want to rent a room; these are dummies pretending to be in great demand for a room. They take an advance from the applicant to “hold” the room and disappear. Demand from the person “renting out his room”, first of all, documents with registration, documents on ownership.
If you believed the photocopies of title documents and paid money, then the “owners” will offer to move in in a couple of days until they remove their furniture and personal belongings. In the meantime, they themselves will disappear with the money. These scammers rent an apartment for a short period of time (a day or two), receive keys from the owners, and place an advertisement for renting a room. They make fake copies of title documents in advance and rent out a room, supposedly in their own apartment.
Fraudsters can sign an agreement, take an advance payment and begin to deliberately mock the tenant - change the lock, prohibit the use of household appliances, etc. If you move out, they will give you only part of the money, the advance will be taken away, this is stated in the contract. And other rules are not written down.
Read carefully everything you are going to sign!
Check your city's municipal zoning regulations. Your city may have functional zoning rules that prohibit you from renting to people who are not related to you by blood or unless licensed, or that limit the number of unrelated people you can rent to. These rules can be found on the city website or at your local library. If the latter is the case, ask a library staff member to help you look up local laws.
Check your state's rental laws. Your state may have rental laws that apply to situations like yours. You can find a link to such a law on your city's website. You can access the site at the following addresses: “YOUR STATE.gov” or “YOUR STATE’S ABBREVIATION.gov”. For example, if you live in New Jersey, try typing "newjersey.gov" and "nj.gov" into your browser's search bar, one or both of them will take you to your state's official website.
Decide how many and what rooms you want to rent out. Obviously, the choice will fall on those rooms that you do not use. Consider also the following:
- Rooms necessary for you and your family. For example, if you have 3 rooms on the top floor and 1 on the bottom floor, you may decide to rent out the room that is located on the bottom floor to avoid the presence of strangers near your room and your family's rooms.
- The location of the bathroom in relation to the rented room. You can get more money for a room with a private bath. To do this, you can refuse yours. Your choice depends on certain circumstances, and, in particular, on how much you need money.
- Access to the room being rented. Make sure that the room you rent is located next to the front door. This way you can avoid the tenant violating your and your family’s routine.
Determine what you will charge to rent the room. You can choose monthly or weekly payment method. The rental amount may depend on many factors, including the following:
- Distance distance from home to university, store, metropolis and/or places of leisure. If your house is located near a university, then you will not end up with students looking for a room to rent. This gives you the opportunity to increase your rental price. The price for renting a room increases as the home is closer to shopping areas, large cities, and local entertainment areas such as beaches, parks, or lakes.
- Amenities you offer, such as access to kitchen facilities, laundry facilities, or a private bathroom.
- The size of the house, the number of people living in it, and the type, size, number and access to common areas in the house, such as the living room, recreation room, sauna or swimming pool.
- The current average room rent in your area. If there is a university near your home, you can find out this information by contacting the student accommodation department of this educational institution. Otherwise, check local newspaper ads and online classifieds to determine what room rates are being offered in your area.
Prepare the room for the resident. Regardless of the cleanliness of your home and the room you are renting in particular, if you have not thoroughly cleaned, inspected, or made any necessary repairs to the room, you will be required to prepare the room accordingly. For this:
- Clear the room. Remove all personal belongings, decorative items, remove everything from the walls and remove furniture from the room. Lock it all in the closet.
- Wash the walls, ceiling, baseboards and windows. To do this, use liquid dish soap or hand soap, hot water and a couple of rags or sponges.
- Wash all chandeliers and switches. Unscrew the light bulbs and remove the shades. Then wash the lampshades with soap and water and dry thoroughly. Replace the light bulbs and put the shades back on. Wipe down all switches and outlets with a disinfectant solution.
- Wash all doors. Wash doors with soap and water and disinfect door handles.
- Make the necessary cosmetic repairs. This includes filling holes in walls and ceilings, fixing cabinet doors that don't close well or squeak, tightening nuts, and making necessary replacements.
- Wash the floor. Vacuum and brush carpets, sweep and dust in all other areas.
- Furnish the room with furniture. Make sure that the furniture you choose is clean, in good condition, matches the overall decor in the room and is conveniently arranged.
Draft a lease agreement. Your contract should include the following information:
- Description of the property. This clause should include the address, the specific room being rented (for example, “the little blue room on the second floor” or “the back room on the first floor”), and the rooms to which the tenant will have access.
- Rental information. Rent, payment method (monthly or weekly), day or date of payment (for example, every Friday or the 1st of every month). You should also set a deadline for rent to be paid and a late fee. If you decide to let the tenant do some housework, such as mowing the lawn, cooking, or childcare in exchange for some discount, you will need to include that in the contract as well.
