How the rent of a room in a communal apartment is formalized by law. Residents are against: is it possible to rent out a room in a communal apartment without the consent of the neighbors? Rent out a dorm room without your neighbors' consent

Renting out living space is often associated with a number of difficulties, which every landlord needs to know. One of the important issues is quickly finding reliable tenants. We have prepared detailed instructions for you on how to quickly find tenants, complying with the law and without losing benefits.

○ Who has the right to rent out an apartment or room.

According to Russian legislation, only the owner can rent out living space in the first place.

• “The right to lease property belongs to its owner. Lessors can also be persons authorized by law or the owner to rent out property (Article 608 of the Civil Code of the Russian Federation).”

Thus, the law does not prohibit the right to act as a landlord to third parties, provided that they have a notarized power of attorney from the owner of the property.

If the property is assigned to several owners, it is necessary to obtain written permission for real estate transactions from each of them, certified by a notary. Their personal presence at the conclusion of a transaction without written consent is also allowed.

When planning to rent out an apartment/room, the owner must also obtain consent from all persons registered in the living space.

○ How to submit: individual entrepreneur or individual.

Obtaining the status of an individual entrepreneur is not mandatory for a future landlord. You can rent out living space as an individual, paying the appropriate amount of tax.

The decision on the need to register an individual entrepreneur depends on how profitable it is. The advantage of this status is only the ability to choose a taxation option, while for an individual there is only one option - 13% of personal income tax. However, registering an individual entrepreneur has a number of disadvantages:

• The need to pay insurance premiums, draw up regular reports on them and liability for violation of the order.
• Responsibility for keeping records of expenses and income.
• If the living space is sold, the income from the transaction will not be exempt from taxation, whereas for individuals there is a similar opportunity if the property has been owned for more than 3 years.

Thus, maintaining the status of an individual simplifies the procedure for renting out living space. However, the income tax is higher than for individual entrepreneurs. Therefore, the issue of deciding the status of a landlord is decided on an individual basis, based on individual preferences.

○ Preparation for delivery.

To prepare an apartment/room for rent you need:

• Get your housing documents in order.
• Pay off utility debts.
• Prepare rooms (make cosmetic repairs if necessary).
• Check the plumbing and repair it if necessary.
• Do some general cleaning.
• Remove particularly valuable and memorable items from the apartment.
• Place furniture and household appliances.

Properly prepared housing increases the cost of rent by about 50% and greatly simplifies the search for tenants, so it is important to pay attention to preparatory measures.

○ How to find tenants.

Finding a tenant is an important stage of rental actions, because the stability of income and the absence of problems with living space depend on his reliability. You can find a tenant through an intermediary or on your own.

✔ Agencies.

You should contact the services of realtors if you do not want to waste time searching for tenants and checking their reliability or are not confident in your abilities. At the same time, it is important to choose the right agency, because the number of scammers among realtors is steadily growing. When making a choice, pay attention to:

• Time spent on the real estate market.
• Percentage of successful transactions.
• Customer reviews.
• Professionalism of the staff.

It should be borne in mind that the services of realtors are paid, but a percentage of the concluded transaction is usually paid to them by the tenant.

✔ Advertisements.

This is one of the ways to independently find a tenant. You can advertise in print media and television, in special sections. The placement fee is small, and the effect is quite fast. In this case, checking the reliability of a potential tenant falls on the shoulders of the landlord.

✔ Internet.

Another way to quickly find an employer without involving intermediaries. You can submit an ad on popular sites www.avito.ru, www.irru.ru, www.domofond.ru, etc. It is also worth posting information about finding a tenant and the requirements for him on your personal pages on social networks. This is a free, but quite effective way to find a tenant fairly quickly.

✔ Personal contacts.

You can often find people willing to rent an apartment among personal acquaintances. In this case, you will not spend money on checking the tenant and will be sure of the permanent registration address. However, this delivery option also has disadvantages. We cannot exclude the risk that, taking advantage of the acquaintance, the employer will delay the rent or even ask to reduce it. In such a case, not everyone can refuse a request to their detriment, so it is worth taking into account the possibility of such a development of events when deciding whether to rent out housing to friends or not.

○ Study of tenants.

When planning to rent out your living space to strangers, it is worth conducting at least a minimal check of their identity. You can do this as follows:

• Ask to confirm your income using a 2-NDFL certificate or show documents for a car or other property.
• Check the submitted passport against any publicly available database (for example, http://services.fms.gov.ru/).
• Check for credit debts on the bailiffs website (http://www.fssprus.ru/iss/ip/).

Here it should be borne in mind that by law, the employer is obliged to provide only a passport; he can demonstrate all other documents solely at his own request. Therefore, the landlord cannot demand this, but he may be wary if such a request is refused.

○ We rent with or without a contract.

