What is a deposit or deposit account in a bank?

When renting an apartment, in practice it is customary to pay a certain amount of money as a guarantee for the fulfillment of the contract and the safety of the property in the apartment. However, not everyone is able to return this amount after terminating the rental agreement.

Some seemingly quiet and calm owners refuse to return the amount, citing a “crack in the wall” and other shortcomings of the apartment that supposedly arose after the tenants moved into the apartment (and in fact could have existed even before the conclusion of the contract). Legally literate owners begin to look for violation of the contract on the part of the tenants. There are landlords who do not justify their refusal to return the security deposit in any way or justify it with delusional excuses. Most likely, the owner of the apartment simply appropriated this money a long time ago and does not want to part with it.

What is a security deposit when renting an apartment?

The concept of “security deposit” is in no way regulated by various regulations. It can be assumed that it follows from business customs that are accepted in a particular field of activity.

It represents a certain amount, a kind of security deposit, which the landlord asks from the tenant when concluding the contract.

This amount may be required in case of:

1. Causing any significant damage to the rental premises.
2. Damage to furniture.
3. Destruction of household appliances.

Most often, the amount of such a payment is equal to one monthly payment for an apartment.

Is the amount refunded?

Today, about 90% of property on the Russian market is bailed. The landlord determines its size independently. The tenant is required to pay the deposit in full before moving into the apartment and using it.

What it is

The security deposit is a kind of guarantee of the safety of the apartment and the property located in it.

Often the previously paid amount of money is used as payment for the last month of residence. This happens if the accepted tenants are completely satisfied with the owners. Then they can count the deposited funds as payment for the last month of stay.

What is it needed for

Most owners who require a deposit explain their decision as additional insurance in case the tenants unexpectedly move out. Thus, tenants of an apartment a month before the sudden termination of the agreement are required to notify the owner in advance about this.

In other words, the security deposit is insurance for the purity of the contractual relationship only if the moment of its payment is specified in the lease agreement and is highlighted as a separate clause.

Russian legislation explains the deposit as a refundable sum of money, which is paid back upon termination of the contractual relationship.

It is recommended that the deposit money be given only under the signature of both parties to the agreement. The document must contain wording about the technical condition of the repair of the apartment, furniture, with an approximate percentage of wear.

Information that there are no debts. The parties have no claims against each other, and the contract itself is terminated. A record of the amount of the returned deposit, etc. is also required.

How to return

In life, situations often occur when the owners refuse to return the deposit, even when the tenant fully complied with the terms of the contract and kept the property in excellent condition.

Moreover, the tenant can be completely confident that he is right, since throughout the duration of the lease agreement he has complied with all the requirements for the safety of property.

To get the money back, the tenant must first file a claim in writing with the initials of the property owner.

Often problems are justified by a difference of opinion between the owner and the tenant of the property at the end of the contract. Here you need to pay attention to the natural wear and tear of the property and depreciation.

If the owner explains his reluctance to return the deposit by saying that the property was damaged, but the reasons indicate the natural nature of wear and tear, then the tenant has the right to go to court with a claim. The main thing is that it deals with the unjust enrichment of the owner.

A sample agreement to terminate a land lease agreement can be found in this article.

The reason is a slightly scratched surface of the furniture, even if the coating itself was of poor quality, as well as dirty curtains. It is advisable for the tenant to keep the apartment in perfect condition so that the owners cannot find fault with anything.

The inventory of property is compiled by the parties to the agreement jointly. If during operation the tenant wishes to carry out repair work or rearrange furniture, this fact must also be recorded in writing with the signature of both parties.

These include the following terms and conditions:

• requirements and obligations for the implementation of payment for rental property;
• conditions and requirements relating to compensation as a result of damage caused to the rented apartment for one reason or another;
• unilateral decision on early termination of the agreement;
• terms of a contract of another type.

In any case, drafting this document requires some legal knowledge.

It is difficult for an ignorant person to draw up a valuable contract that will maximally meet all the requirements, and it is impossible to challenge it in court. Therefore, it is good if the parties can use the services of professional lawyers.

Meanwhile, Russian legislation does not provide a clear structure of requirements and conditions regarding the return of the security deposit.

Then you need to focus on several points:

• payment of rent inconsistent with the time described;
• damage caused to interior items located on the property;
• conditions of no payment for rent, utility bills and telephone calls;
• requirements for termination of contractual relations without warning, and before the expiration of its validity.