- Rent terms. Make sure the terms of the lease are included in the contract. For example, you need to indicate whether you rent out a room for a month or a year. You must also indicate the date the tenant will move, or the time frame within which he/she must move in.
Create a list of rules. Prepare a list of rules for using the house and attach it to the contract. This application will make the resident aware of what you expect from him/her and what he/she is allowed to do. Leave a place in such a list for the tenant’s signature, which will say that the tenant has read and agrees with the list. Here are a few things you can include on the list:
- Smoking. Do you allow smoking in your home? Are there designated smoking areas in your home? Or is smoking prohibited in your home?
- Alcohol. Is your resident allowed to drink in the common rooms or only in their room? Or maybe you are generally against drinking alcohol on the premises of your home?
- Guests. How do you feel about your tenant having guests? Can his/her friends stay overnight? Can guests use shared rooms or can the tenant only invite them to their room?
- Use of common rooms. Is there a time limit for cooking or washing clothes? For example, will you allow your tenant to wash their clothes whenever they want? What about using the kitchen in the middle of the night? Or watch TV in the living room anytime?
March 25th, 2014 , 08:28 pm
Question : Rent out a privatized room in a communal apartment? Which is correct?
Sent a question: Elena Igorevna Solovyova
Answer: Elena Igorevna, for you and everyone interested, I will try to give as complete an answer as possible.
The Housing Code of the Russian Federation states that
"the owner of the residential premises exercises ownership rights,
use and disposal
residential premises belonging to him by right of ownership"
Including the right to rent.
If other rooms in a communal apartment are also privatized, their owners do not have the right to infringe on the rights of the owner, that is, he should not ask their consent to rent out. Nothing changes even if other rooms are not privatized - the permission of their residents to rent out the room, again, is not needed.
The situation is different for citizens living in a room under a social tenancy agreement. You will definitely need to ask permission from the municipality and neighbors. Whether you want it or not, “for the sublease of residential premises provided under a social tenancy agreement, the consent of all tenants and members of their families living with them, all owners and members of their families living with them is required” (Clause 2 of Art. 76 Housing Code of the Russian Federation).
The petition must specify for how long and how many subtenants will live as tenants in the premises provided under a social tenancy agreement. If you do not list all future tenants, they will not have the right to stay. The sublease agreement is concluded in writing and submitted to the landlord of the premises, that is, to local authorities. It is concluded for a period determined by the parties to the residential sublease agreement. If the period of residence of the subtenant is not specified, the contract is considered to be concluded for one year (Article 77 of the Housing Code of the Russian Federation).
When can neighbors evict?
Neighbors may express their disagreement with renting a room after the fact. That is, in the case when the room is rented, and as a result their living conditions worsen. FOR EXAMPLE: If a Vietnamese family of ten people lives in this room and there is no room to spread out in the kitchen. If the premises are occupied by a tenant with ten cats, the smell from which can be felt even on the staircase. If a tenant disturbs the peace of the rest of the tenants (gets rowdy, doesn’t let them sleep at night), if a citizen who suffers from one of the severe forms of chronic infectious diseases moves into the room. In all such situations, neighbors have every right to go to court to evict the tenant.
Sometimes experts are asked: can neighbors prevent a tenant living in the room without temporary registration at his place of residence? That is, do they have the right, as especially vigilant citizens, to write a statement about this blatant fact to the police with a demand to evict the tenant? Firstly, only bailiffs can evict him based on a court decision. Police officers have no rights for such actions. Secondly, neighbors can file a lawsuit to evict the tenant without registration - please! The only question is whether their application will be granted.
The fact is that the basis for eviction cannot be lack of registration -
if the tenant has a rental or sublease agreement,
which gives him the right to reside.
Very often, cases of non-obstruction in the use of a room are heard in court. The landlord asks the court to consider an application for infringement of his rights when neighbors are trying to survive the tenant in every possible way. There are all sorts of ways: 1).offended neighbors do not allow the tenant into the kitchen,
2).change the latches on the entrance doors,
3).Sometimes they even cut locks into the toilet and bathroom.
If this happens, it is necessary to file a lawsuit against the neighbors for non-obstruction and compensation for moral damage and lost profits (since the tenant cannot live in such conditions and, as a result, does not pay for renting the premises).
In one of our articles we talked about the features. But the rental housing market is not limited to apartments. And if you want to officially rent out your room, then this article is especially for you.
