Purpose of property inventory
The main purpose of the inventory is to document all property transferred for temporary possession to residents, so that at the time of their departure, everything described in the document will be returned to the owner in the same condition.
Otherwise, when something from the list is missing, broken or damaged, the tenant must compensate for the loss. It is also worth considering the condition of the apartment itself: covering the walls, floors, windows and doors. If the apartment is new and in good repair, then indicate this in the inventory. Include anything you value, even if it's fresh wallpaper or bathroom counters.
Document form
There are no strict requirements regarding the form of the document. It is allowed to compose in both printed and handwritten versions.
You can also fill out a pre-prepared form by hand or make amendments and additions to a printed one.
There is no need to certify the paper by a notary; once signed by both parties, they already acquire legal force.
The content is usually compiled by the owner. If the agreement is drawn up with the participation of a realtor, then he can also help in concluding the document.
Ideally, a list of everything that is in the apartment should be compiled on the day the keys are handed over to the tenant, during the signing of the main rental agreement. When registering property, both parties must be present - the owner and the tenant.
If the list was prepared in advance, then the parties need to check the authenticity of its contents on the day of the transaction.
This is, first of all, necessary for the tenant, since if the owner is unscrupulous, then on paper he can indicate a number of things that are not actually in the apartment.
After the transaction is terminated, he can thereby deceive the tenant by demanding compensation from him for the loss of missing items.
An inventory is a document containing a list of things transferred to the tenant along with the apartment under the lease agreement. Drawing up this annex to the contract is important for both the property owner and the tenant. This paper guarantees the owner the safety of his property.
If something in the apartment is damaged or lost when a tenant evicts, the owner has the right, on the basis of this document, to demand compensation from the tenant for the damage caused. The document also protects the tenant: the owner will not be able to make claims against him regarding the loss of things if they were not indicated in the inventory.
Also, the owner will not be able to demand monetary compensation for damage to a certain item if it was initially handed over for use with defects and malfunctions.
Who composes?
The document can be compiled in one of the convenient ways:
- The owner draws it up independently, after which, together with the tenant, on the day of signing the contract and handing over the keys, he double-checks the data specified in the inventory with the actual state of things and their quantity.
- The owner, together with the tenant, checks all valuables in the apartment and records them in the document. The tenant also has the right to include items in the apartment in the inventory if they were not listed by the landlord.
When property is excluded from the inventory
The list of objects that cannot be seized is specified in Article 79 of Federal Law No. 229.
For citizens, the rules are established by the Civil Procedure Code. Article 446 of the Code of Civil Procedure specifies the following as such property:
- The only premises owned by the debtor and suitable for living.
- A plot of land on which an individual building is located, where the debtor lives, if there are no other premises for such purpose in his property.
- Items for professional activities.
- Personal items - clothes, shoes, jewelry, with the exception of luxury items - expensive ones.
- Fuel for space heating and cooking.
- Prizes, awards, insignia.
- Vehicles for moving a debtor with a disability.
- Money or food worth no more than the subsistence level, intended for the debtor or dependents living with him.
- Seeds for annual sowing.
- Animal feed, equipment for their maintenance, if this is not related to business activities.
Property belonging to third parties, both relatives and strangers, and organizations is not included in the inventory. If such objects are included in the act of arrest, interested parties in protecting their rights can file a complaint with the senior bailiff or in court with a request to exclude the objects from the inventory. Debtors have the right to contact these authorities if the legal order, their rights and interests were violated during the preparation of the inventory. Also among common cases is the seizure of property with a value exceeding the amount of debt by more than 10%.
Storage of property inventory
The inventory becomes an annex to the rental agreement, that is, an addition to the main document, or is drawn up as an additional clause in the agreement. Both options are appropriate, choose either one.
In addition to the property inventory form when renting an apartment, the rental document contains two acts of delivery and acceptance of residential premises. The first act is filled out by both parties when renting out housing, the second - when returning the apartment to the landlord.