The conclusion of a lease transaction can take place by oral agreement or written agreement. In the first case, the parties must be prepared for the fact that the terms of the contract may not be observed by the counterparty, and he will not have responsibility for this. Therefore, it is advisable to rent out living space under a contract in order to be sure that your rights are respected. You can prepare the document yourself or use the services of a notary. It is important to take into account that if the tenant is an individual, then a rental agreement for residential premises will be drawn up. And if the apartment will be used by a legal entity, you need to prepare a lease agreement.

• "1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
• 2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens (Article 671 of the Civil Code of the Russian Federation).”

○ Conclusion of an agreement and signing of documents.

The document must contain all the necessary points of a simple contract:

• Information about the parties to the transaction.
• Description of the subject of the contract.
• Rental period.
• Rent price.
• Rights and obligations of the parties.
• Responsibility for failure to fulfill one's obligations.
• Possibility of force majeure circumstances.
• Additional conditions (possibility of carrying out repairs on account of rent, sublease, etc.).
• Details and signatures.

It is also necessary to take into account all the risks: the possibility of increasing the rent, a fine for early termination of the contract, etc.

It is worth considering that the more details are reflected in the contract, the higher the guarantee of protection of the rights of the parties to the transaction.

In addition to the agreement, the parties to the transaction must sign:

• An act of acceptance and transfer of property, which reflects the actual condition of the living space, and also records the readings of all meters at the time of conclusion of the agreement.
• An inventory of property, which details what items and in what quantities are transferred to the tenant for temporary use.

○ Registration of the contract.

A lease agreement is not subject to state registration, regardless of its validity period. As for the lease agreement, it must be registered with Rosreestr or the MFC branch if it is concluded for a period of more than 1 year.

• 1. “A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing.
• 2. A real estate lease agreement is subject to state registration, unless otherwise provided by law.
• 3. A property lease agreement, providing for the subsequent transfer of ownership of this property to the lessee (Article 624), is concluded in the form provided for the purchase and sale agreement of such property (Article 609 of the Civil Code of the Russian Federation).”

To register you need:

• Pay the state duty in the prescribed amount (10,000 rubles for individuals and 15,000 rubles for legal entities). Payment is made by each participant in an equal share, or the responsibility is assigned to one of the parties (this point must be specified in the contract).
• Write an application on behalf of one of the parties to the transaction, attaching the notarized consent of other owners or registered persons to conclude a lease agreement.

○ How to charge.

The method of transferring payment for accommodation is discussed by the parties. The calculation can be:

• Cash (in this case, you must draw up and sign a receipt for the transfer of funds each time).
• Non-cash (transfer will be confirmed by bank statements).

Payment can be made:

• Every month.
• Once a quarter.
• One time per year.

The law does not provide for a mandatory form of rent payment and its frequency.

○ Tax payment and accounting.

According to the law, renting out housing requires paying taxes in the prescribed amount.

• “Taxpayers - individuals for taxes paid on the basis of tax notices, in addition to the obligations provided for in paragraph 1 of this article, are required to report the presence of real estate and (or) vehicles recognized as objects of taxation for the relevant taxes to the tax authority for their choice in the event of non-receipt of tax notices and non-payment of taxes in relation to the specified objects of taxation for the period of their ownership (Clause 2.1 of Article 23 of the Tax Code of the Russian Federation).”

If we are talking about an individual, his tax on rental income is:

• 13% for residents of the country.
• 30% for foreign citizens.

By registering the status of an individual entrepreneur, the landlord can pay taxes in the amount of 6% of income by choosing a simplified taxation system. At the same time, he must maintain accounting records and record income and expenses.

○ Responsibility when renting out an apartment.

If it is discovered that the landlord does not pay taxes on rental income, he may be subject to a fine of 20% to 40% in addition to recovery of the amount withheld.

• “Non-payment or incomplete payment of tax amounts (fees, insurance contributions) as a result of understatement of the tax base (base for calculating insurance premiums), other incorrect calculation of taxes (fees, insurance contributions) or other unlawful actions (inaction), if such an act does not contain signs tax offenses provided for in Articles 129.3 and 129.5 of this Code entail a fine in the amount of 20 percent of the unpaid amount of tax (fees, insurance contributions) (clause 1 of Article 122 of the Tax Code of the Russian Federation).
• Acts provided for in paragraph 1 of this article, committed intentionally, entail a fine in the amount of 40 percent of the unpaid amount of tax (fee, insurance premiums) (clause 3 of article 122 of the Tax Code of the Russian Federation).”

If the amount of non-payment is recognized as particularly large, the punishment is regulated by the Criminal Code of the Russian Federation and provides for a fine or imprisonment.

• “Evasion of taxes and (or) fees from an individual by failure to submit a tax return or other documents, the submission of which is mandatory in accordance with the legislation of the Russian Federation on taxes and fees, or by including in a tax return or such documents knowingly false information, committed on a large scale, is punishable by a fine in the amount of one hundred thousand to three hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to two years, or by forced labor for a term of up to one year, or by arrest for a term of up to six months. , or imprisonment for a term of up to one year.”

