How to properly transfer property when renting out an apartment?

Why do you need an inventory?

If necessary, the rental agreement may separately stipulate that the residential premises are rented together with the property located in it. In this case, an exhaustive list of things that have monetary value must be provided, on the basis of which the owner of the property will be able, if necessary, to hold the other party financially liable, and the tenant, in turn, will be able to challenge unfounded claims for compensation for damages for values not reflected in such a list . In addition, the inventory of property when renting out an apartment contains information about malfunctions or damage to individual items at the time of signing the contract, which also partially relieves those who will temporarily use them of responsibility for their condition.

How to confirm the list of jointly acquired property?

The best confirmation that property belongs to joint property will be documentary evidence.

The evidence may include checks, receipts, warranty cards, statements of transactions on bank cards from which funds were withdrawn for purchases. The most important thing is that the document is relevant to the acquisition of a specific item.

If it was lost or not preserved in proper form, then you can always contact the organization that issued it with a request to obtain a duplicate. As a simple example, we can cite a case where the subject of a couple’s dispute was an apartment that they purchased in the second year of marriage.

To prove to the court that the apartment exists at all, documents on its purchase and the so-called “greenback” (certificate of registration of ownership) were provided. When dividing a couple's property, the court usually considers written evidence.

In most cases, they are indeed sufficient. Witnesses are rarely called in, although their testimony is also considered part of the evidence base.

Usually, the testimony of third parties is resorted to when documents for some valuables are lost irretrievably and cannot be restored. The main thing is that the persons involved are “outsiders” and at the same time do not have their own interest in the outcome of the case.

In judicial practice, there are quite a lot of precedents when it was the testimony of witnesses that played a decisive role in the case of division of property.

The division of property can be carried out separately from the divorce process. This procedure can be started both before and after a divorce. In the first case, the actual termination of family relations between spouses is sufficient, but they can remain married “by inertia” for a long time.

In the second case, the division of property with an inventory inclusive can be carried out within three years after the divorce. Of course, the latter situation is quite dangerous in that jointly acquired property without the appropriate document may evaporate without a trace during this period.

When concluding a settlement agreement, when the couple has no mutual claims, the inventory procedure is mandatory.

The list of joint property and information about its transfer to one of the spouses is recorded in the settlement agreement and represents its main part. The document must be certified by a notary.

It can be concluded orally only in cases where the value of the shared values does not exceed 10,000 rubles, and trust in each other is truly limitless.

Who issues

This document can be drawn up in several ways at the discretion of both parties. So, in one case, the owner of the property prepares in advance a list of the property being described, indicating its estimated value, and on the day of signing the act of acceptance and transfer of the apartment, together with the tenant, checks the actual presence and condition of the things included in the list. Another option is to draw up a document directly in the apartment together with the tenant, who, on his own initiative, can supplement it with things that, for one reason or another, were not mentioned by the owner of the premises. In both cases, the property inventory act is drawn up according to the same sample and certified by the signatures of both parties.

Inventory form for property in the premises

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Features of document preparation

The list of valuables transferred to the tenant along with the apartment can be either given directly in the text of the lease agreement, or included in a separate document that looks like an appendix with an inventory of the property. In the latter case, the paper is drawn up in 2 copies, and if an intermediary is involved in the transaction, in three.

What does it include

Such a document is drawn up in free form - the law does not provide for any clear requirements for its content. However, in order for the inventory of property to have sufficient legal force, it must be drawn up according to a model that includes the following mandatory items.

Heading “Appendix No.... to Agreement No.... dated...”.
List of property transferred for temporary use.
A clause on the full financial responsibility of the tenant for the things specified in the inventory.
Rules for the use of property - for example, a ban on taking it outside the apartment.
Signatures of the parties.

You can fill out the inventory either by hand or in printed form in the form of a list or table. Along with the list of property, by agreement of the parties, information about its value in monetary terms and the presence of signs of wear or damage can also be added.

