Is it possible to rent an apartment at 17 years old?

At what age and on what basis can you rent an apartment?

At what age can you rent an apartment?

According to the law, all Russians can legally enter into transactions that give rise to civil responsibilities only from the moment they acquire full legal capacity.

Renting a home is one of these types of transactions, so its implementation is available only to fully capable citizens of the Russian Federation. When does legal capacity begin in our country? Is it possible to rent an apartment at 16 or 17 years old?

The answer is simple. From the age of majority, starting from the age of 18. The exception is cases when legal capacity is acquired by a citizen on the principle of emancipation (earlier acquisition of a full list of civil rights and obligations). In the Russian Federation, this happens if, before reaching adulthood, a person:

gets married;
begins to work fully under a formal agreement with some organization;
registered as an individual entrepreneur.

Naturally, minor citizens cannot be emancipated solely at their own request. To early acquire legal capacity in the Russian Federation, any person must obtain appropriate approval from the guardianship and trusteeship authorities, as well as their legal representatives.

If at least one of them denies emancipation, then the only chance of its implementation from the point of view of the law is judicial debate.

Minor citizens who do not have full legal capacity are limited in their rights and cannot independently rent the same apartment or even a room.

They cannot do this only from the point of view of the law, since it is impossible to draw up a lease agreement on their behalf. However, to organize completely legal residence of a minor separately from his representatives, you can:

Obtain appropriate permission directly from the teenager’s parents or guardians, as well as representatives of the guardianship and trusteeship authorities.
Conclude a lease agreement with the owner of the rental housing, in which the legal representative of the minor citizen will be the tenant, and the resident will be himself.

Under other circumstances, it is impossible for a child to legally reside separately from his parents or guardians.

Unfortunately, for many teenagers, in order to independently move into their own home, they need to wait until they reach the age of majority, or carry out the procedures noted above and hope to receive all the necessary documents.

Of course, you can try and emancipate yourself, but this option is something beyond fantasy, since getting married or registering as an individual entrepreneur solely for renting housing is extremely irrational.

A few words about purchasing an apartment by minors in the Russian Federation

Buying an apartment for teenagers

The purchase of housing on behalf of minors from 14 to 18 years of age is carried out in a manner similar to that described earlier.

The only difference is that teenagers can sign the agreement on their own, since they already have property rights. The transaction itself must be carried out with the permission of:

official representatives of the minor (they put appropriate notes in all contracts and documents on property rights);
guardianship and trusteeship authorities (whose representatives monitor the legality of all transactions and protect the rights and interests of the child from violations).

Before reaching the age of majority, a citizen who owns an apartment or house has partial legal capacity, so he cannot fully dispose of his possessions.

For example, rent it out on your own behalf. However, with the onset of legal capacity, all property and similar rights appear to the owner of the property in full, so his dependence on official representatives regarding the use of it disappears.

From this moment on, the citizen has the right to dispose of property as he wants, without asking anything from other persons.

That's all on the topic of today's article. As you can see, dealing with the housing issue for minors is not difficult. The main thing is to understand the basic provisions of the law on legal capacity and its essence.

We hope that the presented material has helped all readers of our resource understand at what age it is possible to rent an apartment in the Russian Federation and on what legal grounds.

How to rent an apartment in St. Petersburg:

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Discussion: 3 comments

Elena says:
04/28/2018 at 02:31
I would never rent out my apartment to a teenager. Of course, there are children who grow up early, start working and provide for themselves and even their parents, but there are only a few of them. The bulk of them sit on their parents’ necks and walk around the clock. I don't trust them.
Answer
Anna says:
04/18/2020 at 00:14
The article says that a minor can rent an apartment if registered as an individual entrepreneur. Are minors even registered as individual entrepreneurs? This is the first time I've heard of this, to be honest.
Answer
Vika says:
08/11/2020 at 10:31
I would never rent out separate housing, much less for a day, to teenagers and minor children without parents. Then you won't have any trouble with the law if they do something wrong. But the room can be rented out with the consent of the parents. I took pictures myself when I was studying at a technical school after the 9th grade, at my grandmother’s corner, I was 15 years old then. I don’t see anything wrong with this, although, again, I didn’t film it myself, but my mother made an agreement.
Answer

Accommodation for a day for children - is it worth renting out or not?

Renting housing in the form of a house, apartment or room to a minor is a risky undertaking. If the legal consequences of such a transaction for the owner of the rented meters are insignificant, then the troubles that can arise from the dishonest behavior of young tenants often cause unnecessary trouble.

Perhaps the risks of their occurrence are greatest if you rent out housing to teenagers for a day. We can definitely say that it is not worth providing your own real estate for use to such persons.

Most likely, the teenagers have bad intentions and the living space is needed to organize a party or other, not entirely calm events. What might come of this probably doesn’t need to be told to any adult.