Here you need to take into account that a large amount is considered to be an amount greater than 900,000 rubles, when the amount of the unpaid tax debt is 10% of the specified amount.

Housing in dormitories is provided on the basis of decisions of authorized local government bodies or state authorities who are the owners of these premises, as well as their legal representatives. As a rule, decisions on the provision of living space in dormitories are made by their administration.

A dormitory is a residential premises owned by the state or municipality and belonging to a specialized housing stock, which serves for short-term residence of citizens during training, work at an enterprise or service in the ranks of the armed forces of the Russian Federation. Housing is also provided to persons working under a fixed-term contract or employment contract, temporary and seasonal workers.

How to get housing from the state - everything about the queue for a free apartment

In addition to proven financial insolvency, potential applicants are subject to an additional number of very stringent requirements. Thus, in Moscow, in order to register, you must have citizenship of the Russian Federation; reside at the place of residence legally for a total of at least 10 years; not to commit, in the five years preceding the submission of the application, actions that resulted in the deterioration of living conditions, as a result of which they may be recognized as in need of residential premises.

Residential premises of the state or municipal housing stock can be obtained by citizens who need residential premises and who have been recognized by local governments as low-income in the prescribed manner. It should be noted that when recognizing citizens as low-income, the income per family member and the value of property owned by family members and subject to taxation are taken into account. At the same time, each region adopts its own criteria for financial insolvency.

How can you get a free apartment from the state in 2019?

1. The financial situation of applicants for housing (the assessment is based on the family’s income, after which it is determined whether it will be able to purchase a home in the next 20 years).
2. Not participating in privatization programs (such citizens already own real estate under social rental conditions).

When allocating housing, the order of priority must be taken into account. However, if documents for free housing are submitted by especially needy citizens, the list of which was given above, then housing is provided out of turn.

1. The living space must meet the criteria of a comfortable home (provided with communications and social infrastructure).
2. The building must be located within the boundaries of a populated area.
3. The house must provide conditions for citizens with disabilities (ramps, etc.).

Rules for obtaining housing from the state

The subsidy is issued in the form of a certificate, which legitimizes the right to receive it. Young families can receive a housing subsidy free of charge under the following conditions: both spouses must be no more than 30 years old and the total area of ​​​​the purchased housing must be within generally accepted sizes.

Civil servant can receive a housing subsidy provided that he lives in an apartment that does not meet the general requirements. In addition, each category of civil servants (prosecutors, judges, emergency services workers) has its own budget programs. Most often, the housing subsidy is about five million rubles.

Freebie, sir! 6.5 ways to get a free apartment from the state

A noticeable advantage of such relocation is the improvement of living conditions not only in terms of the quality of the premises, but also in terms of its “quantity”. Thus, instead of a dilapidated apartment, a new one should be provided, the area not inferior to the one that is to be demolished. But the area of ​​the new apartment should not be less than 18 square meters per person.

But there is a catch: in order to qualify for a free apartment from the Ministry of Defense, you need to serve in the army for at least 20 years, or at least 10 years if you were discharged on preferential grounds (health, old age, etc.). Also, the property must not have residential premises, otherwise they will not join the queue.

Who is entitled to an apartment at state expense for free?

When preparing documents, it is best to use the help of qualified lawyers. A certificate for receiving a housing subsidy is issued for six months. If you do not use it on time, you will have to go through the entire procedure again. Each region of the Russian Federation has its own subsidy centers, which citizens can contact with any questions related to receiving housing subsidies.

Most often, the housing subsidy is about five million rubles. Housing subsidies for migrants from the Far North are provided under the following conditions: work experience in the Far North must be at least 15 years, and the subsidy is provided in the order of registration.

