Residential lease agreement between individuals: registration, when does it need to be done, within what time frame, and is it necessary to print the document?

What does the law say?

Do I need to register the transaction? The obligation to register a residential rental agreement between individuals is specified in Art. 674 Civil Code of the Russian Federation.

The law says the following:

the apartment rental agreement must be drawn up in writing (the form in which the document is drawn up and what documents are needed for its execution are discussed here);
concluding a transaction for a period of more than 1 year entails the emergence of an encumbrance on the right to own real estate;
an agreement drawn up for a period of more than a year, which entails a restriction of property rights, is subject to mandatory registration.

IMPORTANT : Thus, the rental agreement entered in the register of real estate transactions limits the owner’s rights to use housing, and, on the contrary, gives the tenant a number of rights.

How to register an apartment rental agreement

The state gets the opportunity to exercise control over who receives the rights to real estate, even when citizens temporarily reside in someone else’s apartment.
Tax authorities monitor the amount of income a citizen receives and calculate the amount of payments to the Federal Tax Service.
If a dispute arises between the parties to a transaction, it is resolved on the basis of the information specified in the agreement that was registered with Rosreestr.

If the apartment that will be rented out is purchased with a mortgage, the written consent of the lender with whom the property is pledged must be obtained for the living space to be rented out.

Where to do it?

Registration is possible:

directly to Rosreestr;
through MFC.

You can also submit documents and applications online through the State Services portal. To do this, you will need to scan copies of documents in advance in order to send them via the Internet to the registration authority.

ATTENTION : The procedure takes 7 working days. The result of registration is the issuance to the applicant of an extract from the Unified State Register of Real Estate with a registration mark.

The procedure for registering a housing rental agreement between individuals

State registration of the concluded agreement is carried out within five working days from the date of filing the application with Rosreestr. After termination of the agreement due to the expiration of its validity period or on the initiative of one of the parties, it is necessary to submit documents confirming this fact to the registration authority.

the date of its preparation;
passport details of the parties;
information about the subject of the contract - address and other characteristics of the residential premises;
hiring period;
rent amount;
procedure for payment of utilities and other services;
information about the deposit (subject to its payment);
rights and obligations of the parties;
in the event that the apartment is rented together with furniture, household appliances, etc., an inventory of the property provided for use;
signatures of the parties.

26 Dec 2020 uristland 231
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Payment of state duty

Entering information about the fact of concluding an agreement and encumbering the premises by third parties requires payment of a fee (Tax Code of the Russian Federation, Art. 333.33, clause 1):

for individuals – 2 thousand rubles;
for legal entities – 22 thousand rubles.

If documents are submitted online through State Services, then you can pay the fee non-cash through the portal. When going through the procedure in person at Rosreestr, you will first need to pay a fee , and then submit an application and papers. Without a payment receipt, the agency employee will not accept documents.

We advise anyone who is planning to enter into a transaction such as a residential lease agreement to read other materials collected on our website:

Peculiarities of concluding a lease agreement for private housing.
Termination of the contract and drawing up an agreement.
Competently drafting a rental agreement.
Attachments to the rental agreement.

State registration of a residential lease agreement

Over time, legislative norms change, so citizens have questions about the need for state registration of residential lease agreements. Further in the article it is indicated whether this is necessary and what should be done when concluding such a transaction.

Is registration required?

The rules and procedure for drawing up, concluding and registering contracts in our country are regulated by Federal Law No. 14.

You can download the Russian Civil Code from the link.

Whether it is necessary to carry out state registration of a residential lease agreement is indicated in Article 609 of this legislative act. The provisions of this article state that all rental agreements (residential, non-residential premises) drawn up for a year or more are subject to mandatory state registration. In cases where the property is rented for a period of less than 12 months, registration of the rental agreement is not necessary.

Registration of a residential lease agreement is necessary to reduce risks when the parties fulfill their obligations. If there is a document for renting an apartment, one of the parties can hold the other accountable if the latter, in turn, does not comply with its obligations. A residential lease agreement is a legally binding document; accordingly, it must be presented in court.

Procedure

To register a rental agreement, you must contact a special government agency - Rosreestr. This institution is a federal executive body. The main tasks of this organization are to maintain cadastral records of real estate. When registering this accounting, all transactions carried out with residential and non-residential premises are recorded.

You can apply for registration of an apartment rental agreement in person by submitting documents to Rosreestr or submit papers through the multifunctional center. The person who signed the agreement has the right to begin the state registration procedure. This person can be certain citizens, for example, the owner or the tenant. In accordance with our legislation, third parties can contact a government agency. To apply, they must provide a power of attorney indicating their lawful actions. Such a trust deed is subject to mandatory notarization.