Minor owner of non-residential premises

1076 lawyers are now on the site The owner of a non-residential premises has entered into a long-term lease agreement for non-residential premises.

(registered with the Federal Reserve System) Afterwards, the Father re-registered this non-residential premises for his minor son. there was a need to renegotiate the contract. Question: 1. Is the agreement concluded with the child, with the father or the child represented by the father?

2. Can the father (being an individual entrepreneur) receive rent payments to his current account or should a special account be opened for the child? 3. Can the father now reduce rent payments by several times? Will this be considered an infringement of the child’s rights, and is the consent of the guardianship authorities necessary (are they even involved in these legal relations)?

300 cost of the issueissue resolved Collapse Answers from lawyers (31)

Provorova AnnaLawyer, Moscow
3279 reviews

Daria, good afternoon. You really need to decide everything through the guardianship authorities, i.e.

Children's shares

Organizations that manage mutual funds offer more favorable conditions for the use of children's deposits. To open such accounts, permission from the guardianship authorities is not required - the child’s birth certificate and the civil passport of one of the parents will be quite sufficient. That is, a child at any age can become a client of a mutual investment fund. However, permission from the guardianship authorities will still be required if transactions with large amounts are carried out on the children's account.

Moreover, if an account in a mutual fund is opened for a child under 14 years of age, parents (or guardians) must sign all the necessary documents. If a child has acquired legal capacity, but has not reached 18 years of age, the documents are signed by him and his parent.

Flat rent

1076 lawyers are now on the site Hello!

Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (9)

Trandina Eleonora Eduardovna, Lawyer, Klin Chat Hello, according to the law, no, only with the consent of the legal representative. + 0 — 0 Collapse

1076 lawyers are ready to answerResponse on the website within 15 minutes Ask a question

Dear Sergey! Sergey

expert
8.1 rating

Can an owner rent out an apartment for short-term rent to minors?

Lawyer Kristina Karyagina explains that long-term rentals and short-term rentals are regulated by law in the same way. Teenagers from 14 to 18 years old enter into transactions with the written consent of their parents, adoptive parents or guardian. The transaction will be valid even with its subsequent written approval.

True, high school students most often look for an apartment for a day without informing mom or dad. They don’t intend to do homework there, but to hang out noisily - with drinking and other adult joys. If the neighbors call the police, the owner will regret his short-sightedness: he may be accused not only of illegal business, but even of maintaining a drug den.

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rental of residential premises

1. The Subject of the Agreement

2. Rights and Obligations of the parties

2.1. Does not acquire ownership rights to the subject of the contract and cannot dispose of it.

2.2. Obliged to use the residential premises only for living, ensure the safety of the residential premises and maintain it in proper condition.

2.3. Obliged to carry out routine repairs of the rented residential premises.

2.4. Does not have the right to carry out redevelopment and reconstruction of residential premises without the consent of the Landlord.

2.5. Do not have the right to sublease residential premises.

2.6. You are obligated to pay your own monthly utility bills, for which payment receipts must be submitted to the Landlord no later than the fifth day of the next month.

about which, no later than the fifth day of the next month, submit payment receipts to the Landlord.

2.8. Obliged to vacate the above residential premises upon expiration of this agreement or ahead of schedule at the request of the Landlord in the cases provided for by this agreement.

2.9. Does not have the right to prevent the Landlord from carrying out control acts to inspect the safety of the specified residential premises.

2.10. Does not have the right to make inseparable improvements to the subject of this agreement without the written consent of the Lessor, which is formalized by an additional agreement to this agreement.

2.11. The right to demand a monthly report on payment of utilities and payment of fees for the use of residential premises.

2.12. The right to monitor the safety and proper use of the subject of the agreement with representatives of the guardianship and trusteeship authorities.

2.13. When interacting with a representative of the guardianship and trusteeship authorities, it monitors the safety and condition of housing (once every six months it conducts control reports on the safety of the residential premises, which are the subject of this agreement, property according to the inventory).

3. Payment procedure

3.1. Payments for utilities (hot and cold water supply, gas, electricity, heating) must be made monthly.

3.2. The amount of payment for residential premises can be changed at the initiative of the Landlord with a warning to the Tenant 1 month in advance.

4. Duration of the contract

4.2. Early termination of the contract is possible in the following cases:

4.2.1. Mutual agreement of the parties.

4.2.2. At the initiative of the Landlord, in the event of the Tenant’s failure to fulfill the obligation to pay for housing and utilities for one month.

of which the Employer must be notified two weeks in advance.

5. Responsibility of the parties

5.1. The parties are responsible for their obligations in accordance with the law and this agreement.

5.2. The employer is responsible for the citizens living with him.

5.3. In case of failure to comply with the requirements of the contract on the part of the Tenant, the Landlord has the right to bring him to administrative responsibility.