1. Application (based on sample). It must be signed by each member of your family over 18 years of age who wishes to receive the status of “in need”, and certified by the move-in/registration department (at your place of residence).
2. Russian Federation passport of the applicant and all family members + photocopies of the necessary pages (marital status and children, photo with place of residence, information about previously issued passports). In this case, family members are the husband (wife) and their children under 18 years of age, or persons who live with them and have other signs of kinship, or those persons who live with the applicant, including those brought into the area as family members By the tribunal's decision.
3. All documents (+ copies) defining/confirming family composition, family relationships, etc. That is, birth/marriage or divorce certificates, all relevant court decisions or guardianship decisions, etc.
4. Form 7 and 9 (both are valid for 1 month only).
5. An extract from the personal account about the number of residents (valid for 1 month).
6. An extract from the Unified State Register with information about the presence/absence of housing owned by the applicant and family members (the certificate is provided separately for each, valid for 1 month).
7. Documents that are the basis for registration of the applicant and family members on their premises: a gift agreement or transfer of ownership, a warrant or a social tenancy agreement, etc.
8. Information about income - for the last 12 months, for each family member: documents on scholarships and benefits, a certificate of pension amount, all certificates from work, etc. In the absence of work: original + copy of the work book (certify in advance in the personnel department) ; statement (did not work anywhere, had no income, lived dependent on so-and-so), certified by a notary; a certificate from the employment center (that there was a fact of receipt/non-receipt of unemployment benefits).
9. A package of documents/certificates with information about the value of all property owned (taxable property) by the applicant and other family members. That is, a certificate from the PIB, a document from the Committee on Land Resources and Land Management (about the standard price of a plot), a document with an assessment of vehicles owned (taken from an appropriately licensed organization). Of course, each certificate must be “fresh” (as of the year of application).
10. A package of documents with information confirming the right to benefits for the provision of residential premises (originals + copies). That is, all disability documents, certificates, etc.
11. TIN + SNILS (also originals + copies) – for each (if available).
12. Certificates about the technical/condition of living quarters (conclusions, acts, etc.) - for those persons who live in premises unfit for habitation.
13. Documents about those residential premises suitable for permanent residence that are located outside the city in which the application is being submitted (required for each family member, if such housing exists).
14. Documents about housing security and the fact of living in one of the cities of the Russian Federation on a legal basis for 10 years (certificate of registration).
15. A package of documents/certificates regarding the right to receive housing out of turn (if such right exists). The following documents may be needed: an act of the interdepartmental commission stating that the housing is unsuitable for living (under Article 57, paragraph 2, paragraph 1 of the Housing Code), certificates from a medical institution (under Article 57, paragraph 2, paragraph 3 of the Housing Code) , a document from the guardianship authorities (under Article 57, paragraph 2, paragraph 2 of the Housing Code).
16. A package of documents confirming the recognition of a citizen (citizens) as low-income. The decision on such recognition is issued by the Social Security Administration. In addition to it, the following will be useful: 2-personal income tax, certificates of scholarship/pension, child benefits, etc. That is, all documents and certificates that confirm income for the last 2 years.
17. If the documents are submitted by the applicant's authorized representative: an envelope with a paper binder; power of attorney (issued in the prescribed manner), passport.

1. The family is recognized as poor (low income).
2. The size of the family’s housing area is below the accounting norm for each family member. It is worth noting that this standard is set separately by region. For example, in Moscow – 10 sq/m per 1 family member, and in Vladivostok – 13 sq/m. Note: in the process of determining the area of ​​a family’s housing, the area of ​​the real estate that each person owns is also taken into account.
3. The dilapidated condition of the housing where the family lives. Or the house cannot be repaired and is declared unfit for habitation by a special commission. The decision on whether a house is “unsafe” is made by executive authorities.
4. Living in a shared area with the family (communal apartment) for a chronically ill person with a severe form of the disease. The list of such diseases is in Decree No. 378 dated 16/06/06. For example, tuberculosis or gangrene, etc.
5. Lack of amenities in the house. For example, electricity or heating, hot water and/or plumbing, baths, stoves, etc.
6. Family members do not own any real estate if they have the right to reside in the Russian Federation.

How to get housing for free: 3 possible ways

You can become the owner of free housing with the support of the state. “For the majority of the population, there are two ways to get housing for free, without coming into conflict with the Criminal Code - to privatize the one in which you live under a social tenancy agreement, or to stand in line as a low-income person in need of changing housing conditions,” says Kulikov.

Another conditionally free way to obtain housing is rent. In this case, the buyer of the home does not have to buy living space in the usual sense of the word, but before receiving the property, he will certainly incur certain, largely unpredictable expenses, Kulikov emphasizes.

How to get a dorm room from the state

In modern conditions, many categories of the population are unable to purchase their own housing, and even the entirety can be quite difficult. In such cases, you can take advantage of the opportunity to rent a room. It's not as convenient, but it's definitely cheaper. To avoid problems, you need to carefully study the offers on the real estate market, make the right choice and document it correctly.

Features of renting part of the housing

The choice of where exactly to rent an apartment must be made taking into account many parameters. And they include not only convenient location, living conditions or the expected cost of living. Each option has its own nuances that you need to know about before moving to a new place of residence.

Dormitory

Renting a room in a hostel. Not everyone has the right to live there. If you are not in an employment relationship with the owners of the building (or are not a student), in accordance with current legislation you do not have the right to live there. Even if such an option is offered, agreeing means dooming yourself to complete lack of rights with the possibility of being evicted onto the street at any time of the day or time of year. Moreover, if the labor relationship is severed (study ends), the rooms are automatically torn apart.

The mandatory area allocated per person when renting in a hostel is only 6 square meters, but if this is not enough, the contract is invalid. If the hostel becomes the property of someone else, all contracts also become invalid and are concluded again, or eviction follows.

Communal apartment

Rent a room in a communal apartment. It matters who has the right of ownership to the provided living space. In the case of a privatized room, it is sufficient if the owner has obtained consent from all persons registered in it. Otherwise, the contract is invalid. On the other hand, the consent of neighbors in a communal apartment is also desirable. Otherwise, the tenant will have a hard time; he will actually be forced to look for other housing.