The act of acceptance and transfer of housing is not included in the list of mandatory conditions of the housing rental agreement, but determines the moment of transfer of housing to the tenant and records the condition of the housing and things transferred by the landlord for temporary use and possession.
Inventory of property during a divorce - who draws it up and why?
Inventory of property during a divorce - who draws it up and why?
According to Article 34 of the RF IC, property acquired by spouses during marriage is their joint property. By virtue of Article 35 of the RF IC, they must dispose of their joint property by mutual consent, however, if one of the spouses independently disposes of such property, then the consent of the other to the transaction is assumed. It is possible to challenge such a transaction if the second spouse was against its completion only if it is proven in court that the acquirer of the property knew about the spouse’s objections to the transaction.
At the same time, paragraph 3 of Article 35 of the RF IC obliges the spouse alienating the property to obtain the notarized consent of the second spouse in transactions, for example, with real estate; transactions with furniture, household appliances and other household items are valid even without consent.
A controversial situation may arise during a divorce or conflict relations between spouses, when one of them independently decides to transport property to another place, transfer it to his relatives, etc.
To avoid such situations, paragraph 2 of Article 38 of the RF IC allows for the conclusion of an agreement, which must be confirmed by a notary. In it, the spouses have the right to determine which specific things belong to each of them (more details about the division of property can be found in our special article). As an annex to the agreement, an inventory of property is drawn up, the purpose of which is to record the number of items, their functional purpose and significant characteristics.
Who makes an inventory of property during a divorce and how?
An inventory of property is compiled by spouses who wish to divide jointly acquired property. An important requirement in this case is the signing of the document by both spouses in order to prevent possible disputes and give it legal force. If the inventory is an appendix to an agreement on the division of property, it must be confirmed by a notary in order to eliminate possible legal disputes in the future.
At the same time, in practice, there are cases when an inventory is compiled only for the purpose of recording the quantity and characteristics of the joint property that spouses have, without concluding a division agreement. Accordingly, in this situation, the inventory is not equivalent to a notarized agreement on the division of property and can be prepared and signed by both spouses, or by one of them, if the second avoids signing it.
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In this case, practitioners strongly recommend confirming the fact of drawing up and signing the inventory with the signatures of uninterested persons (for example, neighbors), which will make it possible to obtain the support of witnesses in the future if a dispute arises. In addition, despite the absence of an obligation to notarize the type of inventory in question, you can use the services of a notary. This will eliminate the possibility of double interpretation of the provisions of the document and disputes regarding its content.
Content
What is included in the description of housing for subsequent rental?
The list must include those items whose damage or loss would result in significant material damage.
Typically these include:
- furniture,
- Appliances,
- interior items,
- plumbing,
- lighting,
- metering devices,
- dishes.
The owner has the right to include items in the list at his own discretion!
Separately, it is possible to indicate the rules for using the transferred items - what is allowed/prohibited to do with it, requirements for use.
A general description of the condition of the housing is contained in the transfer and acceptance certificate; it should not be reflected in the inventory. The document must also contain information about the parties to the transaction - full name and passport details.
What to include in the inventory
Of course, it’s not worth rewriting all the nails and forks in the document. However, only the homeowner can decide this. So, when a property inventory form is drawn up for renting out an apartment, the sample may include everything from a light bulb to a door handle and tea cups in the kitchen.
It is quite problematic to compile such a detailed list, so lawyers recommend focusing on the following categories of property:
- Plumbing.
- Furniture.
- Appliances.
- Dishes.
- Elements of interior and decor.
- Type of finishing.
- Electrical devices.
- Counters and metering devices.
Let us repeat that it is not enough to present property objects by simple listing. It is necessary to describe the item, its appearance, technical, physical condition, suitability. It is not necessary to indicate the cost, but it is acceptable.
IMPORTANT! The owner has the right to establish a ban on the use of certain objects (equipment, electronics, etc.). For example, prohibit the use of expensive dishes or a computer.
