Step-by-step instructions: how to rent apartments for daily rent correctly and profitably

Larisa Naumenko, director of the Moscow office of the Legal Service Center, answers:

The law allows rented housing to be rented out to other persons (Article 685 of the Civil Code of the Russian Federation), including on a daily basis.
In order for these actions to be legal, it is necessary to conclude a rental agreement with the owner and obtain his consent to sublease. The condition on the owner’s consent to the subsequent re-letting of the apartment must be contained in the contract. Subject to compliance with these rules, the tenant receives the right to sublease the rented housing for a fee. In this case, the parties (tenant and subtenant) enter into a sublease agreement and stipulate in it all the essential conditions, including the term of the sublease. The document is drawn up in simple written form. It is important to remember that responsibility to the owner of a sublet apartment lies with the main tenant, and not with the persons living in the apartment for daily rent. Moreover, if the owner of the apartment did not consent to the sublease, he has the right to terminate the contract with the tenant before the period established by the agreement. In addition, he has the right to compensation for damages caused.

How to sublet apartments: safety and risks

What to do if a neighbor is using the property for other purposes?

Requirements for the contract

How to draw up a short-term rental agreement? Let's consider the rules for drawing up a document for renting out housing.

Correct composition

The agreement is drawn up in two copies (for the apartment owner and the tenant) in writing. Can be written either by hand or in printed format. What should be included in the agreement:

1. Subject of the agreement (you must indicate the area of ​​the apartment and its address).
2. Details of the owner and tenant (full name, passport details).
3. Date of conclusion of the contract.
4. Rental period.
5. The amount of payment, the procedure for transferring money to the owner of the apartment.
6. Responsibility for paying for housing and communal services (who will pay - the owner or the tenant).
7. Responsibilities and rights of the parties to the agreement.
8. Conditions for termination and extension of the contract.
9. Signatures of the parties.

The more detailed the conditions of residence and the provision of an apartment for rent are described, the lower the risk of conflicts and disputes between the parties to the transaction.

We wrote about what other documents may be needed to rent out an apartment and how to prepare them here.

What to consider when concluding

When concluding a short-term rental agreement, you should also take into account some important details:

• Procedure for evicting a tenant from an apartment. If housing is rented daily, then the contract should specify on what day and at what time the tenant undertakes to give the keys to the owner.
• Inspection of the apartment by the owner. The owner has the right to inspect the property if he rents it out for several months. The frequency of visits should be discussed in the document.
• Procedure for returning the deposit. If the owner takes a deposit, then its amount, as well as the procedure and conditions for return, must be specified in the contract.

Peculiarities

The terms of a short-term contract are slightly different from the terms of a long-term agreement. The features of a short-term contract are described in Article 683, clause 2 of the Civil Code of the Russian Federation:

1. the employer does not have a pre-emptive right to extend the contract;
2. housing cannot be subleased;
3. the rule on possible replacement of housing does not apply if a contract is concluded for a short period;
4. it is not necessary to indicate in the contract the details of the persons who will live with the tenant;
5. In the event of the death of the tenant, the right to reside in the apartment of citizens who previously lived with him is lost.

At the same time, the law does not prohibit establishing your own lease terms that do not infringe on the rights of both parties to the transaction.

Is registration required?

If a person transfers housing for temporary use to another person, then for the period specified in the contract, the apartment is encumbered. The restriction of property rights is registered in Rosreestr. In accordance with Art. 674 of the Civil Code of the Russian Federation, a rental agreement is subject to registration only if it was concluded for a long term. A short-term contract (less than 1 year) does not need to be registered.

Is it possible to do without a document?

The document concluded between the landlord and the tenant has legal force and protects both parties from possible problems and conflicts. The contract is a guarantee of security of the transaction for both the property owner and the tenant.

Renting an apartment without a document is extremely undesirable, since in this case the rights and obligations of the parties to the transaction are not regulated by anything, which means that each of them can violate the terms of the agreement.

You can find out more about the rights of tenants without an agreement and what the landlord risks by renting out housing without drawing up an agreement here.

Anatoly Pysin, General Director of the TsDN agency, answers:

Your relationship with the owner can be regulated by two documents: a residential lease agreement, which must indicate that the tenant has the right to sublease this apartment, or a property management agreement, which also states these powers.

If we are talking about tenant clients, then we can proceed like this: there are aggregator sites that allow you to book an apartment for a certain short period. You can create an account there and act within the rules of operation on the site. They protect the interests of both the guest and the host.

