How to take shelter, to avoid problems with the law

Why take an apartment legally

It is obvious why housing rents illegally - to avoid paying taxes. However, if we look at the issue in perspective, the problems of this can be done.

In recent years, the tax office has attended to theseThe official spoke about the fight against illegal rental housing in Krasnoyarsk seriously, why the secret could easily become clear. And in this case, will have to answer the ruble. Penalty for failure to return is 5%Tax Code, article 119 by hidden from FTS amount. Also have to payTax Code, article 122 Personal income tax, a penalty of 40% of the assessed amount and interest.

The main ally of the tax service - NeighborsWho handed me over?. But "surrender" you can and precinct, and employees of the management company - by anyone. Often, so do tenants with whom you have something not shared.

As for the latter, there is another important point. When you rent an apartment, you build a normal contractual relationship. But the illegal delivery of housing puts tenants in a vulnerable position. They can not call the police if

noisy neighbors, A locksmith from the management company, to open the door when a knock into it, because it reveals your earnings gray color scheme. To do so that the tenants lived comfortably in your apartment - it is normal.

Finally, if you do decide to sue the tenant, without the documents you will be difficult to prove that he rented you the apartment. And if you succeed, then you will be forced to pay a tax.

What should be done before putting apartments for rent

If the apartment is in the mortgage

reread loan agreement. Many banks require intention to agree to rent an apartment to them. The documents also prescribed penalties for non-compliance with this condition. They can be very unpleasant, for example, the bank will repay the loan ahead of schedule.

To avoid falling into this situation, specify the position of the bank and agreed with him housing tenancy, if required. Director of the Legal Service "United's defenders" Konstantin Bobrov Council has received the written consent of the credit institution and attach it to the lease agreement.

If you are not the only owner of the apartment

To pass the housing without any problems, it should be accepted by all the owners: even those who in a tiny share of the property.

There are two ways to do everything legally:

1. Take all the owners written consent - ideally notarized.
2. Check out the authorization form, which allow you to share owners dispose of property on their behalf.

What should be done at installation tenant

Enter into a contract

Stapled paper obligations are beneficial to both parties. (It is worth mention that the further we go about hiring the premises by an individual. Relationships with commercial entities is much more complex and deserve a separate article.)

The contract is prescribed responsibilities of the parties and fixed their duties. For example, a landlord may provide a penalty for delay in payment, make a point, according to which minor repairs will provide the employer (the default is the responsibility of the ownerCivil Code, Article 681. Repair handed vnaom dwelling). If the tenant spoil anything in the apartment, you will be able to receive compensation. Do not be afraid to take into account all the nuances of the contract. This will help cut tenants who are not ready to carry out your terms.

If you rent an apartment officially, there can be problems with the eviction of tenants before the expiry of the contract.

Employers who do not want to leave the property, it is necessary to expel through the courts. According to the director of the legal service "Unified Protection Center" Konstantin Bobrov, here we need good reasons:

• Tenants do not pay for the lease of more than six months, if the contract, this period is not extended. This measure applies only to long-term contracts, for the prisoners less than a year is only two missed payments.
• They use the property for other purposes: for example, for commercial purposes.
• They systematically violate the interests of the neighbors: litter the common space, are noisy.

It should be borne in mind: on the court, you can not just move out negligent tenants, but also to collect from them a fee for the time that they actually lived in the apartment, and the damage suffered by. But all these measures will be required only if you want to evict them before the expiry of the contract. If it ended, the tenants will lose the right to reside in the apartment.

In this regard, much more profitable to enter into contracts for a period less than a year:

• contract will end quickly;
• to go to court, only two missed payments;
• such an agreement is not necessary to register with the Federal Property Management Agency.

This is not all there is to know about the contract. Read more in the corresponding Layfhakera material.

Contents tenants temporary registration

If the tenants are going to live in your apartment more than 90 days, you have two options:

1. Check out their temporary registration.
2. Report to the Department of Migration Ministry of Internal Affairs, which you reside citizens without residence registration.

If you do not, you could face a fineAdministrative Code, Article 19.15.2 2-3 thousand rubles, or 3-5, if we are talking about Moscow. Exception - if tenants have a permanent registration in the same region. Then you do not need anything.

Temporary registration very easy life for tenants. Easier to get medical help, find a job and so on. But the owner practically nothing worth doing it: just go to the tenant in the Ministry of Internal Affairs and confirm your consent to issue the appropriate paper or a notary.

Terminate a temporary registration at any time: it is enough to notify the Ministry of the Interior on the early departure of the tenant.

There are nuances in relation to tenants with children. Tenant with a temporary registration can also arrange it for their children - this time without your consent. But it only allows them to live in an apartment until the end of the period of temporary registration. So it makes sense that this period coincided with the specified in the lease agreement.

The number of registered residents can influence the size of the rent: Increase bills for electricity, gas and water, but only if there are no counters. If they are, nothing will change.

For the owner of a temporary registration almost does not matter - as long as the problems begin. If you have to deal with the tenant in court, it will be proof that people actually lived in the apartment.

What should be done when a person lives in an apartment

Pay taxes

Each year, by 30 April must be submitted to the tax office on the declaration form 3-PIT. In it, you specify all the profits of the previous year, including money from the rental of apartments. It is necessary to make the lease agreement and the documents confirming the receipt of funds, - receipt or bank statement.

Personal income tax in the amount of 13% of the income must be paid before July 15 following the reporting period.

Note that if the fee for communal included in the rental price, with that amount also have to pay personal income tax. So it makes sense to contract to separate these two payments and take their two translations.

remember that

1. Legalize the rental housing is easy.
2. The state has a lot of ways to make you pay taxes, so that the high risk of "getting caught" on an illegal delivery of housing.
3. Pay taxes - fine.
4. Validity of the documents to protect both you and the tenant.
5. Making a temporary registration of tenants, you are practically no risk.
6. If a responsible approach to the choice of tenant, will have no problems.