Collection of payment according to the inventory for damage to property
The lessor has the right to terminate the lease agreement and (or) demand compensation for losses if the tenant did not operate the leased property in accordance with its purpose.
The procedure in this case is as follows:
- the tenant informs the tenants about the existing damage;
- the lessor draws up a free-form damage report, which describes the damage, the causes and circumstances under which they occurred;
- the employer compensates for losses, the amount of which is specified in the act.
A little more detail on each point. It is in the interests of the tenant to report any defects that have arisen in the owner’s belongings, as this will help to quickly localize and eliminate the problem and, possibly, reduce the amount of damages to be compensated.
In addition, if we are talking about household appliances or furniture that the tenant uses every day, then it is better to report any faults immediately and resolve the issue of repairing or replacing the item together with the landlord.
Next, the owner of the living space draws up a damage report. Outside experts are involved in this process if the situation is controversial. But in any case, the landlord assesses the amount of damage independently.
Level of detail
It is recommended to describe all items in as much detail as possible:
- quantity,
- appearance,
- manufacturer, year of manufacture (if known),
- defects,
- degree of wear.
You can also indicate the estimated value of the items being transferred. Note any, even the most minor, damage - cracks, chips, scratches.
In the event of damage or loss, it is the characteristics of the condition of the movable that will serve as the basis for calculating compensable losses.
We invite you to familiarize yourself with: Sample financial statement form
What does this annex to the agreement mean and why is it needed?
In general terms, the act of transferring an apartment during a lease means a document certifying the condition of the premises, as well as the property located in it, at the time of its transfer to the tenant for temporary use.
Thus, having in hand an act of acceptance of the transfer of real estate, containing information about its condition at the time of transfer under the lease agreement, the landlord will be able to recover compensation from the tenant for damage to property in the rooms after the return of the apartment (if this happens).
In turn, the tenant will be provided with protection from unfounded claims from the apartment owner regarding damage to property, which was already in poor condition at the time of concluding the lease agreement.
It is worth noting that at the legislative level the tenant and the landlord have no obligation to draw up an act of transfer of the apartment. This need arises in the case of the sale of real estate (Article 556 of the Civil Code of the Russian Federation).
The current legislation does not approve a single form of the document. At the same time, several general rules for its preparation can be outlined:
- Prepared in printed form. Writing by hand is also acceptable, but it will take a lot of time and is not very convenient.
- It is compiled in any form, taking into account the points that must be included in its content.
- The act is double-sided and printed in 2 copies. One will remain with the tenant, and the second will be given to the landlord.
- It is drawn up in the presence of both parties to the transaction, and the list of property is compiled by the owner of the apartment.
- Introductory part (“header”) - here it is stated that the drawn up act is an annex to the agreement (the date, month and year of its conclusion are indicated).
- The title of the document is the date of its preparation and the place where it was compiled.
- Content – this section consistently presents the following information:
- Link to the main agreement.
- Address of the rented apartment.
- A note about the presence of a telephone in the room indicating the number.
- Housing and communal services meter readings at the time of handing over the keys to the premises.
- A general description of the existing shortcomings of the living space.
- List of property transferred to the tenant for use under a lease agreement. This information can be reflected directly in the act or a separate inventory can be drawn up, which should, if possible, include all furniture and household appliances with a detailed description of their condition.
- A mark indicating that the property is suitable for habitation.
- A message about the fact of transfer of keys to the tenant, the amount of the security deposit (if such a condition is provided for by the terms of the lease agreement) and the number of copies of the act.
- The final section - both parties to the transaction must sign here. This is formatted as follows:
- First, the word “HANDED OUT” is written, indicating the date the keys were handed over to the tenant. Under this word the lessor must write his full name and sign.
- Then the word “ACCEPTED” is indicated with the corresponding date. After this, the tenant also writes his full name and signs.
It should be noted that the inventory of property is compiled by the owner of the apartment. It is in his interests to include in this list as many different things as possible in the room (furniture, appliances, design items, etc.).