We, when providing apartments for daily rent, entered into a short-term rental agreement with the guest. There, in particular, the dates of check-in and check-out, responsibility for possible damage to property and, in some cases, for smoking were agreed upon. I advise you to find a sample short-term rental agreement for residential premises and supplement it with details that take into account the specifics of the apartment you are going to rent out. Or, what is more reliable, contact a lawyer to draw up such an agreement.

Step-by-step instruction

How to rent out an apartment daily correctly, where to start? Who to rent housing to and how to find tenants? Apartment owners often face these and other questions. Let us consider in detail all the nuances of renting out housing for a short period.

The target audience

Who is looking for short-term apartments:

• part-time students coming to the city for a session;
• tourists;
• business trips;
• persons who have nowhere to celebrate an event, and other categories of people.

You must clearly know who your potential tenants are. This will help you create a competent advertising proposal and quickly find tenants.

How to find tenants?

When searching for tenants, you need to consider all available methods:

1. placing advertisements on websites (avito, domofond, etc.);
2. posting advertisements around the city, in places where the largest number of your potential residents are concentrated (train stations, educational institutions, etc.);
3. posting an offer on social networks;
4. search among friends and relatives.

The more resources you use, the higher your chances of quickly finding a tenant.

To avoid spending a lot of time searching for clients later, highlight 1-2 methods that bring you more calls from clients and focus on them.

What should be in the room?

The apartment must be landscaped and equipped with everything necessary for living. What exactly should be:

• sleeping area;
• basic set of household appliances (refrigerator, washing machine, gas stove, kettle, microwave, iron);
• dishes;
• Internet;
• furniture (wardrobe, table, chairs).

If the apartment is rented daily, then you need to ensure the availability of essentials: towels, bed linen, toilet paper, etc.

Setting the cost

Factors determining the cost of rent are:

1. location of the apartment (in the city center housing is more expensive);
2. improvement of housing (an apartment with a good repair and a full set of necessary equipment and furniture will cost more);
3. rental period (the longer it is, the lower the cost per day).

To determine the cost of rent, check out similar offers from other owners. This will allow you to determine the average prices in the city and, based on them, set your own price.

What documents should I submit?

On the day of check-in, the owner must enter into an agreement with the tenant. The document must contain information:

• about the duration of stay;
• rights and obligations of the parties;
• rental amount;
• terms of the deal.

The apartment rental agreement is drawn up in two copies. If necessary, you can draw up an inventory of property, in which you indicate all valuable things (furniture and household appliances) with their characteristics and condition. In the event of damage to property, the tenant will be required to compensate for the damage based on this inventory.

Risks

A common problem that owners face is damage or theft of property. You need to understand that temporary residents do not always treat other people's things with care. Therefore, the contract must necessarily indicate liability for damage and the tenant’s obligation to take care of the property.

Another risk is non-payment of rent. You should not follow the lead of such tenants who ask to move them in immediately and wait a while before paying. Money must be taken immediately, on the day of check-in. The contract should indicate the exact date of transfer of funds for the next period (week, month) of stay.

Think about insurance

Renting out housing is associated with the risk of property damage and theft. Tenants who move in for a short period of time, as a rule, are extremely careless about temporary housing.

How to protect yourself from the risks of property loss:

1. Insure the apartment and the property located in it. By contacting the insurance company, you can independently choose the cases against which your home will be insured: flood, fire, theft, etc.).
2. Take a security deposit from the tenant. Typically, the deposit amount is equal to the monthly rent (if you rent the property monthly) or daily rent (if you rent it for 1-2 days). If, after the expiration of the contract, all property remains safe and sound, then the deposit is given back to the tenant.

Nuances

On the one hand, short-term rental housing is beneficial to the owner. With a constant flow of clients, he will be able to receive income 2-3 times more than if he rented out housing for a long time. On the other hand, this method of renting out housing is associated with many difficulties and risks. And to receive a regular income, you will need to put in a lot of effort.

It should also be taken into account that short-term rental assumes rapid natural wear and tear of things in the apartment and repairs. The costs of restoring the property are borne entirely by the owner.

These are the rules for renting an apartment for a day.

Lawyer Vitaly Stolyarov answers:

For such operations, you must conclude an apartment rental agreement with the right to sublet it. However, please note that daily rental of an apartment is very similar to the hotel business or hostel, and since October 1, 2019, amendments to the Housing Code have introduced a ban on the placement of hotels and hostels in residential buildings. Thus, it is not possible to use the apartment according to such a business plan in a legal way.