The lessor has the right to demand compensation for damage caused and a penalty in the amount of 30% of the amount of damage caused.

5.5. In case of failure to make payment for the residential premises by the fifth day of the next month, the Tenant will be charged a penalty of 0.1% for each day of delay.

6. Dispute resolution procedure

6.1. Disputes arising in the use of residential premises are resolved by agreement of the parties and are formalized in writing or in court.

6.2. If the Tenant fails to comply with the requirements of the contract, the Landlord reserves the right to terminate the lease agreement for the specified premises unilaterally.

7. Final provisions

7.1. The agreement comes into force from __" ________ 200_ to "__" _________ 200_.

7.2. Amendments to this agreement are permitted only by agreement of the parties and must be made in writing or by court decision.

7.3. The tenant is obliged to preserve the property (furniture and household items) belonging to the minor(s) ______________________________.

7.4. The agreement is drawn up in three copies, each of which has equal legal force.

Is it possible to rent an apartment for a long time at 17 years old?

Good evening! Civil Code of the Russian Federation Article 26. Legal capacity of minors aged fourteen to eighteen years 1.

Minors aged fourteen to eighteen years make transactions, with the exception of those mentioned in this article, with the written consent of their legal representatives - parents, adoptive parents or guardian. A transaction made by such a minor is also valid with its subsequent written approval by his parents, adoptive parents or guardian.

2. Minors aged fourteen to eighteen years have the right to independently, without the consent of parents, adoptive parents and guardians: 1) manage their earnings, scholarships and other income; 2) exercise the rights of the author of a work of science, literature or art, invention or other result of his intellectual activity protected by law; 3) in accordance with the law, make deposits in credit organizations and manage them; 4) make small household transactions and other transactions provided for by this Code.

Upon reaching the age of sixteen, minors are also eligible to be members of cooperatives in accordance with cooperative laws. 3. Minors aged fourteen to eighteen years independently bear property liability for transactions made by them in accordance with this article.

3. Minors aged fourteen to eighteen years independently bear property liability for transactions made by them in accordance with this article.

For the harm caused by them, such minors are liable in accordance with this. You can rent an apartment only with the consent of your parents under 18 years of age!

On your own, without your parents, you can only carry out the actions specified in paragraph 2 of this article. Here is another law that provides for this option: Civil Code of the Russian Federation Article 27.

Emancipation 1. A minor who has reached the age of sixteen may be declared fully capable if he works under an employment contract, including a contract, or with the consent of his parents, adoptive parents or guardian is engaged in entrepreneurial activity.

Declaring a minor fully capable (emancipation) is carried out by decision of the guardianship and trusteeship authority - with the consent of both parents, adoptive parents or trustee, or in the absence of such consent - by court. Good luck!

Agreement for the sale and purchase of an apartment to minors sample 2020 free download form example form

purchase and sale of apartments

1. THE SUBJECT OF THE AGREEMENT

1.1. The Seller undertakes to transfer ownership, and the Buyer to accept and pay in accordance with the terms of this agreement, the following real estate (hereinafter referred to as the “Apartment”):

1.3. The Seller guarantees that before the completion of this agreement, the Apartment specified in clause 1.1 has not been sold to anyone else, has not been mortgaged, is not in dispute, is not under arrest or prohibited and is free from any rights of third parties.

1.4. The Buyer's ownership of the apartment arises from the moment of state registration of the transfer of ownership of the Apartment in the Federal Service for State Registration, Cadastre and Cartography. All costs for state registration of property rights are borne by the Buyer.

Not 18 years old. Is it worth renting out an apartment to a minor?

An ordinary everyday situation: children graduate from school and leave to go to university in another city. It also happens that the chosen institute or university is located in your native place, but far from home. For example, in Moscow, the journey from one end of the metropolis to the other will take half a day, which, of course, will quickly bore a student, despite the universal thirst for knowledge.

Therefore, parents often begin to wonder: at what age can a child rent an apartment? Does a minor have the right to rent housing on his own? What documents are needed for this?

The topic of housing rent in relation to teenagers raises many questions. Let's look at the most relevant ones.

Is it possible to rent an apartment at 17 years old?

It is possible at 16, and even at 14 - this is not prohibited by law. The Civil Code has Article 26, which states: a child from 14 to 18 years old has the right to enter into any real estate transactions.

But - only with the written consent of parents or guardians. To rent housing, it is sufficient to provide a free-form consent to conclude an agreement, where the mother or father indicates their and the child’s passport details.

There is no need to have the document certified by a notary.

However, it is unlikely that a 15-16 year old teenager will be able to find a suitable rental option on his own. Apartment owners now make such demands on tenants (only Slavs, only family, no parrot dogs and other quirks) that it is not easy for an adult to move into it. And then, the owner needs a tenant with a regular income who can uninterruptedly pay for the services provided.