It should be noted that the reference to the deed of transfer is contained in clause 1 of Art. 59 of the Civil Code of the Russian Federation. Within the framework of such a document, the transfer of all rights and obligations of the reorganized legal entity to new economic entities created on its basis is formalized.
There is a main common feature between the transfer deed and the annex to the lease agreement - the transfer of rights and obligations:
- during reorganization - these are debts (to the state, banks, personnel, etc.) and property of the reorganized legal entity;
- when renting - the right to use the apartment, with all things placed in it, as well as the obligation to ensure their safety.
Thus, it is for this reason that an appendix with an inventory of property to a lease agreement is often called a deed of transfer.
Sometimes the parties additionally attach a payment schedule to the agreement on the transfer of real estate for rent. It means a document that details when and in what amount the tenant will have to pay rent for living in a rented apartment.
Today there is no single example of such a schedule. It is prepared in any form, taking into account the following features:
- Can be daily, weekly, monthly or yearly. In this case, everything depends on the period for which the lease agreement is concluded. However, in most cases, the parties prefer the third option (monthly payment of rent).
- As a rule, it is reflected in the form of a table.
- It is not an independent document, but serves only as an annex to the main agreement.
- The schedule can be adjusted if the tenant is unable to pay the agreed amount by the appointed date. However, such changes are permissible only with the consent of the owner of the premises.
- Water part - here is the number under which the schedule is attached to the main agreement (indicating its details).
- The main part - each payment that the tenant will have to make is described in detail in the form of a table. It usually has three columns with the following names:
- serial number of the payment;
the period before which payment must be credited to the lessor’s account;
- the amount to be transferred, including VAT.
- Conclusion - at the end of the chart there must be signatures (with a transcript) of both parties to the transaction.
The table also indicates the total amount of rent for the entire period of temporary use of the rental space.
We suggest you read: Written refusal of employment
Sometimes in the text of such a document, the parties also include methods for paying lease payments (for example, cash, transfer to a bank account, payment using electronic payment systems, etc.).
- The owner of an apartment who rents it out, when concluding an agreement with a tenant, must provide conditions that will allow him to control the proper residence of the tenant in the rented premises.
- Some documents that serve as appendices to an apartment lease agreement may be necessary evidence for both parties to the lease agreement in the event of a dispute over the agreement regarding non-fulfillment of some of its terms.
- We will look at what annexes to an apartment rental agreement may be in this article.
- Inventory of property
When a home is rented with any pieces of furniture or household appliances, the tenant is responsible for the safety of this property, not just the apartment as a whole. There is no need to indicate a description of each item and its condition and operability in the text of the agreement itself, this will make the document cumbersome and unreadable.
Usually, a separate inventory of the property in the apartment is drawn up. The external condition of the item and its performance are briefly described.
Such an inventory, being accepted by the tenant as an annex to the agreement, will serve as a document according to which the property will be transferred back to the owner of the apartment upon expiration of the rental period for the apartment.
Receipts
For the peace of mind of both parties to the lease agreement, and in order to prevent violations of its terms, with each monthly rent payment, it is necessary to draw up receipts for receipt of such payment by the lessor. Receipts, as attachments to the agreement, will serve as evidence of the proper fulfillment of the tenant’s obligations under the agreement.
The receipt can be a simple written one, and only contain a record of the transfer of a certain amount on a specific day, of course, the signatures of the parties are required.
Other documents
Receipts for payment of utilities and other services paid by the tenant, if the agreement provides for the obligation to pay such payments to the tenant renting the apartment, can also serve as appendices to the lease agreement, as evidence of the fulfillment of obligations by the tenant. Both the tenant and the landlord-owner must have copies of the annexes to the agreement, as well as samples of the agreement itself.
Who composes?