If the room is not privatized, the Housing Committee must give consent to sublease. His practical property includes housing. In addition, written consent must be given by all persons registered in the communal apartment. This is quite difficult to achieve, but if the conditions are not met, the contract is not valid. But in a communal apartment, the minimum area per person for a rental period is 12 square meters.

Apartment

Rent a room in an apartment. Renting a room in an apartment gives significantly more rights to the tenant. These include the possibility of temporary residence for temporary residents for six months if they do this free of charge. The limitation is the footage; they must have enough living space. This rule does not apply to minor children.

The contract includes the persons who will live with the tenant. If changes occur in the composition of persons, they are included in the contract with the consent of the owner of the room. With his consent, subletting is possible, when the tenant, in turn, rents out part or all of the room.

How to draw up a room rental agreement?

The contract form is easy to find on any legal portal, and written form is required. If it is not planned, but is necessary to rent for more than a year, state registration is required. It lists in detail the rights and obligations of both parties.

Usually contracts take into account the features mentioned above, but there are some more details depending on where the room is rented.

1. In dorm. A special point is compliance with the hostel life schedule, and failure to comply may result in eviction. But all everyday problems are solved by homeowners. Solving utility problems, providing furniture and repairs usually does not concern residents. If things are different, there should be a corresponding clause in the contract.
2. In an ordinary and communal apartment. Specify in detail the date of payment for the rental, the amount of the rental, the possibility of changing the payment during the term of the contract and the percentage of this increase. You can also clarify the time in which the owner must notify about changes in payment.

It is also important to clarify in the agreement:

• Are utilities included in the payment?
• Who repairs plumbing, furniture and appliances, and the apartment as a whole during your stay? At whose expense, or in what percentage terms, if expenses are shared.
• In addition, it is worth taking into account all tenants living with the tenant, who receive the same rights as the tenant.

A separate clause may include force majeure circumstances in which m. This clause depends on the identity of the owners of the room, and can be very different, up to frequent visits by guests in the middle of the night. However, they must be spelled out as accurately as possible.

The housing delivery certificate is attached to the contract. It must be formalized, accurately describing the condition of the home, all the valuables in the room, household appliances and furniture.

This will help in the future to bear fair financial responsibility both for the repair of the premises and for the condition of the furniture and equipment on both sides at the end of the contract. Moreover, damage to the home and furniture may become grounds for termination of the contract through the court by the home owner.

You can download a sample form of a standard agreement for renting out a room in a communal and regular apartment, as well as in a dormitory directly.

Sample room rental agreement between individuals

Sample room rental agreement between individuals - 1

Sample room rental agreement between individuals - 2

Sample room rental agreement between individuals - 3

Sample room rental agreement between individuals - 4

Sample room rental agreement between individuals - 5

We will tell you further about how to rent a room for a long time from the owner, without intermediaries.

Of course, using the services of realtors is quite expensive. It is much cheaper to take an interest in advertisements in the press, on the Internet and go through the indicated addresses in person. This takes time, but also allows you to personally get to know the proposed conditions and property owners. You have to choose one or the other.

• It is worth considering:
• location in relation to the workplace (study tenant);
• proximity to public transport;
• who owns the ownership of the apartment and whether it is subject to collateral;
• the condition of not only the room, but also the bathroom, toilet, kitchen, which he has the right to use;
• the condition of the house as a whole;

availability of furniture and household appliances;

Most often, family hostels are used by those who come to work with their family. To make it easier for you to find an apartment, as well as save money, renting a room in a family hostel in Moscow would be an excellent solution.

Also, this type of accommodation is suitable for those who have already created seven in Moscow and cannot live in a separate dormitory themselves. Of course, in this case, you need to think about renting an apartment or buying your own home. But such a way out of the situation is not always possible due to various circumstances.

A family dormitory is essentially the same as a hostel, but only members of your family will live in one room. We can also choose to provide accommodation in several rooms, for example, in one for the parents and in the other for the child.

Price list for rooms in the VDNH Hotel:

This category of hostels provides comfortable living conditions for the whole family in the capital at minimal cost. Of course, your own apartment is the best option, but in a situation where the budget does not allow you to rent or buy one, living in a family hostel will help you out a lot.

Why should you choose our hostel?

Firstly, we want to help you and have created the most comfortable conditions at affordable prices. And secondly, we have an excellent location; there is a metro station nearby, from which you can get to anywhere in the city.

The main advantages of living with us:

• individual bathroom for each room;
• availability of all necessary furniture;
• presence of a refrigerator and TV;
• bed dress;
• high-quality European renovation;
• reliable door locks.

We also provide room cleaning every day and bed linen is changed once a week. Since you have decided to live in the capital in a family hostel, we will be happy to provide you with this opportunity at an affordable price.

Leave your phone number and we will contact you within 15 minutes!