The rooms are different
We invite you to consider the different categories of rooms to highlight the features of renting them out:
- Rooms in privatized apartments;
- Rooms in non-privatized apartments;
- Privatized rooms in communal apartments;
- Non-privatized rooms in communal apartments.
Non-privatized room in a communal apartment
Let's start with the room whose rental requires the greatest number of approvals.
Non-privatized the room is not your property. But according to pp. 2 clause 1 art. 67 Housing Complex of the Russian Federation, you have the right to rent out your residential premises in sublease. However, according to Clause 1 of Article 685 of the Civil Code of the Russian Federation You can rent out residential premises under a sublease agreement only with the consent of the lessor.
The lessor of a non-privatized room may be different: prefecture, municipality or other authority . You can find the answer to the question of who your employer is in rental agreement, on the basis of which you yourself live in your room.
The landlord should submit a written request for permission to enter into sublease agreements. This application must also contain the consent of all members of your family living with you.
But let's not forget about your flatmates. In accordance with clause 2 art. 76 Residential Complex of the Russian Federation, for the sublease of residential premises located in a communal apartment, it is also required consent of all tenants and residents living together with them members of their families, all owners and members of their families living with them. That is, the written consent of all neighbors should be attached to the application to the tenant.
If a positive response is received from the lessor (and such a response must also be provided in writing), a sublease agreement can be concluded.
Privatized room in a communal apartment
The privatized room is your property. The right to dispose of one’s property is enshrined in legislation ( clause 2 art. 35 of the Constitution of the Russian Federation, paragraph 2 of Art. 209 Civil Code of the Russian Federation). It would seem that there is no need to coordinate anything with anyone here. But that's not true.
In a communal apartment there are also places that do not belong only to you: a corridor, a kitchen, a bathroom. They are the common property of all residents. According to Art. 246 Civil Code of the Russian Federation the disposal of property in shared ownership is carried out by agreement of all its participants. Therefore, before concluding a rental agreement, you should still obtain the consent of your neighbors, and in writing.
Regardless of whether the room is privatized or not, the tenant will interact with your neighbors in one way or another.
This way you can avoid conflicts with neighbors both for the employer and for yourself.
Room in a non-privatized apartment
To rent out a room in your non-privatized apartment, you no longer need the consent of your neighbors, since there are simply no neighbors in the apartment.
However, just as in the case of other non-privatized housing, it will be necessary landlord's consent. The procedure for obtaining consent is the same: you need a written application accompanied by the consent of your family members living with you.
Room in a privatized apartment
And finally, let's move on to the simplest (in terms of coordination) case. If you are sole owner apartment in which you are going to rent out a room, then Absolutely no one's consent is required to enter into a rental agreement.
But if there are other owners along with you, then their consent will be necessary. Such consent can be obtained in the following ways:
- Execute a power of attorney for one of the owners stating that the others trust him to conclude a rental agreement, in which case one of the owners will act as the lessor under the agreement;
- In the contract, indicate all owners as lessors.
We talked about neighbors in communal apartments. Here we remind you that if you rent a room in a private apartment, you yourself will be neighbors with tenants. Therefore, we advise you to determine in advance the procedure for using the premises that you do not rent directly to the tenant, but which he will also use: hallway, corridor, bathroom, etc.
If you responsibly approach the coordination of these points, this will allow you to avoid many disagreements during the tenant’s stay in your apartment.
As for all the rooms
Notification to the curious: in relationships with neighbors
Above we described what and in what cases it is necessary to obtain the consent of neighbors. Please note that you are not required to provide them with information directly about the rental conditions themselves.
Who lives in your room and for what fee is entirely your business. This applies to both neighbors in a communal apartment and neighbors in the hallway.
If you have a trusting relationship with your neighbors, you can ask them to “keep an eye” on your room and inform you in case of any problems or conflicts. But all this is within reason, without interference in the private life of the employer and espionage.
HOAs and cooperatives
Who else might be interested in your rental business? Currently, both owners and tenants of municipal housing interact quite closely with homeowners' associations and cooperatives.
Usually, the relationship between an adequate resident and the responsible representative of the HOA/cooperative develops normally. But as with neighbors, you are not required to provide any information about your employers.
The only exception: if the cost of any utilities is calculated based on the number of people living in the apartment/room, you must indicate the number of your tenants. But you have no obligation to provide their information.
Moreover, let's not forget about Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ “On Personal Data”, from which we can conclude that you do not have the right to provide anyone with information about your employers.
If you maintain a trusting relationship with your HOA/cooperative, we can advise you to notify them that you are renting a room, leave a contact phone number and ask them to contact you immediately in case of any conflict situations.