The procedure for registering a real estate lease agreement is as follows:

preparation of a certain list of documents;
submission of collected papers to one of the government agencies - Rosreestr or a multifunctional center. Documents can be sent in several ways - bring them in person to a government agency, send them via registered mail, send papers via the Internet;
receipt of papers after the registration procedure.

After registering a residential rental agreement, the owner of the property is required to draw up a tax return, then submit it to the tax office and pay personal income tax.

Required documents

To register an apartment rental agreement with Rosreestr, you need to collect a package of certain documentation.

List of documents for registering a rental agreement:

rental contract. This act must be submitted in triplicate. One for the tenant, the second for the registration office and the third remains with the owner;
application of the established form;
papers evidencing the landlord's property rights;
title papers, for example, a sales contract, an inheritance deed and other documentation;
certificates from the BTI. For example, a technical passport;
identification card of an individual, and if the tenant is a legal entity, then the constituent documents of the organization are presented;
consent of the owner's spouse. This written consent is necessary if the residential premises were acquired during the period of official marriage, which, by law, is recognized as jointly acquired property;
power of attorney certified by a notary office. This document must be submitted to Rosreestr or MFC if the papers are submitted by a representative of the tenant;
receipt of paid state duty.

Peculiarities

In accordance with Art. 674 of the Civil Code of the Russian Federation, an agreement between the owner of the premises and the tenant is registered only if it is concluded for a period of at least 12 months. Many owners use this loophole in the law for personal gain: they deliberately enter into an agreement for a period of less than 1 year, and then extend it.

This makes it possible to avoid document registration and save money. In addition, the lack of registration allows apartment owners to remain undetected by the tax service . Registration of the rental of real estate is a mandatory procedure if the agreement was signed for a period of more than a year.

Concluding an agreement for a period of more than 12 months is advisable only if expensive housing with valuable property is being rented, or the owner of the apartment lives in another city and needs additional guarantees of the security of the transaction. Now you know whether you need to register a residential lease agreement.

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Some features of the lease agreement for non-residential premises

4) does not carry out major repairs of the property within the time period established by the lease agreement, and if they are not specified in the agreement, within a reasonable time in cases where, in accordance with the law or the agreement, major repairs are the responsibility of the tenant.

In the event of the death of a citizen renting real estate, his rights and obligations under the lease agreement pass to the heir, unless otherwise provided by law or agreement. The lessor has no right to refuse such an heir to enter into the agreement for the remaining term of its validity, except in cases where the conclusion of the agreement was conditioned by the personal qualities of the lessee.

Why accounting?

The purpose of the Moscow government decree No. 2774-RP dated November 25, 2008, “On the accounting registration of rental contracts (agreements), sublease of residential premises in the city of Moscow,” which came into force, is to restore order in the housing rental market and make this market more civilized. This will make it easier to control the use of the city’s housing stock. The plans include the creation of a system of interaction between the city executive authorities and federal services (including migration and tax services for the city of Moscow) in coordinating the market for hiring and subletting of residential premises.

Registration of rental agreements, sublease agreements, and agreements on the provision of residential premises is carried out during the registration of non-resident citizens at their place of stay in the Russian capital, without which citizens cannot get a job, receive medical care and generally feel socially protected.

For reference: the place of residence is an apartment, residential building or other residential premises (a room in a communal apartment or dormitory) where a citizen lives temporarily.

On a note
Contracts for rental and sublease of housing submitted by employees of law enforcement agencies (Ministry of Defense, Ministry of Internal Affairs, FSO, Ministry of Emergency Situations), as well as Muscovites standing in line for housing, to financial authorities in order to receive monetary compensation for reimbursement of expenses associated with paying for accommodation are subject to mandatory registration. in a rented apartment.

Registration of the lease agreement in Rosreestr

The documents for registering a lease agreement for premises in Rosreestr vary in composition depending on who is the party to the transaction (individuals or legal entities), as well as on what object is being leased (residential or non-residential premises). A lease agreement for non-residential premises concluded for a period of more than a year is subject to registration with Rosreestr in any case. As for the rental agreement for residential premises concluded for a long term, there are some peculiarities here. If an apartment rental agreement is concluded between individuals, not for the purposes of entrepreneurial activity, then it will be a property rental agreement and it is not subject to registration. If a rental agreement for an apartment/residential premises is concluded between an individual and a legal entity (most often individuals rent out their apartments to legal entities for business purposes, for example, for accommodation as a hotel or hostel), then such a rental agreement requires registration with Rosreestr.

From 2020, when renting out part of the premises (for example, a room on a floor or in a building), it is not enough to mark it on the BTI floor plan to register the lease agreement. It is necessary to register this part with cadastral registration in Rosreestr and simultaneously register the lease.