Participants must be confident that the security deposit agreement contains all reasons why the security deposit may not be paid and that the interests of all participants are fully respected.

It is good if the tenant checks all requirements for the return of the deposit on his own in advance. For example, if the owner of the property insists on determining liability for early termination of the contractual relationship, the tenant may demand similar conditions from the owner.

If, in addition to the signatures of the participants, the agreement also contains the signature of the realtor, then he is the guarantor of the use of the contribution for its intended purpose. By indicating his signature, the mediator assumes the obligations of an arbitrator.

If the money is transferred using the second method, then the payment receipt is an additional confirmation of payment. Of course, if this is stated in the purpose of the bank payment.

Agreement receipts never replace each other. The subject of the receipt is an amount of money indicated in words and numbers.

The text part also necessarily lists all the conditions and obligations of the parties, including ensuring the safety of the owner’s housing, as well as a warning about early termination of the contractual relationship a specific number of days before the date of termination, etc.

A condition is also mandatory that specifies the tenant’s ability to receive collateral finance from the owner of the property in full if all the requirements and conditions of the contract are met.

The issue of issuing a security payment must be resolved competently. Therefore, upon receipt of funds corresponding to the amount of the security deposit according to the agreement, the apartment owner must write a receipt stating that the money was transferred.

The receipt contains the following information:

• homeowner passport information;
• the amount of the accepted collateral;
• date of agreement confirmation.

The law allows the payment deposit amount to be divided over several months. In other words, the deposit is paid in installments.

It is not recommended to ignore this rule, since then the tenant will not be able to prove anything even in court.

Homeowners try to protect their homes as much as possible from unscrupulous tenants. Sometimes losses caused by tenants significantly exceed rental income.

There is no guarantee that a contract signed for a year will not be terminated prematurely, and this will undoubtedly affect the landlord’s wallet. Here, it is the deposit that allows owners to insure themselves against such problems and influence unscrupulous tenants.

You can see a sample lease agreement for a house and land here.

A land lease agreement between individuals is discussed on this page.

Size

The deposit amount is established by agreement of the parties. As a rule, it is identical to the monthly rental payment. If an apartment is rented for 20 thousand rubles, then a security deposit will be charged in the same amount. An exception may be luxury housing with expensive renovations and a lot of equipment. In this case, the deposit amount may be two monthly payments.

The parties can also agree on payment terms. If it is impossible to transfer the entire amount to the owner at once, the deposit can be divided into two or three parts.

To avoid problems in the future, all moments of the transfer of money by the tenant to the apartment owner must be recorded on paper. This also applies to depositing money towards the security deposit.

The receipt includes the following information:

• passport details of the home owner,
• the amount of payment and its purpose - “insurance in case of damage”,
• transaction date.

If it is decided to split the deposit into several equal payments, a receipt is drawn up for each of them.

Refund

When the rental agreement expires, the question arises between the tenant and the owner as to whether the housing corresponds to the condition in which it was handed over for use. If the owner has no claims against the tenants, he is obliged to return the deposit in full. The employer confirms its receipt with a receipt, indicating exactly what amount was transferred to him and when.

In practice, it is rarely possible to do without damage completely. It is especially likely that something will be damaged in the apartment if it was rented by families with small children or pets. Painted wallpaper, stained carpet or a broken chandelier are common occurrences. The parties will have to jointly assess the damage: if it does not exceed the amount of the security deposit, then the owner’s losses are considered paid.

If the damage is minor, part of the security payment remains with the owner of the apartment, the rest is returned to the residents. It is worse if the apartment is seriously damaged, and its repair will be very expensive. In this case, tenants will have to add the remaining amount to cover expenses. When an agreement cannot be reached, the issue will have to be resolved through the courts.

Difference between deposit and collateral

Quite often, landlords confuse these two concepts, but in reality it turns out that the essence of collateral and deposit are completely different.

1. The deposit is a certain amount that the future tenant must pay as a reservation for the intention to rent a specific apartment. However, in reality this method is no longer popular, since a security deposit is now used instead.
2. The deposit is usually paid directly when signing the completed lease agreement.
3. The deposit is equal to the cost of living in this apartment for one month. It is for this reason that it can be used as payment for the last month of stay. You cannot do this with a security deposit.
4. The deposit represents a certain amount of insurance that can be used in the event of damage to the property or the entire apartment as a whole.
5. The deposit amount cannot be used to pay debts for utility services, as well as for the provision of a telephone line.