1. I am interested in the question: how can I rent out a room in a dorm?

Lawyer Ponomareva V.V., 3564 answers, 2136 reviews, on the site from 08/10/2017
1.1. Hello.
You have the right to rent a room in a hostel only for residential purposes. It is illegal to use residential premises for any other purpose.

Lawyer Parfenov V.N., 140,754 answers, 61,150 reviews, on the site since 05/23/2013
1.2. To rent out a room in a hostel, you must have registered ownership of this room, Article 209 of the Civil Code of the Russian Federation; if the room is owned, you can rent it out for anything. If the room is not owned, then renting out the room will be illegal and you will be held accountable.

2. I want to rent out a room in a dorm, do I need the consent of my neighbors to rent it out?

Lawyer E.P. Filatov, 17276 answers, 6878 reviews, on the site since 08/29/2005
2.1. I want to rent out a room in a dorm, do I need the consent of my neighbors to rent it out? The law prohibits renting out residential premises, COMMERCIAL RENTAL ONLY, consent depends on the status of the room.

Lawyer Kugeiko A.S., 86702 answers, 38673 reviews, on the site since 12/05/2011
2.2. Hello Dmitry
If the property is shared, then the consent of other owners is required

I wish you good luck and all the best!

Lawyer Kostenko O.V., 47228 answers, 20247 reviews, on the site since 05/17/2014
2.3. Good evening. If you are the owner of the premises, then you do not need the consent of your neighbors. Have a nice pleasant evening.

Lawyer Sibgatullina A. R., 3347 answers, 1722 reviews, on the site from 09/15/2016
2.4. Hello Dmitry.
No, you do not have such an obligation.

In accordance with Article 16 of the Housing Code of the Russian Federation, the room is classified as residential premises. Article 288 of the Civil Code of the Russian Federation stipulates that

The owner exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose.

Article 209 of the Civil Code of the Russian Federation -

“The owner has the right, at his own discretion, to perform any actions in relation to the property belonging to him that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner, the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way." Now, if you and your neighbors had shared or joint ownership, then you would need to obtain the consent of other owners in accordance with Articles 247 and 253 of the Civil Code of the Russian Federation.

Lawyer Semenov V.S., 5361 answers, 2175 reviews, on the site from 01/09/2017
2.5. Good day. If your room is not joint property, but is owned, then no one can prohibit you from using it in full. If a dispute arises, resolve it through the courts. If you live in a hostel and want to rent it out, you may lose your bed in the hostel.

3. Can I rent out a room in a dorm without the consent of my neighbors? I am the owner.

Lawyer Ligostaeva A.V., 237012 answers, 74552 reviews, on the site since November 26, 2008
3.1. --- Hello Dmitry Nikolaevich, you can only rent it out if the neighbors are not the owners, and if they are the owners, then only with their consent. We are happy to answer your questions.

4. Is it possible to rent out a room in a hostel (the rooms are privatized) without the consent of the neighbors?

Lawyer Antyukhin A.V., 328986 answers, 123193 reviews, on the site since 08/16/2011
4.1. Hello! According to Article 247 of the Civil Code of the Russian Federation, the consent of neighbors is required, except if the room is designed as a separate object.

5. Is it possible to rent out a room in a hostel without the consent of your neighbors?

Lawyer Magola V.O., 20321 answers, 6682 reviews, on the site since 01/20/2014
5.1. alas, no art. 42 housing complex of the Russian Federation

6. Can I rent out a privatized room in a hostel that is recognized as unsafe?

Lawyer Gavryushenko L.V., 22378 answers, 2514 reviews, on the site since 10/05/2009
6.1. you can pass

7. I am the owner of a dorm room, can I rent it out to the social network? hiring and getting swearing for her. remedies if I don’t need it?

Lawyer Kalashnikov V.V., 188,315 answers, 61,512 reviews, on the site since 09/20/2013
7.2. Hello!
No. You can’t do social hiring. You can rent it out for commercial rental. Or you can sell it. If it is not needed (Article 454 of the Civil Code of the Russian Federation) As the owner, you decide what to do with it (Article 30 of the Civil Code of the Russian Federation)

7.3. If you are the owner, then of course you can rent it out under a residential tenancy agreement (but not social tenancy). By concluding a contract in simple written form. Article 209 of the Civil Code of the Russian Federation, Article 30 of the Housing Code of the Russian Federation. Civil Code of the Russian Federation Article 209. Contents of property rights

1. The owner has the rights to own, use and dispose of his property.
2. The owner has the right, at his own discretion, to take any actions in relation to his property that do not contradict the law and other legal acts and do not violate the rights and interests protected by law of other persons, including alienating his property into the ownership of other persons, transferring it to them, while remaining the owner , the right to own, use and dispose of property, pledge property and encumber it in other ways, dispose of it in any other way.
3. Possession, use and disposal of land and other natural resources, to the extent that their circulation is permitted by law (Article 129), is carried out by their owner freely, if this does not cause damage to the environment and does not violate the rights and legitimate interests of other persons.
4. The owner can transfer his property into trust management to another person (trustee). The transfer of property into trust management does not entail the transfer of ownership rights to the trustee, who is obliged to manage the property in the interests of the owner or a third party specified by him.