How to describe correctly

It should be noted that documentary recording is allowed not only for items such as furniture, household appliances, decorative elements, but also for auxiliary equipment, including water and gas meters. In addition, if the apartment has a high-quality renovation, its most valuable elements can be included in the inventory. Also, the document may contain a clause regarding the “inviolability” of a particular property. For example, an inventory of furniture when renting an apartment in a dilapidated building may include a clause prohibiting its unauthorized rearrangement or use for other purposes.

Description example

The document should describe each item in as much detail as possible, mentioning its most significant parameters, including color, material, dimensions (for example, wardrobes and beds), manufacturer, model and year of manufacture (for household appliances), as well as the condition and availability of any or features. The description might look like this:

Washing machine Daewoo, model WM-ELC81WG, year of manufacture 2020, white, in working condition, there is a chip on the front decorative panel.
Artificial wool carpet, gray color, dimensions 150 by 200 cm, in one of the corners there is a round pink spot with a diameter of about 5 cm.
Cold water meter, model ВСХ-15-02, length 8 cm, verification date 12/01/2017, installed in the bathroom, no visible defects or damage.

Additionally, you can indicate the cost of each item. If this is not done, the owner of the apartment is unlikely to be able to compensate for damaged or lost valuables through the court.

How to draw up an act

An example of a transfer and acceptance certificate for renting an apartment
Like the inventory of property itself, the transfer and acceptance certificate is prepared in simple written form. The document is drawn up in two copies for each party. The act contains the following information:

Personal identification data of the parties, including full name, passport data, passport registration;
Address of location of rental housing;
The date when the acceptance and transfer of housing takes place;
List of property assets, according to the inventory;
Signatures of the parties.

The deed can include information about the condition of the property that was current at the time of transfer. So, if the property inventory lists a working electric kettle, and at the time of transfer it was discovered that the kettle, although working, has some defects (for example, there is no automatic shutdown of the device when it boils), it is necessary to indicate the existing problem in the act.

Transfer and acceptance certificate for renting an apartment

After the rental agreement expires, when returning the apartment, the owner will have to draw up another transfer and acceptance certificate, this time from the tenant to the landlord. If, at the time of returning the property to the owner, the acceptance certificates contain different information regarding the property used, all responsibility for damaged and disabled items will fall on the tenant.

Transfer and acceptance certificate from the apartment tenant to the landlord

What to look for

Even an extremely well-drawn inventory of property for a residential rental agreement does not guarantee the absence of conflicts in the future, so to minimize risks it is worth considering a few more important points:

damage to an item as a result of human actions and breakdown due to natural wear and tear are different concepts, and for certain items on the list it makes sense to stipulate the limits of the employer’s liability in relation to, for example, old low-value furniture or household appliances;
Damage to property can be caused not only by residents, but also due to external factors (natural disasters, flooding/fire among neighbors, etc.), so it is also recommended to stipulate such situations in the document;
for any thing, even the smallest and most insignificant, but indicated in the inventory, the tenant will be financially responsible, however, everything that is not included in this list will become a “headache” exclusively for the owner of the apartment;
the value of an item indicated in the inventory may not satisfy one of the parties only if the fact of material damage is revealed, therefore, all questions regarding the correctness of the monetary valuation must, if possible, be closed at the stage of compiling a list of property and before the lease agreement is signed residential premises between individuals.

Thus, in order to minimize the possibility of claims from both sides, the inventory should be drawn up, firstly, in an extremely comprehensive and detailed form, and secondly, contain reasonable and logical clauses that do not put anyone at a deliberate disadvantage in the event of unforeseen situations.

How to inspect an apartment?

Inspect the apartment carefully so that it doesn’t turn out later that you are not happy with anything.

The owner has the right to include all the things he sees fit, and the future tenant can make additions. The presence of all defects and scratches is described, and the equipment is checked for functionality.