However, people still consider the concept of collateral and security deposit to be something identical.

Features of an individual's deposit account

Deposit accounts for individuals have a number of features:

1. Limited functionality - intended only for savings; most banks completely prohibit the account holder from carrying out any transactions (without loss of income).
2. Interest accrual – financial institutions offer different rates, which depend on the type of deposit, its currency, the term of the agreement and the amount of funds. For example, annual interest on a ruble deposit “Catch the Benefit” from Sberbank can reach 7.76%. The bank can pay the client for the use of money every month or upon expiration of the contract.
3. The retention period is the period during which the financial institution, at its discretion, disposes of the money, is prescribed in the agreement and is strictly observed by both parties. With a term deposit, premature withdrawals are excluded.
4. Incoming and outgoing transactions. Possible if the client has issued a special type of time deposit (settlement). Withdrawals are allowed up to the minimum account balance established by the bank. Replenishments may be provided in other deposit options. Such features are enshrined in the contract.
5. Insurance. According to the legislation of the Russian Federation, if the license of a financial institution is revoked, the deposit will be paid in the amount of 100% of the amount, but not more than 1.4 million rubles. If the deposit exceeds this figure, then everything above the established limit can be reimbursed based on the results of the sale of the property and assets of the financial institution.

Banks offer dozens of types of deposits with different interest rates, amounts, and terms. Before registering an account, you should carefully study all offers and choose the most suitable one. Bank deposit - practical part:

Composition of the account number

The number is a set of 20 digits. Each combination carries certain information about the deposit. The first 5 digits indicate the period for which the deposit is made:

• 42301 – on demand;
• 42302 – up to 30 days;
• 42303 – from 31 to 90 days;
• 42304 – from 91 to 180 days;
• 42305 – from 181 days to 1 year;
• 42306 – from 1 year to 3 years;
• 42307 – more than 3 years.

The following 3 show the deposit currency:

• 810 – Russian ruble;
• 840 – American dollar;
• 978 – euro.

The last 7 digits are the account number itself; each bank independently sets the algorithm for decoding the combination. Using the number, employees of a financial institution can find out all the necessary information about the deposit within a few seconds. This greatly simplifies and speeds up customer service.

Cases when a contract can be concluded without a security deposit

There are several ways to conclude an agreement without using a deposit or to receive the full amount after termination of the agreement:

1. If there is a rental of real estate in which there are only bare walls, without any furniture and expensive repairs, then the landlord will not take a security deposit, since he has nothing to risk in such a situation.
2. In other situations, it will not be at all profitable for the apartment owner to rent out his property to an outsider, so he is required to pay a certain amount specified by him.
3. To prevent the landlord from pinning all the debts for previous tenants on the new tenant, before renting, you need to ask him to present a certificate from the local management company stating that there are no payment arrears in this apartment.
4. In addition, you can take simple photographs of the furniture and the entire furnishings, in which you can see all the cracks that existed at the time of signing the contract. In such a situation, the owner will not be able to insist on compensation for such damage, since it was caused before occupancy.
5. If it is not possible to pay the entire specified deposit amount at once, you can agree with your landlord to spread the insurance over several months. In such a situation, information about the deposit provided will be indicated in the contract only after the owner has received the entire required amount.
6. If the tenant does not have any complaints when renting out the apartment, you can agree with him that this insurance will be used as payment for the last month of residence.
7. It is worth remembering that information about the deposit must be indicated in the contract. Otherwise, if it is terminated, you may not receive a refund of the insurance.

Deposit account from an individual - what does it mean?

Deposit account is an account opened under certain conditions for a period established by an agreement with the bank to receive income in the form of interest. The interest rates are influenced by:

• deposit term;
• sum;
• currency.

Advantages of a deposit

It is worth opening such an account when you have an accumulated amount of money and you are sure that you will not withdraw it in the next six months or a year. Only in this case will money work for you.

The increased interest will bring income to the account owner, which will also depend on the amount invested.

In any case, money deposited in the bank at interest brings more benefits than cash stored in a box.