How to rent out an apartment profitably?

Why is trust management of real estate dangerous?

How to calculate the benefits of renting an apartment daily

It is necessary to set the price taking into account the following factors:

1. City. To begin with, it is important to familiarize yourself with the prices for renting housing by looking at all the advertisements. In Chelyabinsk or resort towns, the cost for daily rent of an apartment averages 1,500-3,000 rubles.
2. Infrastructure and transport interchange. If the apartment is located close to the metro, bus stop, preschool and educational institutions, supermarket, pharmacy, clinic and other infrastructure, then the rental price is higher.
3. Housing characteristics. The total area, European-quality renovation, modern furniture and household appliances, as well as other amenities - increases the price. Naturally, the larger the living space, the higher the price. If you rent a studio apartment, a Khrushchev apartment, a Stalin apartment, or a room in a communal apartment, the cost is lower.
4. Days of the week. On weekends and holidays the cost is usually higher.
5. Conditions for renting an apartment (differences from competitors). Some owners create special conditions to attract customers, for example, allowing check-in with pets and small children, providing the opportunity to pay for housing in installments (half the cost on the day of check-in, and the rest before check-out). Special conditions create additional risks for the owner, and this is worth paying attention to.

An apartment with all amenities near the center of Chelyabinsk can be rented out for an average of 2500-3000 rubles per day, and if it is located on the outskirts, then for 1500-1800 rubles. Having decided to rent out your apartments for daily living, it is worth calculating the profit based on the number of “occupied” days per month - on average this is 15 days. The average cost must be multiplied by 15 days (including weekends and holidays with increased pay).

Lawyer and real estate expert Svetlana Kirillova answers:

When leasing (renting) residential premises, the tenant has the right to sublet it only with the consent of the owner. Any agreement on the transfer of rights to real estate is concluded in writing.

On October 1, changes to housing legislation (the so-called Khovanskaya Law) came into force, which prohibit the daily rental of apartments. Such activities may be recognized as a hotel business. Both the person subletting and the owner of the apartment are responsible for violating the law in this area.

If you enter into a daily sublease agreement, be sure to indicate that you do not provide hotel services and do not provide any additional services to residents.

Time will tell how judicial practice will develop on this issue. There is still a risk that such activities will be recognized as the provision of hotel services.

Documents and licenses

By renting out 1-3 apartments, you can register as an individual entrepreneur and work under a simplified taxation system. No special permits or licenses are needed.

When creating an extensive network, you will have to register a legal entity. In this case, you need to hire a qualified lawyer to prepare all the documents; his services will pay off with interest.

Polina Morozova, a lawyer at the legal service “Unified Center for Protection” (edin.center), answers:

For such a case, the Civil Code of the Russian Federation contains Article 685, which describes a residential sublease agreement. It is applicable in cases where one person (tenant), with the consent of the landlord, transfers all or part of the rented premises for use to another person.

It is worth knowing that the tenant is responsible for the premises to the landlord, that is, the person who was actually the first to receive the premises and decided to sublease it. Also, such an agreement cannot be concluded for a period longer than the original lease agreement, and if the latter is terminated early, then the sublease, which is not subject to the rule on the preemptive right to conclude an agreement for a new term, will automatically terminate.

Is it possible to rent out a non-privatized apartment?

How much can you earn from renting real estate?

Which option is still preferable?

The main difference between an agency agreement and a trust management agreement is that the first option implies an intermediary scheme of work, and the second is classified as a service agreement.

When choosing a scheme for working with property, you must, first of all, start from your own desires and means . If the owner of an apartment wants to have a stable passive income and the opportunity not to be tied to a specific place, while investing minimal time, then working through an agency will be a justified decision.

But if there is enough time and knowledge, and besides, there is no need to move from one location to another, then independent activity will bring good results.

Who rents apartments daily?

First of all, it is important who you will be dealing with. Apartments can be rented daily by:

1. Direct owner.
2. Management Company.
3. Real estate agency.

As a rule, if you rent an apartment from managers or realtors, you can count on additional services, for example, daily cleaning, linen change, etc., that is, the service can be approximately the same as in a hotel room. In the case of renting from a private person, this is unlikely.

