Rental Agreement for Residential Premises Registration in Rosreestr

What does the law say?

Do I need to register the transaction? The obligation to register a residential rental agreement between individuals is specified in Art. 674 Civil Code of the Russian Federation.

The law says the following:

the apartment rental agreement must be drawn up in writing (the form in which the document is drawn up and what documents are needed for its execution are discussed here);
concluding a transaction for a period of more than 1 year entails the emergence of an encumbrance on the right to own real estate;
an agreement drawn up for a period of more than a year, which entails a restriction of property rights, is subject to mandatory registration.

IMPORTANT : Thus, the rental agreement entered in the register of real estate transactions limits the owner’s rights to use housing, and, on the contrary, gives the tenant a number of rights.

Procedure

To register a rental agreement, you must contact a special government agency - Rosreestr. This institution is a federal executive body. The main tasks of this organization are to maintain cadastral records of real estate. When registering this accounting, all transactions carried out with residential and non-residential premises are recorded.

You can apply for registration of an apartment rental agreement in person by submitting documents to Rosreestr or submit papers through the multifunctional center. The person who signed the agreement has the right to begin the state registration procedure. This person can be certain citizens, for example, the owner or the tenant. In accordance with our legislation, third parties can contact a government agency. To apply, they must provide a power of attorney indicating their lawful actions. Such a trust deed is subject to mandatory notarization.

The procedure for registering a real estate lease agreement is as follows:

preparation of a certain list of documents;
submission of collected papers to one of the government agencies - Rosreestr or a multifunctional center. Documents can be sent in several ways - bring them in person to a government agency, send them via registered mail, send papers via the Internet;
receipt of papers after the registration procedure.

After registering a residential rental agreement, the owner of the property is required to draw up a tax return, then submit it to the tax office and pay personal income tax.

Required documents

To register an apartment rental agreement with Rosreestr, you need to collect a package of certain documentation.

List of documents for registering a rental agreement:

rental contract. This act must be submitted in triplicate. One for the tenant, the second for the registration office and the third remains with the owner;
application of the established form;
papers evidencing the landlord's property rights;
title papers, for example, a sales contract, an inheritance deed and other documentation;
certificates from the BTI. For example, a technical passport;
identification card of an individual, and if the tenant is a legal entity, then the constituent documents of the organization are presented;
consent of the owner's spouse. This written consent is necessary if the residential premises were acquired during the period of official marriage, which, by law, is recognized as jointly acquired property;
power of attorney certified by a notary office. This document must be submitted to Rosreestr or MFC if the papers are submitted by a representative of the tenant;
receipt of paid state duty.

The package of documents described above is submitted along with the application. In order for authorized persons of a government agency to accept a rental agreement for registration, the application must be completed correctly.

Contents of the statement:

the name of the organization to which it is submitted;
address of the registration office;
information about the applicant (tenant or landlord) - last name, first name, patronymic, address, telephone number, contact email address;
table of contents of the statement;
the essence of the petition;
list of attachments attached to the application. It is important to indicate the entire list of submitted documentation;
date of registration;
signature of the citizen who made the application.

applications can be found here. Based on the example presented, it will be easier to draw up your application for registration of an apartment rental agreement.

Between individuals

The mandatory procedure for registering an apartment rental agreement between individuals is determined by the provisions of certain legislative acts of the Russian Federation. In accordance with legal norms, individuals are required to register rental agreements in the following cases:

if in the lease agreement the period of temporary use of residential premises is more than one year (12 months);
if the tenant, by providing residential premises for rent, has a profit that exceeds 10 minimum wages.

The procedure for registering a residential lease agreement between individuals does not differ from the situation when a legal entity acts as one of the parties to the transaction.

If an individual does not register a real estate lease agreement with special government agencies, consequences may arise. During the trial, the concluded apartment rental agreement may be declared invalid.

You can read the terms of the agreement here.

Where to do it?

Registration is possible:

directly to Rosreestr;
through MFC.

You can also submit documents and applications online through the State Services portal. To do this, you will need to scan copies of documents in advance in order to send them via the Internet to the registration authority.

ATTENTION : The procedure takes 7 working days. The result of registration is the issuance to the applicant of an extract from the Unified State Register of Real Estate with a registration mark.

The procedure for registering a housing rental agreement between individuals

State registration of the concluded agreement is carried out within five working days from the date of filing the application with Rosreestr. After termination of the agreement due to the expiration of its validity period or on the initiative of one of the parties, it is necessary to submit documents confirming this fact to the registration authority.

the date of its preparation;
passport details of the parties;
information about the subject of the contract - address and other characteristics of the residential premises;
hiring period;
rent amount;
procedure for payment of utilities and other services;
information about the deposit (subject to its payment);
rights and obligations of the parties;
in the event that the apartment is rented together with furniture, household appliances, etc., an inventory of the property provided for use;
signatures of the parties.