What is seizure of property
The procedure for inventorying the debtor's property is described in detail in Article 80 of Federal Law No. 229 “On Enforcement Proceedings”. The requirements and cases when the use of such measures is mandatory are clearly defined at the legislative level and are subject to change on the basis of employees of the Federal Bailiff Service (FSSP RF).
An inventory of valuable objects is carried out to limit the disposal by the debtor of the property belonging to him. Arrest is used for cases (Article 80 of Federal Law No. 229 “On Enforcement Proceedings” hereinafter referred to as Federal Law No. 229):
- To ensure the safety of things that must be transferred to the claimant or are subject to sale at auction to receive the amount to cover the debt.
- When a bailiff issues an act on confiscation of property, for example, to prevent the commission of an administrative offense, a criminal offense, causing damage to other persons, etc.
- When seizing property belonging to the claimant, if it is in the illegal possession of third parties or the debtor.
It is not allowed to seize and draw up an inventory of property that is pledged unless the demands are made by the pledgee. An example is the seizure of a mortgaged apartment at the request of the bank due to failure to fulfill the requirement to pay the debt under the agreement.
Number of copies
Two copies are required - one remains with the owner of the premises, the second with the tenant.
If a realtor is involved in the procedure or the document is certified by a notary, then a third copy is made.
Drawing up a list of transferred property with an accurate description of the condition of things is an important step when renting out an apartment. We recommend that you treat it very carefully to avoid unpleasant situations in the future.
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Attachments to an apartment lease agreement sample form
If you decide to rent out your home, you have probably studied all the information on how to do it correctly. Many people know that before transferring an apartment for use to another person, you need to draw up an agreement. It is advisable to draw up another document for this document - this is an inventory of property, but for some reason this particular document is drawn up extremely rarely.
This article will discuss in detail cases when it is still necessary to draw up an inventory of property, what it is in general, and other important aspects when renting out your property.
At the time of drawing up a lease agreement, it is important to draw up another important document, which will fully describe all your personal belongings, furniture, and household appliances. All this is called an inventory of property.
This annex to the lease agreement will protect both the interests of the apartment owner and the tenants.
And the tenant will be calm that no one will once again accuse him of damaging any things or, even worse, accusing him of theft.
This document will play a major role in legal proceedings if the conflict cannot be resolved amicably.
As a rule, the owner of the property is responsible for compiling such a list, because this is primarily in his interests; he should worry about his property. The tenant may also ask to provide such a document.
If the transfer of real estate to other hands is carried out through a real estate agency, then its authorized person must provide such a list in advance or directly participate in its preparation.
The homeowner has the right to indicate in the contract that he prohibits the use of any interior items or household appliances, and also prohibits taking them outside the apartment.
This is important to know: Features of self-rental housing
In the transfer document, you can approximately evaluate each piece of property (usually the valuation is carried out at market value), so that if conflicts arise, you can immediately determine the losses incurred.
The most ideal option is considered to be one where all parties to the contract are present when drawing up an inventory of the property, so each party can give a clear description of each item or thing. Here it is important to check the list for the availability of each item (actual availability) and its current condition.
We invite you to read: Is a rental agreement for specialized residential premises concluded for 5 years with orphans subject to state registration?
Often misunderstandings between parties arise due to damage to property. Now there is such a thing as natural wear and tear. Interior items and decoration always have their own service life. When such damage occurs, the tenant rarely agrees to pay for such damage.
Here, the owner of the apartment will be able to protect the contract with the acceptance certificate and inventory of the property. In addition to this, he has the right to attach photographs of all things taken before the tenant moved there. In court, the landlord, if such evidence is available, will definitely win.
Before renting out your home, it is advisable to insure it. This way, you will avoid litigation with the tenant and save time and money.
There are no strict requirements for filling out a property inventory. The document can be drawn up in any form:
- Fill in by hand.
- Print the list.
Note! The list can be compiled on an already printed form, and you can make changes to the printed document manually!
It is important for each person to inspect the apartment in detail and evaluate its general condition and the condition of the interior items and existing household appliances.