In addition, when contacting a real estate agency or management company, there is less risk of running into scammers (if the realtors and management companies are well-known, with a long-term reputation and a good name).

There is also the other side of the issue: owners can directly rent out apartments for daily rent cheaper than intermediaries, so here, as elsewhere, you will have to face the choice of what is more important to you: price or quality.

Do I need to pay taxes?

The business of renting out apartments in Russia is currently considered shady, since the vast majority of owners, although they use rental agreements, do not take on the tax burden. If you refuse to pay taxes to the state treasury, you should remember the system of fines.

Possible fines

1. For deliberate non-payment of fees, you will have to part with 20-40% of the amount of unpaid taxes (Article 122 of the Tax Code of the Russian Federation).
2. Failure to submit a declaration will cost 5% of the amount of the mandatory contribution for each overdue month, but not more than 30% (Article 119 of the Tax Code of the Russian Federation).

1. Failure to pay taxes on a large scale (for individuals - 600,000 rubles for three years, and for legal entities - 2,000,000) is subject to criminal liability (Articles 199 and 198 of the Criminal Code of the Russian Federation), it involves the following types of punishments: arrest, forced labor, large fines and imprisonment.

If you rent out an apartment officially - pros and cons

An undeniable disadvantage of coming out of the shadows is the need to pay taxes to the state. Not everyone wants to take a tidy sum out of their pocket. However, self-employment or individual entrepreneurs have many more advantages, for example:

• you don’t have to worry if the tax office suspects something and wants to gain access to bank accounts;
• if you were unable to achieve mutual understanding with your neighbors, you are not afraid of complaints about tenants and illegal business activities;
• the landlord will feel confident if a conflict arises with the tenants with the participation of the local police officer or judicial authorities.

Recommended article: How a mortgage is divided during a divorce - important points

Risks and cons

Renting an apartment has the following risks:

1. Damage to property and personal belongings .
   If the apartment is equipped with furniture and household appliances, you should prepare for the fact that the items may be broken or damaged. Children and pets damage wallpaper, upholstered furniture and floor coverings.
2. Damage caused by the fault of the tenant . He may not turn off the tap when he goes to the store or leave the heater on. In this situation, damage is caused not only to the owner, but also to the neighbors.
3. Complaints from neighbors . Noisy parties, “suspicious” individuals and other situations that will make your neighbors unhappy.
4. Tenant deception . Some may break a kettle, TV or stove. Having told you in a hurry over the phone that you need to leave urgently, they leave the keys with the neighbors - the repairs are carried out out of your pocket.

How to properly prepare a room: tips

Equipment

For an apartment that is rented for a day, standard, but working and modern items are sufficient :

• bed;
• sofa;
• closet;
• table;
• chairs.

Install in the kitchen:

• headset;
• stove;
• pan;
• frying pan;
• kettle.

For an inexpensive apartment this is enough; a washing machine and microwave oven can be a bonus.

Who meets you, sees you off, does the cleaning?

The owner of the apartment is responsible for checking in and checking out guests . In some cases, he can hire an assistant for a small sum, who will monitor the condition of the apartment, its cleanliness and the serviceability of appliances. Some owners take a different position - residents are responsible for cleanliness.

Hassle-free access: is it worth installing a lock with an electronic code?

An electronic lock allows you to control guest access to the premises, as well as control who entered the apartment and when.
This is a good option for remote settlement of visitors. How the system works :

1. The landlord discusses the terms and conditions of accommodation with the guest over the phone.
2. In the personal account, the tenant enters the guest’s details and payment information. The client receives a link via SMS to log into their personal account.
3. Through the link, the client sends a scan of the passport to the landlord.
4. From the moment of activation, the client can open the door using a smartphone until the end of the rental period.

Criteria for renting an apartment

If you own an apartment, then you need to present the existing location of the property as advantageously as possible. When purchasing housing with a mortgage or subletting, the area can be selected specifically. The city center is traditionally valued higher and has greater demand. In residential areas, the price tag is lower, but convenient transport routes and developed infrastructure will allow the ad to be more in demand.

There are several criteria by which tenants evaluate an apartment:

• condition of the area - a renovated apartment is valued higher, so you need to invest in cosmetic or major repairs;
• infrastructure - there should be shops, shopping centers, a gym nearby;
• transport - it should be easy for tourists to get to various parts of the city, and for business travelers to the center;
• floor and view from the window - the more beautiful the landscape outside the window, the more expensive the apartment can be valued.