At what age can you rent an apartment in Russia in 2021?

A situation may arise in everyone's life when they need to decide how to rent an apartment for a day or several days. Most often, this happens during trips or business trips to other cities, less often - if you need privacy in your own city. In the first case, a rented apartment is an alternative to a hotel room, outperforming it in many respects:

Renting an apartment is cheaper than a decent hotel room. Of course, we are not talking about economy class rooms. But most people would still prefer to overpay a little, but get a whole comfortable apartment at their disposal instead of a cramped room with a bed and a bedside table.
If you are traveling in a group, there is nothing to think about here. In the hotel, the cost of the room is taken from each person. True, companies with more than 5 people are extremely reluctant to rent out apartments.
Apartments intended for rent are equipped with everything you need, including small things that you are unlikely to find in a hotel - detergents, dishes, various appliances. Not to mention the fact that the apartment has free access to a kitchen.
When renting an apartment, you have complete control over your time and are not constrained by any rules. You can come back at any time, even at the latest, and bring guests whenever you want. Until the moment of eviction, no one will control you.
And in general, being in an apartment is much more pleasant and cozy. The hotel’s name alone emphasizes your official status as a “guest,” but the apartment will make you feel at home.

Renata Kashina, a trial lawyer in the Legal Services department of the law firm URVISTA, answers:

According to the law, the clause in the contract about the lessor’s right to terminate the rental agreement early does not automatically terminate the agreement if you refer to it. According to the law, early termination of any contract is possible only by agreement of the parties or through the court.

Thus, if you warned the tenants verbally, it is better to duplicate the notification letter with the intention of terminating the tenancy agreement on your initiative with reference to this clause of the agreement, indicate a request to vacate the apartment within 30 days, send these letters to the tenants to all known addresses: permanent registration address at the place of residence, at the place of temporary stay (if there is temporary registration) and at the place of actual residence (at the address of your apartment) by registered certified mail with an inventory of the attachment, keep the receipts and inventory of the attachment.

Instructions: how to register a rental agreement

How to terminate a lease agreement early?

For further protection in court, it is necessary to collect all evidence of your communication with tenants: calls, SMS, messages in instant messengers, email; find witnesses, neighbors who can confirm the fact of tenants living in your apartment after your notification, the fact of oral notification of termination of the contract and your request to vacate the apartment.

Next, it is advisable to contact the district police officer so that he records the fact that the tenants are living in the apartment, both at the time of notification and after the expiration of the 30-day period after notification, in order to document the violation. After which it is necessary to obtain a copy of the protocol on the administrative offense from the district police officer. Before contacting the district police officer, you must prepare and provide documents confirming ownership of the apartment (certificate or extract from the Unified State Register), a passport, an apartment rental agreement with tenants, documents on sending letters to tenants.

If, after 30 days after receiving a written notice, the tenants refuse to leave, it is necessary to apply to the court at the location of the apartment with a statement of claim for termination of the tenancy agreement, eviction of the tenants, and collection of rent (if the tenants have stopped paying rent). All of the above evidence is attached to the statement of claim: the employment contract, documents on sending notifications, documentary evidence of the violation from the district police officer, correspondence, calls, testimony of witnesses. After receiving a court decision and a writ of execution in court, it is necessary to submit a writ of execution to the bailiffs, who, in turn, must forcibly evict the tenants by drawing up an eviction act.

Regulation of rental issues by law

Rent is a fairly broad area of legal relations, for which a separate regulatory framework is provided . The main legislative acts in force in this area are described in more detail below in the text.

Civil Code of the Russian Federation and other legislative framework

The main act of legislation regulating legal relations arising when concluding a lease agreement for residential premises is the Civil Code of the Russian Federation.
Mainly, we are talking about paragraph 1 of Chapter 34, which describes the general provisions for rent, and Chapter 35, which contains the legal basis for renting residential premises.

In addition to the Civil Code of the Russian Federation, one can also mention the Federal Law of the Russian Federation dated July 13, 2015 No. 218-FZ . In Art. 51 of this legislative act describes the procedure for registering a lease or rental agreement for residential premises.

Reference . It is worth immediately determining that if the parties are legal entities, then in this case a lease agreement is concluded. If we are talking about renting residential premises by an individual, then it is more correct to use the wording - rental agreement.

Anton Zadorkin (Ekaterinburg), lawyer of the Ural Bar Association of the Sverdlovsk Region, answers:

If the tenant refuses to leave the leased premises, the following steps must be taken.