Property available in the apartment. For example: a wall carpet, red, size 3x2, has a gray oblong spot in the lower left corner. Scratches on furniture, wobbly chairs, a broken interior door handle - all this should be included in the inventory.
Household appliances and electronics. The model, year of manufacture, and serial number of the device must be entered. For example: Samsung TV, 42-inch diagonal, year of manufacture 2014, serial number FD4357891, no faults detected when turned on, Tefal electric kettle, no serial number, detected defect - no automatic shutdown when boiling.

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Damage to property

One of the measures to minimize the financial losses of the lessor in the event of material damage is a clause reflecting the security deposit in the lease agreement. The owner of the apartment has the right to use the amount received within his framework to compensate for his own expenses if the other party violates certain terms of the contract, including the obligation to maintain the property transferred to the tenant in the same condition in which he received it. Such a payment not only protects the interests of the landlord, but also increases the discipline of the tenant, reducing the likelihood of his careless attitude towards the furnishings of the apartment.

Sample form for inventory of property in the premises

Panasonic electric kettle, 1 pc., gray color, volume 1.6 liters, power 1500 W, year of manufacture 2014, working condition.
Sofa. The color is white, the material is genuine leather, there is a 3 cm scratch on the right back.
Wall decoration in the bedroom. Material – liquid wallpaper, green color, no defects, new condition.

In order for the owner to receive monetary compensation from the tenant in the event of damage or theft of property, each item listed will need to be assessed. In this case, disputes regarding the amount of the refundable amount will not arise between the parties to the transaction.

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Apartment rental agreement with annexes: act and inventory

APARTMENT RENTAL AGREEMENT _______________ « ____ » _____________ 20___ Mr. _____________________________________________________________________ _________________________________________________________________________, hereinafter referred to as the “Lessor”, on the one hand, and Mr. _____________________________________________________________________ _______________________________________________________________________________, hereinafter referred to as the “Tenant”, on the other The Parties, collectively referred to as the “Parties”, have entered into this Agreement (hereinafter referred to as the Agreement) as follows: 1. Subject of the Agreement The Lessor, for a fee, provides residential premises owned by him to the Tenant for use for living there. The specified residential premises are located at the address:

_______________, st.______________________ ___________________________________________________________________________ house No. ______ apt. No. ______, hereinafter referred to as “Apartment” The Apartment belongs to the Lessor on the basis of ______________________________ ___________________________________________________________________________ ____________________________________________________________________________ dated ________________________, registered in the register, under No. ________________, a copy of which is attached to the Agreement as Appendix No. 1, which is an integral part thereof. The apartment has the following characteristics: living area: _______ sq. m.

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m. number of rooms: _______. 2. Rights and obligations of the Lessor 2.1.

Provide the Tenant with the Apartment in a condition suitable for habitation, and the equipment installed in it, as well as other property specified in Appendix No. 3 in good condition within ______________ days after signing the Agreement. The transfer of the Apartment is carried out by the Parties by signing the Acceptance and Transfer Certificate of the Apartment according to the form specified in Appendix No. 2 to the Agreement.2.2. The Lessor guarantees that the Apartment at the time of conclusion of the Agreement is not in a legal dispute, under arrest, and is not encumbered with the rights of third parties.

How to properly rent out a premises and do it without the consent of the neighbors in the communal apartment?

According to the rental rules, written consent to rent out a room from other persons living in the apartment is not required. This is evidenced by clause 2 of Art. 30 Housing Code of the Russian Federation. It states that the owner has the right to transfer the premises to other persons on the basis of a rental agreement.

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The code does not indicate the need to obtain the consent of other owners. Also, renting a room entails the right of the tenant to use part of the common property in the apartment: corridor, toilet, kitchen and bathroom (Article 42 of the Housing Code of the Russian Federation).

Is it possible to rent out a room without the consent of the neighbors in the communal apartment? Although the law does not establish an obligation to obtain the consent of neighbors, it is still worth notifying them of your decision and trying to obtain their positive response. This is, first of all, in the interests of the owner himself. After all, if the tenants are against it, they may begin to interfere with the tenant’s ability to live in the room. And this, in turn, may lead to termination of the contract.

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