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But Russians can rent an apartment on their own only after reaching 18 years of age.

Is it possible to recognize a child as legally competent under the age of 18?

This is possible, although the so-called emancipation procedure is practiced quite rarely in Russia. If a child who has reached the age of 16 is officially employed, works under an agreement or contract and has a stable income, or is engaged in individual entrepreneurship, then he may be recognized as legally competent (Civil Code of the Russian Federation, Article 27).

The same rule applies to young people who entered into legal marriage before the age of 18 (Civil Code of the Russian Federation, Article 21). But to do this, they, as well as their parents, need to contact the local guardianship and trusteeship authority. If they give the go-ahead, the teenager is recognized as an adult, acquiring all the rights and responsibilities of an adult. Now he can make any deal.

How to conclude a rental agreement with a teenager?

Such a document is drawn up between the owner of the apartment and the parent of the future tenant. To do this, it is necessary to provide official permission for his separate residence in a rented apartment. If the owner of the property rents it out to a minor without the written consent of the parents, nothing will happen to him for this - the law does not regulate this point.

But if a young tenant causes destruction in the apartment and damages the owner’s property, then the owner will have to cover the losses himself.

According to lawyer Evgeniy Tronin, he will not be able to demand payment for repairs from the minor, since all property obligations lie with his parents. In addition, the owner will have to prove that this particular child is to blame for the incident.

If you go to court, it will recognize the lease transaction as invalid, since it could only be concluded with the permission of the guardians.

Can an owner rent out an apartment for short-term rent to minors?

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Is it possible to rent out an apartment to a minor child?

Children of any age can be property owners. It happens that a child receives an apartment as a gift or by will, or parents register it in the name of their offspring in order to protect the property from the claims of creditors. Such housing belongs exclusively to the young owner, and mom and dad cannot sell it, exchange it, or rent it out at will.

To obtain permission to rent out an apartment, parents, guardians or adoptive parents must contact the guardianship and trusteeship authority at their place of residence (Article 37 of the Civil Code of the Russian Federation). If they refuse (specific reasons for refusing consent to a transaction are not specified in the law), you can go to court.

How to legally rent out an apartment if the owner is a teenager?

Having secured the consent of the guardianship authorities, the parents draw up an agreement with the tenant, which is signed by both the parent and the child (if he is over 14 years old). Guardianship will require opening a bank account in the teenager’s name and transferring the rental proceeds to it.

This money will be “frozen” until the child becomes an adult. You will have to pay tax on income from renting out real estate (Article 23 of the Tax Code of the Russian Federation). The declaration is submitted on behalf of the child by his legal representative, who also pays the tax. If housing is rented by a legal entity, the tax is transferred by the organization.

How to rent out an apartment correctly - tax details

Methods of renting housing

There are two main ways to find rental housing:

through real estate agencies;
independent analysis of rental offers from apartment owners.

Both options are described in detail below.

Through an agency or realtor

One of the most common ways is to contact realtors who can help you find a suitable option. However, this service is not free. If a rental agreement is concluded, the tenant will have to pay the agency a certain percentage of the monthly rental price.

Reference. As a rule, the size of this fee is 50-100% of the cost of renting an apartment for a month.

In general, the search for housing through realtors is carried out in the following order:

Choosing a suitable real estate agency or private realtor.
Meet with a consultant and detail your expectations regarding rental housing.
Concluding an agreement for the provision of apartment search services.
Review of the proposed options.
Concluding a rental agreement with the owner of the apartment you like.
Payment for the services of a real estate agency or realtor.

Personally

This is a more difficult way to find housing, as it requires a lot of time and effort. Moreover, with this option, the chance of encountering scammers increases significantly. At the same time, the advantage is that there is no need to pay a commission to an agency or realtor.

So, the main ways to independently search for a rented apartment include the following:

survey of relatives, friends and acquaintances;
tracking offers posted by property owners on various Internet sites;
posting advertisements looking for housing for rent;
publishing a message about the desire to rent an apartment in various thematic groups (on social networks), as well as viewing the proposed options.

How many years does a mortgage loan last?

A mortgage can be issued for different periods. The required amount of money secured by real estate can be given for 5, 15, 30 or more years. According to experts, the optimal loan is one issued for 10-15 years. As the period increases, the amount of overpayment increases.

The mortgage term depends on the following factors:

borrower's age;
type of mortgage;
type and value of real estate.

Banks consider all mortgage applications individually. Therefore, it will not be possible to say exactly for what period the loan will be issued.

Almost all financial institutions in the country provide for the possibility of early repayment of a loan. Therefore, even if you take out a mortgage for 25 years, you can return the money 5-7 years earlier. A loan to buy a house is usually issued for 30-50 years.