Lawyer Terentyev V.K., 3158 answers, 2094 reviews, on the site from 01/21/2019
7.4. Good afternoon
Yes, rent it out, but it will be a commercial lease, not a social one, since state and municipal residential premises are provided under a social lease agreement.
671. Residential rental agreement

1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens.

Article 672. Lease agreement for residential premises in a social housing stock

1. In the state and municipal housing stock for social use, residential premises are provided to citizens under a contract for the social rental of residential premises, under a contract for the rental of residential premises for a housing fund for social use.
(as amended by Federal Law dated July 21, 2014 N 217-FZ)

Ch. 35, “Civil Code of the Russian Federation (Part Two)” dated January 26, 1996 N 14-FZ (as amended on July 29, 2018) (ConsultantPlus)

Lawyer Shabanov N.Yu., 19802 answers, 9448 reviews, on the site from 03/23/2017
7.5. Hello, you have every right to rent out your room under a rental agreement provided for by the provisions of the Civil Code of the Russian Federation Article 671. Residential rental agreement
1. Under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it. However, a social tenancy agreement is concluded by municipal and state entities with citizens in need of residential premises; these are slightly different legal relations and you, as a private individual, have nothing to do with this and cannot enter into a social tenancy agreement.

Lawyer Okulova I.V., 48493 answers, 24989 reviews, on the site from 11/17/2015
7.6. You can sell or rent. The owner has the right to dispose of the property at his own discretion. Housing Code of the Russian Federation Article 30. Rights and obligations of the owner of residential premises

1. The owner of a residential premises shall exercise the rights of ownership, use and disposal of the residential premises belonging to him by right of ownership in accordance with its purpose and the limits of its use, which are established by this Code.
2. The owner of residential premises has the right to provide possession and (or) use of residential premises belonging to him by right of ownership to a citizen on the basis of a lease agreement, an agreement for gratuitous use or on other legal grounds, as well as to a legal entity on the basis of a lease agreement or on other legal grounds taking into account the requirements established by civil legislation and this Code.
3. The owner of a residential premises bears the burden of maintaining this premises and, if this premises is an apartment, the common property of the owners of the premises in the corresponding apartment building, and the owner of a room in a communal apartment also bears the burden of maintaining the common property of the owners of the rooms in such an apartment, unless otherwise provided by the federal law or contract.
4. The owner of a residential premises is obliged to maintain the premises in proper condition, preventing mismanagement of them, to comply with the rights and legitimate interests of neighbors, the rules for the use of residential premises, as well as the rules for maintaining the common property of the owners of premises in an apartment building.
5. The owner of a residential building or part of a residential building is obliged to ensure the management of municipal solid waste by concluding an agreement with the regional operator for the management of municipal solid waste. For the purposes of this Code and other acts of housing legislation, the management of solid municipal waste means the transportation, neutralization, and burial of solid municipal waste.
(Part 5 introduced by Federal Law dated December 29, 2014 N 458-FZ; as amended by Federal Law dated December 31, 2017 N 503-FZ)
(see text in the previous edition)

Lawyer Ikaeva M.N., 14309 answers, 6516 reviews, on the site since 03/17/2011
7.7. Good day Antonina

You can receive income from the rental of your property under a lease agreement, or upon sale (alienation) in accordance with Article 454 of the Civil Code of the Russian Federation, Article 209 of the Civil Code of the Russian Federation.
What you write about is not regulated by law. M.

8. I have a question, I want to rent out a service dormitory, but the commandant demands that I register my wife in this room. The thing is, when I submitted the entire package of documents to receive 1 room. apartment, as required for family military personnel, 36 sq. And the commandant saw that I was living with my wife at 17 and forced her to register and why she wouldn’t accept a room. What to do? Where to contact?

Lawyer Sabelnikov A.N., 4016 answers, 2217 reviews, on the site since 05/15/2018
8.1. Good afternoon Do you have a contract in hand now or a warrant to move in?

9. My name is Artem. I have been living in a hostel for 7 months, I want to rent out a room, am I required to make repairs to it?

Lawyer Shishkin V.M., 62476 answers, 25459 reviews, on the site since 02/11/2013
9.1. Yes, it is your personal business whether to make repairs or not. You can hand it over without repairs.

Lawyer Yudanov S. A., 221 answers, 116 reviews, on the site from 05/31/2019
9.2. You are not obligated to make repairs if there are no defects in the room. Upon check-in and check-out, the dormitory commandant must record comments about the room, whether there are any shortcomings. If after your arrival you have worsened the condition of the room, you will have to restore it, and in this case, you may have to make repairs, but aimed solely at eliminating the shortcomings. No more. Otherwise, you can expect negative consequences for your studies. Unfortunately, such negative practice does occur. And the conditions associated with the repairs should have been stated in the contract for your stay in the dorm room.