You can plan your income by knowing the amount, placement period and interest on the deposit. If you don’t know how to calculate it yourself, contact the bank employees - they will be happy to help you. You can use the deposit calculator on the website.

You cannot withdraw money before the deadline set by the bank, since if you do this, you will lose interest and the benefit from the deposit will be reduced to zero. So the deposit account is separated from your own funds, money from it cannot be spent on household needs.

Features of the deposit

Banks are happy to open such deposits, both in ruble equivalent and in foreign currency. Storing valuables in a safe deposit box is a depository, which is essentially the same thing, only you receive income from storing precious metals or jewelry.

To open a deposit, you must deposit a certain amount into the account. Some deposits have a minimum threshold. However, it may not exist.

The lower the minimum threshold, the lower the interest rate on the deposit. To begin with, cash is deposited into the account - through an ATM or bank cash desk.

Before concluding an agreement, the bank is obliged to provide the client with complete information about the product. Depending on the conditions, the deposit can be fixed or replenished.

Nice bonus

Deposits are insured. The insurance amount established by the state is 1,400,000 rubles.

That is, if an insured event occurs, the bank will return the entire amount to you if it is less than or equal to the insurance amount.

When storing large sums, it is advisable to split them into several parts and open deposits in different banks. Confidence in the safety of your funds is another incentive to open a deposit account.

Banks have provided deposit conditions that provide for account replenishment. However, you still cannot withdraw money before the end of the approved period.

Despite this limitation, you can increase the amount of payments by replenishing your deposit or applying capitalization.

This system means that the interest received for each month is added to the principal amount and interest is calculated on the resulting total.

You can refuse capitalization and receive accrued interest monthly. This option should be considered in advance to decide which option is more convenient for you.

Some banks provide depositors with the opportunity to increase other banking products, for example by using a credit card.

Difference from other accounts

A current account allows you to withdraw money for any purpose and at any time. Its use is not limited, but it does not generate income either. At best, the bank provides the lowest rate for such accounts.

There is another disadvantage of this account - the funds on it are not insured, which means there is a risk of losing savings.

How to open a deposit

Keeping money on deposit will provide you with passive income, give you self-confidence and serve as a financial safety net.

How is insurance refunded?

1. A fairly common mistake is that the contract states that the payment received can be used as monthly rent for the last month of occupancy. For the landlord, such a clause is undesirable, since it deprives him of the opportunity to use the funds received as compensation for damage to furniture or the entire condition of the apartment in general.
2. In addition to this, there is also another rather important point, which landlords often keep silent about. According to the code, the item must be returned to the owner in good condition, but taking into account normal wear and tear. It is for this reason that the presence of such wear and tear is not a basis for collecting the insurance paid. Examples include the following situations:
   The curtains were faded in the sun.
3. Carpeting has changed all its characteristics due to prolonged use.
4. Minor scuffs appeared on the wallpaper.

All these situations are not grounds for using the insurance provided.

Errors that occur when returning and processing warranty funds

Any transaction with apartments, be it sale or rent, involves the expenditure of considerable money, and, therefore, each of the parties wants to play it safe and this is understandable. In order to protect yourself from possible misunderstandings, you should ask the landlord to write a receipt, which will confirm the transfer of money.

A receipt is one of the types of documents that can help save your strength, nerves and money. The receipt will need to be notarized, and it is also desirable that it contains the signatures of at least two or three witnesses.

Writing a receipt takes no more than 5 minutes, and subsequently it can save more than one day of wasted time on evidence and disputes. It is also recommended that the tenant keep a separate notebook, with special columns, in which to note the day and amount of repayment of the monthly fee, and of course, it is worth immediately getting a signature from the owner confirming this fact.

There is no legislatively special form for writing a receipt, however, according to generally accepted standards, it must be written by hand and contain:

• FULL NAME. both sides;
• Contact details;
• passport details;
• agreed monthly payment amount;
• the timing of it.

Despite some legal ignorance of our compatriots, the receipt has legal force in court and can be considered indisputable evidence.

Of course, the receipt does not have to be certified by a notary, but it is strongly recommended, since if conflict situations arise, its authenticity will need to be verified.

More on the topic Sample of a simple handwritten power of attorney

It is necessary to understand that the receipt must indicate the real cost and the actual amount transferred, no agreements or verbal persuasion.