Send the tenant a notice of termination of the lease agreement by registered mail. If the tenant refuses to voluntarily leave the premises, you can file a complaint with the police so that law enforcement officers can investigate this fact (of course, only the court has the right to evict the ill-fated tenant, but there are often cases when police officers can influence such a tenant, especially Moreover, this check is carried out as soon as possible). If the police officers cannot help, then the decision to refuse to initiate a criminal case will be additional evidence that the tenant is illegally occupying the rented premises.
If after the above measures the tenant remains unconvinced, then it is necessary to apply to the court at the tenant’s place of residence with a demand for his eviction. This statement of claim must be accompanied by a copy of the lease agreement, a copy of the notice of termination of the lease agreement + evidence of sending a registered letter to the tenant, as well as a copy of the resolution refusing to initiate criminal proceedings (if any). In addition, you can invite a couple of witnesses to the court hearing itself who can confirm that the tenant still lives in the apartment. When filing a claim, you must pay a state fee of 300 rubles. After filing a statement of claim, a court hearing, based on my practice, is scheduled in about a month. In these categories of cases, the court usually goes through one hearing and then makes a decision. If you disagree with the decision, you can appeal it to the appellate court.

What to do if tenants don't pay rent?

The tenant does not pay for rent and utilities - what to do?

Renting an apartment with a child is a long adventure

Renting an apartment with a child is an adventure. But you can count on a good ending.

Yes, owners are afraid of a lot. They are afraid to spend too much, face problems when moving out, or get a “killed” apartment. This is fine. We are all afraid of something.

If you're a renter, use landlords' fears to your advantage.

. In negotiations, close problem areas yourself. Offer an extended deposit, the creation of a compensation fund, show photographs from the previous apartment. Prove that you are standard tenants.

If you are an owner, then do not be afraid of families with children

The director of the secondary real estate office of Est-a-Tet, Yulia Dymova, answers:

This problem can only be resolved in court, since the family does not fulfill the obligations of the contract. There are contractual obligations whereby the contract can be terminated upon proper 30 days' notice. If the other party does not comply with them, it is necessary to send a corresponding claim, indicating that all legal costs will be borne by the losing party. The presence of a child in this case is not an aggravating circumstance when terminating the contract.

How to rent out an apartment profitably?

How to profitably rent out an apartment in a new building?

When to let your child live independently?

If we abstract from the law and consider the possibility of children living separately from their parents, a completely reasonable question arises - “When should a child be allowed to live independently?” It is impossible to answer it unequivocally, since everyone has their own norm in this aspect of life.

Some people believe that children should move away from their parents or guardians after reaching adulthood and live independently; others, who are the majority, see nothing wrong with all generations of the family living together for an unlimited amount of time.

Perhaps it is best to let children go free in situations where they:

Completely matured in all aspects of their lives and became independent.
They do not have significant domestic or financial problems.
They themselves express a desire to move to a separate living space.

Under these circumstances, neither the children who find themselves in a completely new environment nor their parents will worry and will receive satisfaction from the decision made.

In any case, each family is an individual unit, so it is not easy to say anything specific about the optimal time to leave the parental home.

At a minimum, it is advisable not to kick anyone out anywhere, but holding children against their will is also wrong. In all aspects of life, especially family, the main thing is mutual support and trust. You shouldn't forget about this.

Renting housing to minors from the point of view of its owners

So, at what age can Russians rent an apartment and how to do it legally, we figured it out. Now let us turn our attention to the provision of housing to minor citizens and the legal consequences of such actions directly for its owners.

Denis Volnov, lawyer and managing partner of Sdelky.ru, answers:

According to paragraph 1 of Art. 35 of the Housing Code of the Russian Federation, eviction of citizens from residential premises who refuse to voluntarily vacate the premises is possible only on the basis of a court decision. For claims in this category, exclusive jurisdiction is provided at the location of the real estate. After receiving a positive court decision, the plaintiff must receive a writ of execution. The writ of execution is submitted to the bailiff service, which initiates enforcement proceedings. As part of enforcement proceedings, bailiffs are obliged to evict citizens from residential premises.

The complexity of cases in this category lies in the fact that the decision and writ of execution must indicate specific citizens who are subject to eviction. Formally, bailiffs are not obliged to evict citizens not specified in the judicial act. At the same time, there are situations when determining the number of living citizens, as well as identifying them, is quite problematic. There is also no guarantee that by the time the judicial act is executed, new citizens who did not live there at the time of filing the claim will not appear in the apartment.