Action plan:
- Assess the current condition of armchairs, beds, tables, chairs, floor coverings.
- Check the operation of household appliances: refrigerator, washing machine, microwave oven, etc.
- It is important to inspect all sockets and switches, everything must be in good condition.
- Check the operation of the plumbing (toilet, bathtub, sink), faucets, taps should not leak; if there is any damage to it, this must be reflected in the inventory.
- Kitchen stove. Check all burners and oven.
- Kitchen utensils and other small items. Recalculate their number and general condition.
- Electric meters. Be sure to write down all the indicators in the document, check for seals on them, everything should be intact and without damage.
This decision is made only by the owner of the property. After all, the more items of his property he lists, the fewer problems will arise in possible conflict situations, since if something happens, it will be the owner who will pay for damage to an item that was not on the list.
First of all, the list should indicate the most expensive things of the apartment owner:
- Interior items (sofas, armchairs, tables).
- Household appliances (refrigerator, vacuum cleaner, etc.).
- Various types of electronics.
- Plumbing (sinks, toilets, faucets, taps).
- Meters for gas, electricity, water supply.
This list can include floor coverings, including carpets, dishes, linen, curtains, curtains, sockets, switches and any other property that is valuable to the owner.
Many landlords only want to sign an agreement with the future tenant. However, there is a basic act for leasing real estate, required at the time of providing the property for use - an inventory.
The inventory of the owner's property when renting the property for use to a third party contains the furniture and equipment located in the housing. An inventory of housing will be attached to the lease agreement when signed by both parties to the transaction.
Inventory - documentation that contains a list and characteristics of things that are transferred along with the living space.
Warning
Most property owners will not take into account the fact that, along with the living space, they will provide the furniture and appliances located in it.
Things in the apartment that are in the home are valuable to the owner of the property. To avoid damage, you need to make a list of furniture for which the tenant is responsible.
The submitted documentation for the landlord will serve as a certain condition that the resident follows the routine and treats the things located there with care. If the conditions based on the inventory are not met, the lessor is able to demand compensation from the person for the loss caused.
By writing a list of items, the tenant gains some protection. During eviction from a property, the owner is not able to make claims to the resident regarding broken electronics or furniture, when they were initially in inadequate condition at the time of concluding the transaction and signing the inventory.
When is an inventory completed?
To make an arrest, the following steps must be followed:
- Adoption of a judicial act on the recovery of funds or return of property.
- Entry into force of the resolution.
- Opening of enforcement proceedings by the bailiff.
- Sending requests to search for bank accounts or deposits, vehicles, real estate registered in the name of the debtor.
- Establishing the impossibility of repaying the debt using cash.
- Drawing up a resolution to seize property, indicating its characteristics, location or storage.
- Notification of setting the date and time of arrest. The document is sent to the debtor or issued at the Bailiff Service office in person against a signature.
- Appear at the address, the presence of two witnesses is required. For all actions, a seizure report is drawn up with an inventory of what is to be seized or restrictions on use are established. The last document contains descriptions of objects and their approximate market value in the region where they are located. A custodian is appointed - a person who is responsible for the condition of the property until it is sold at auction.
- In relation to real estate, the bailiff's decision to seize is sent to the Rosreestr branch at the location of the property within 3 days from the date of adoption of such an act. Information about the encumbrance (arrest) is entered into a unified real estate database in the Russian Federation.
- Copies of arrest orders, together with an inventory report, are sent by mail or delivered personally against receipt to the debtor, collector, banks, other authorized bodies and organizations interested in receiving property or repaying the debt. This action is carried out within 1 day from the moment such acts are adopted by an employee of the FSSP of the Russian Federation. In case of seizure of property - immediately.
The bailiff has the right to independently open the premises where the property is stored to carry out an inventory. All actions are carried out in the presence of two witnesses, who leave written evidence on the act of arrest. If the debtor is present during such actions, he can give explanations or explain the refusal to voluntarily repay the debt or transfer the property, confirming it with his signature.