Property in a rented room
Most likely, the room you want to rent out contains your property: furniture, plumbing, chandeliers, and so on. We are confident that you are interested in preserving this property while the tenants are in the room.
To reduce the risk of damage to this property and obtain guarantees of compensation if damage does occur, you can register acceptance certificate property. Such an act will be an annex to the rental agreement.
The deed should list all property, if possible so that it can be easily identified: what kind of TV, wardrobe, and so on. If the property already has some damage, then this fact is also reflected in the act - but this, most likely, will already be a requirement of your employer.
Public utilities
We have already drawn your attention to the fact that if the cost of any utility services depends on the number of people living in the apartment/room, then it is necessary to notify the organization that calculates these utility payments. This could be either a homeowners association/cooperative, or the company itself providing the services.
As for public services in general, in accordance with Art. 678 Civil Code of the Russian Federation, the employer is obliged to pay them. In the contract, this obligation can be assigned to you as well - it all depends on the agreements reached. However, we draw your attention to the fact that even if the obligation to pay for utilities is assigned to the tenant, claims for non-payment will be brought against you, since under the agreement with the company providing the services, you continue to bear the obligations.
Scout the situation
Most people take good care of their property. And the desire to keep everything under control in this case is absolutely normal.
These formalities are necessary due to the fact that the tenant officially living in the room acquires the right to inviolability of home. This right is guaranteed to us all Constitution And Housing Code. Therefore, if you simply come without asking, especially in the absence of the employer, he most likely “will not be happy.”
Results and conclusions
In conclusion, we offer you several questions, the answers to which will help you determine what and with whom you need to agree before renting out a room, and what to pay attention to when drawing up a contract:
- Is your room in a communal or private apartment?
- What is your relationship with your neighbors?
- Who manages the common property of the house - HOA/cooperative?
- How are utility bills calculated?
- What property is in the room?
As seen, renting a room is a slightly more complex undertaking than renting an apartment. The difficulty, in our opinion, is that additional factors of human relationships appear: neighbors in a communal apartment and living together with a tenant in different rooms of the same apartment. But in any case, you can avoid many problems and conflicts if you take a responsible approach to the issues of coordinating and drawing up a rental agreement.
It is a way to generate additional income for the owner. The main thing in this matter is to correctly complete all the necessary documentation so that you don’t have to worry about the consequences of renting out your home.
If the room is not privatized
In the event that even when the rooms located in a communal apartment are not privatized, then renting out a room in a communal apartment is possible, but only it is necessary to obtain the consent of other neighbors.
If consent is received, then a sublease agreement must be concluded with the tenant. You need to get a written (preferably certified by a notary) consent not only of tenants of other premises, but also all family members living together with the employer.
But it's worth remembering that the sublease agreement for such a room will be valid, if after signing the norm for providing square meters per person has not become less. And the provision rate is 18 square meters per person.
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Therefore, if after the tenants moved in, this norm became less, others living in this apartment can challenge the deal in court. All these actions are dictated by the fact that each room is owned by the state and those living in it are tenants, and the room itself is rented by the state for .
A subtenant of a room located in a communal apartment cannot be a person who has a severe and contagious form of chronic disease. Living with such a person in the same living space can harm the health of other residents.
Rent a room in a communal apartment. The room is owned
If the room is privatized and has an owner, in this case, renting out a room in a communal apartment will not present any difficulties. Owner can dispose of his living space at will, including renting out. But his actions should not violate the legitimate interests and rights of other people living in this apartment.
When renting out a room, you must enter into lease contract. This agreement must stipulate the responsibilities of both parties, both the owner and the tenant.
But we should not forget that so-called common areas are the joint property of all owners. That is bathroom, corridor, kitchen are common areas. Therefore, they are in general. And the use of property that is jointly owned is carried out with the consent of all owners. Consequently, the transaction for renting out a room affects the interests of other owners. Therefore, for hiring, you must have the written consent of all owners.
Rent a room in an apartment where there are both privatized and non-privatized rooms
Renting an apartment in a communal apartment, which has both privatized and non-privatized rooms, is possible. To do this you will have to go through the following processes:
- conclude (if the room is privatized) or sublease (if not privatized),
- it is necessary to obtain written (preferably certified by a notary) consent of all tenants (non-privatized rooms) and persons living with them, as well as all owners (privatized rooms).
Renting a room in a communal apartment is not easy; there are many nuances. Therefore, it is better to entrust this to professionals. It is best to contact those that have a solid Experience working specifically with communal apartments, and experience of successful transactions, without litigation.