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Payment of state duty

Entering information about the fact of concluding an agreement and encumbering the premises by third parties requires payment of a fee (Tax Code of the Russian Federation, Art. 333.33, clause 1):

for individuals – 2 thousand rubles;
for legal entities – 22 thousand rubles.

If documents are submitted online through State Services, then you can pay the fee non-cash through the portal. When going through the procedure in person at Rosreestr, you will first need to pay a fee , and then submit an application and papers. Without a payment receipt, the agency employee will not accept documents.

We advise anyone who is planning to enter into a transaction such as a residential lease agreement to read other materials collected on our website:

Peculiarities of concluding a lease agreement for private housing.
Termination of the contract and drawing up an agreement.
Competently drafting a rental agreement.
Attachments to the rental agreement.

Residential lease agreement registration in the Russian register

The documents for registering a lease agreement for premises in Rosreestr vary in composition depending on who is the party to the transaction (individuals or legal entities), as well as on what object is being leased (residential or non-residential premises). A lease agreement for non-residential premises concluded for a period of more than a year is subject to registration with Rosreestr in any case. As for the rental agreement for residential premises concluded for a long term, there are some peculiarities here. If an apartment rental agreement is concluded between individuals, not for the purposes of entrepreneurial activity, then it will be a property rental agreement and it is not subject to registration.

directly to the Rosreestr branch or through the MFC (regardless of the location of the property according to the list of divisions that carry out reception on an extraterritorial basis posted on the Rosreestr website) or to an authorized person of Rosreestr during on-site reception;
by post with a declared value upon forwarding, an inventory of the contents and a notification of delivery;
in the form of electronic documents via the Internet, for example through the official website of Rosreestr.

Interesting to read: How long is an extract from the Unified State Register valid for 2020?

Peculiarities

In accordance with Art. 674 of the Civil Code of the Russian Federation, an agreement between the owner of the premises and the tenant is registered only if it is concluded for a period of at least 12 months. Many owners use this loophole in the law for personal gain: they deliberately enter into an agreement for a period of less than 1 year, and then extend it.

This makes it possible to avoid document registration and save money. In addition, the lack of registration allows apartment owners to remain undetected by the tax service . Registration of the rental of real estate is a mandatory procedure if the agreement was signed for a period of more than a year.

Concluding an agreement for a period of more than 12 months is advisable only if expensive housing with valuable property is being rented, or the owner of the apartment lives in another city and needs additional guarantees of the security of the transaction. Now you know whether you need to register a residential lease agreement.

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Lease agreement - general information

The rental of residential premises for living is regulated by the Civil and Housing Code of the Russian Federation.

The Civil Code of the Russian Federation states: “A rental agreement means the provision by one person to another for long-term use of an apartment or room in a house. Both parties to the agreement must be individuals (if someone is a legal entity, then to operate the premises it is necessary to enter into a lease agreement, not a rental agreement).”

The tenant will use the premises for living, and the owner will receive a certain monetary reward for providing the service. To determine the amount of monetary remuneration, bargaining is used, and the tenant must pay for the stay in the apartment every month (except for cases where the rental agreement implies a different procedure for paying all necessary payments), and housing can be rented for a period of up to 5 years.

A contract of employment is a special written agreement that contains the main points of the transaction. Such an agreement must contain the following information - names of the parties, contact information, monthly payment amount, length of stay, and so on. The object of the rental contract may be a house, apartment, isolated premises or any other real estate. The apartment must meet all operational requirements, and renting out housing that is in disrepair is prohibited.

The legal consequences of the employment contract are as follows:

Notarized registration. It is possible to register a contract with a notary only at the request of the parties, and paper without execution has legal force, just like a document with a notary seal (in fact, such a procedure is only necessary so that both parties can make sure that there are no controversial issues in the contract).
Registration of a residential lease agreement. In the case of a rental agreement, state registration is required if the transaction is concluded for a period of more than 1 year (such a rental is called long-term). If the apartment is rented for a shorter period (such a rental is called short-term), then in this case the agreement is not subject to registration. The transaction is registered in Rosreestr.
Tax obligations. After signing the contract, the owner is obliged to pay tax on the profit he receives as a result of renting out the property.

Note! If the rental contract does not indicate the period for renting out the housing, then it is assumed that the housing is rented for 5 years, and in this case the contract must be registered.