10. To receive a subsidy, I was told to rent out a room in a hostel (military) and provide a certificate of rent. And only after that my documents for receiving a subsidy will be sent. My family and infant need to look for an apartment. ROUGEAU refers to a telegram dated April 30, 2019 for those who entered into a contract before 1998.

Lawyer Martynyuk V.V., 1386 answers, 723 reviews, on the site from 07/24/2018
10.1. This requirement is illegal, but all rougos do it, as an option they agree on temporary registration and a notarial obligation to vacate the apartment.

11. I want to rent out a room in a hostel for 2,000 thousand rubles, what tax will I have to pay and what documents should I bring to the tax office?

Lawyer Lukashevich S. L., 148 answers, 115 reviews, on the site from 01/29/2019
11.1. Hello!

Since the activity that you plan to engage in, namely, renting out residential premises, is associated with making a profit and, therefore, is a business activity, then you, as a citizen, need to contact the territorial tax registration authority of the Federal Tax Service or MFC at the place of residence with an application for registration as an individual entrepreneur in accordance with the requirements of Article 23 of the Civil Code of the Russian Federation and Chapter VII1. Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs".
To reduce the tax burden, I recommend switching to a special tax regime, for example, the simplified taxation system (STS), Chapter 26.2 of the Tax Code of the Russian Federation (Tax Code of the Russian Federation).
If income is chosen as the object of taxation (Article 346.14 of the Tax Code of the Russian Federation), then the tax rate for the tax period (year) will be 6% in accordance with paragraph 1 of Article 346.20 of the Tax Code of the Russian Federation.
Next - simple arithmetic, (2000 X 12) X 0.06 = 1440 rubles, this is the amount of tax.

The list of documents for registration as an individual entrepreneur is specified in paragraph 1 of Article 22.1 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs” and includes:
an application for state registration signed by the applicant in the form approved by the federal executive body authorized by the Government of the Russian Federation;
a copy of the main document of an individual registered as an individual entrepreneur (if the individual registered as an individual entrepreneur is a citizen of the Russian Federation);
c) a copy of a document established by federal law or recognized in accordance with an international treaty of the Russian Federation as an identification document of a foreign citizen registered as an individual entrepreneur (if the individual registered as an individual entrepreneur is a foreign citizen);
a copy of a document provided for by federal law or recognized in accordance with an international treaty of the Russian Federation as an identification document of a stateless person registered as an individual entrepreneur (if the individual registered as an individual entrepreneur is a stateless person);
a copy of the birth certificate of an individual registered as an individual entrepreneur, or a copy of another document confirming the date and place of birth of the specified person in accordance with the legislation of the Russian Federation or an international treaty of the Russian Federation (if the submitted copy of the identity document of the individual is registered as an individual entrepreneur, does not contain information about the date and place of birth of the specified person);
a copy of a document confirming the right of an individual registered as an individual entrepreneur to reside temporarily or permanently in the Russian Federation (if the individual registered as an individual entrepreneur is a foreign citizen or stateless person);
an original or a copy of a document confirming, in accordance with the procedure established by the legislation of the Russian Federation, the address of the place of residence of an individual registered as an individual entrepreneur in the Russian Federation (if the submitted copy of an identity document of an individual registered as an individual entrepreneur, or a document confirming the right of an individual registered as an individual entrepreneur to reside temporarily or permanently in the Russian Federation, does not contain information about such an address);
document confirming payment of state duty;
a certificate of the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds, issued to an individual registered as an individual entrepreneur, in the manner and in the form established by the federal executive body exercising the functions of developing and the implementation of state policy and legal regulation in the field of internal affairs (if this individual intends to carry out certain types of business activities in the field of education, upbringing, development of minors, organization of their recreation and recovery, medical care, social protection and social services , in the field of children's and youth sports, culture and art with the participation of minors, the list of which is approved by the Government of the Russian Federation). The specified document is submitted at the interdepartmental request of the registration authority by the federal executive body exercising the functions of developing and implementing state policy and legal regulation in the field of internal affairs, in the manner and within the time limits established by the Government of the Russian Federation.

12. My mother has a room in the dorm. Looks like 2 people are registered. No one lives for five years, so no one pays utilities. There are practically no amenities. There is cold water. Rental maintenance is not carried out. A huge crack appeared. In some rooms the ceilings collapsed. Therefore, there is zero sense in real estate. What can you do with the room? They are unlikely to buy. Should I refuse somehow? Should I hand over the bank there, or what other options?

Lawyer Kolesnik E.V., 711 answers, 447 reviews, on the site from 01/15/2019
12.1. Denis! You need to contact the local administration with this question in order for the house to be recognized as unsafe. After this, you have the right to receive housing. Good luck!

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