Drawing up the contract
All relations between tenant and landlord are governed by a contract of employment. This document is made in writing and does not require state registration, or certification by a notary.
The contents of the contract depends on the wishes of the parties. And the tenant and the landlord before drawing up the contract, consider the terms on which they are willing to bargain.
In particular, the tenant is better to insulate themselves from conflicts and to reflect the contract number and order of visits from the landlord (with prior notice to the employer or not), fix the amount of recruitment, payment and other payments (payment of electricity bills MGTS etc. .), as well as to provide conditions for early termination of the contract and its consequences.
Landlord, in turn, must assess the risks in advance and make the contract required him to terms. For example, the provision in the contract payment “amount of collateral” that will ensure safety of the apartment and property.
In this case the tenant must pay attention to how the contract shall provide for the repayment of that amount upon the expiration of the contract. Size “amount of collateral”, usually is a monthly fee for renting an apartment.
What to look for when the contract of
The text of the agreement necessarily must contain the following items: passport data of the two parties, the address of the dwelling, the documents on which the landlord was in her own apartment.
The contract should include not only the conditions of employment, but also the sanctions to be imposed upon the offender in default of its terms. In that case, if one party breaks the terms of the contract, the aggrieved party the right to go to court, where a contract of employment will be the document confirming the violation of certain conditions. But keep in mind that the sanctions to protect the rights of, an employer will be fully operational only on the condition that the employer himself served its commitments in full and vice versa.
If the apartment is owned by several persons, all must sign the contract of employment, or transfer the right to surrender the apartment to one person by writing and notarized power of attorney. Otherwise, co-owner or tenant registered reserves the right to live in this area.
To ensure that the agreement signed by all owners and registered in a given area faces, we must require the landlord to provide an extract from the house of the book. This document lists all the owners, joint owners and registered in a flat face. Validity of discharge is limited (1 month), so pay attention to the date of issuance of the document.
If the term of the lease contract expired, must be in writing to extend the contract or sign a new one.
In addition to signing the treaty, it is recommended to make the act of handing over the flat and the property in it (if any). The instrument must describe in detail the condition of the apartment, as well as a list of property, fixing of all available visible damage or other defects.
How not to fall for tricks fraudsters
It should be very attentive to the transactions in which the owners of the apartments require an advance payment for several months (3 months or more), because such methods are often fraudsters.
To avoid the risk of getting caught in the tricks of scammers, you must follow these rules:
1. Check the availability of title deeds to the apartment.
2. Do not be tempted to clearly underestimated compared to the market rental value.
3. Do not enter into a contract and not to make money before the apartment will be shown.
4. Only required to provide original documents.
5. To verify that the name of the holder of identity card and other documents. And in case of change of name to check the documents confirming this fact.
6. Do not bargain in the absence of all required documents.
7. Conduct all the calculations only after receiving the keys and settle into the apartment.
8. When paying by hiring an apartment to require the provision of receipts confirming the timely transfer of funds.
In the early eviction from the apartment the tenant must be based on the contract. If the contract terms and early termination of the mechanism is not provided, you should go to court. Since all of those questions that does not specify the contract of employment are governed by existing legislation.
Part of the problem, which resulted in the eviction, can be solved through negotiations with the owner. But of course will be more reliable if the procedure is premature termination of the contract spelled out in detail employment.
The first thing to fix is not entitled to any of the parties to terminate the contract early. If the parties are entitled to early termination of the contract, the contract must specify for how long and in what form, a participant of the transaction to warn others. It should provide for a procedure for refund of paid and lived period, and return a security deposit. A separate register in the event of any material breaches of the tenant or the landlord has the right to terminate the contract.
In case of early eviction tenant solely on the whim of the owner in the contract of employment usually provides penalties. On their basis in the event of unjustified eviction from an apartment tenant may also charge the owner the full amount of the fine.
If the apartment was found by the agency, when a conflict situation it is necessary to address at this agency. Typically, large agencies are trying to help their clients.
If the owner decides to sell the apartment to evict tenant is not entitled to. In accordance with the Civil Code, the alienation of real estate terms and conditions of employment are stored, and the new owner of the apartment is the landlord, with all the ensuing consequences from here.
Keep in mind that renting premises for rent or lease, arendodatelpoluchaet income in the form of fees for lease or rent (Article 208 of the Tax Code). Thus, it has the duty to pay tax on personal income. Order of payment of income tax for individuals is regulated by Chapter 23 of the second part of the Tax Code.
To pay the tax on personal income tax return is required. In the tax return the taxpayer must provide all the received income for the tax period, the source of their preparation, tax deductions, if any, quantify the amount of tax payable. The declaration must include a copy of the contract of employment (to confirm the source of income).
The tax period is the calendar year. Tax-filing date has not changed – until April 30 following the tax reporting period. The Declaration is available in the tax office of the registration (residence permit). Pay tax the taxpayer is obliged within a period not later than 15 July of the year following the expiration of the period.
In the event of early termination of the lease, the taxpayer must, within five days from the date of termination of employment to issue a declaration of income actually received. Early submission of tax declaration, calculation and payment of tax provided for individuals referred to in Article 228 of the Tax Code.
The provision of advance tax returns and paying taxes ahead of time provided for the following reasons: the termination payments (for non-payment of rent or the rent due to termination of a lease agreement or lease).
Payment of tax on such tax returns be made not later than 15 days from the date of such declaration.
To optimize the taxation of some citizens registered as individual entrepreneurs, moving to a simplified tax system and pay tax at a rate of 6%. However, this tax system has its own nuances, such as: filing tax returns done more than once a year and more often, etc.