What do you need to know when renting a residential property?

When renting out your home, you should consider the following points::

age of the tenant;
the period for which the apartment is rented.

Can minors move into a rented space, at what age can they be allowed?

The answer to the question at what age is it legal to rent housing, and whether this can be done for children aged 14, 16, 17, is considered from two angles, namely:

From a legal point of view – civil legislation provides for three ages at which certain transactions can be made, namely:
14-18 years old - in this case, a minor has the right to enter into a rental agreement, but only with the written consent of one of the parents or guardians (Article 26 of the Civil Code of the Russian Federation).
From 18 years - upon reaching this age, full legal capacity begins. In this case, the person can freely enter into rental legal relations.

By law, you can rent an apartment from the age of 14. In this case, there must be consent to this from the minor’s official representatives.

Without taking into account the provisions of the law , in this case the age is not limited in any way. However, such cases are rather the exception to the rule. There is hardly a landlord who would want to transfer his home to a child.

Does age affect the withdrawal period?

Undoubtedly, the age of the tenant has an impact on the period of validity of the lease agreement.

The fact is that when concluding such an agreement for a period exceeding one year, this document must be registered with Rosreestr. Thus, if the child is not yet 14 years old, the rental agreement will not go through the registration procedure . This means that it will be considered invalid.

Based on the above, we can conclude that theoretically, a lease agreement with a person who has not yet turned 14 years old can be concluded for a period not exceeding 1 year. However, even in this case, such a document will not have legal force, since the agreement was concluded with an incapacitated party.

What period is considered long?

The Civil Code of the Russian Federation does not indicate from what period a lease agreement is considered long-term .
It only talks about the need to carry out the registration procedure if the rental period is more than 365 days. At the same time, if we proceed from the need to register this document with Rosreestr, then we can assume that such an agreement will be considered long-term if its validity period exceeds 1 year.

Private practicing lawyer Victoria Suvorova (Pyatigorsk) answers:

If you have specified a procedure for terminating the contract 30 days in advance, then if you warned them in writing and the people did not move out on the appointed day, you can go to court to protect your rights. But this process is long, since eviction claims take about two months to be considered. There is a faster option: call the local police officer for help. I must also warn you that, according to the law, when terminating a rental agreement, you are required to notify about its termination two months in advance (unless your agreement states otherwise).

In both cases, it is mandatory to have a written notice of termination of the rental agreement on your part. Tenants must either sign on it, or you, in the presence of two witnesses, must put a mark that the tenant refuses to sign.

If it does go to court, you can demand from them lost profits (since the termination of the contract is connected precisely with the sale of the apartment), payment for the apartment (for the time that they still lived there), moral damages and legal costs. In general, in such cases, I advise you to contact a lawyer for civil/housing disputes so that he can talk with the tenants of the apartment and explain to them the prospects of the case.

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

At what age can you rent an apartment?

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

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

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

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

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

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

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

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

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

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

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

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

Methods of renting housing

There are two main ways to find rental housing:

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

Both options are described in detail below.

Through an agency or realtor

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

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

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

Personally

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

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

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

How to choose the right apartment?

You have finally decided on renting, and all that remains is to figure out how to rent an apartment for a day. In order not to be deceived, it is necessary to take into account several points that allow you to distinguish a quality offer from the tricks of scammers:

You need to start looking for an apartment a few days before your trip. There is no need to leave everything until the last minute. And of course, you don’t need to agree to the first offer you come across from a person with a sign at the station - it won’t end well.
The most convenient way to use the Internet is to look at the advertisements on the website of the city you are interested in. Keep in mind that some advertisements will be disguised as private ones - in fact, you will have to additionally pay for the services of a realtor. Check all the information in advance and thoroughly.
Choose several options that are attractive to you and call the owners. Ask about everything, down to the smallest detail: is there hot water, a TV, how many beds are there in the apartment, and any other details that interest you.
Check the price: is it really the same as indicated on the website, or will you have to pay extra. If yes, then why? Demands for additional amounts with vague explanations are a clear indication of fraud.
Do not call about advertisements whose authors have not posted photographs of the apartment.
Choose an apartment within an accessible distance from the center.
After arriving and meeting with the owner of the apartment, carefully read the rental agreement. If possible, look at the owner's documents to make sure he is renting out his apartment. Before the owner leaves, check the serviceability of all devices and equipment and clarify everything that interests you. For example, ask if the landlord can visit the apartment during the lease term, and if so, when he plans to do so.