Is it possible to deregister (discharge) a minor child from an apartment without violating his rights?

Pravozhil.com > Housing and communal services issues > HOA > At what age can Russians rent an apartment and on what grounds

At what age can you rent an apartment? This is a pressing question. After all, teenagers often want to rent an apartment and live separately from their parents. As a person grows up, he feels more and more independent, which is why such a desire does not seem strange and surprising.

Having provided their child with the opportunity to live separately or sent him to study in another city, many parents ask a question quite normal in such situations - “At what age can you rent an apartment in accordance with Russian laws?”

Our resource decided to answer it and help all Russians interested in this information. Read more about the principles and possibilities of renting housing in the Russian Federation by representatives of different age groups below.

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.

Accommodation for a day for children - is it worth renting out or not?

Renting housing in the form of a house, apartment or room to a minor is a risky undertaking. If the legal consequences of such a transaction for the owner of the rented meters are insignificant, then the troubles that can arise from the dishonest behavior of young tenants often cause unnecessary trouble.

Perhaps the risks of their occurrence are greatest if you rent out housing to teenagers for a day. We can definitely say that it is not worth providing your own real estate for use to such persons.

Most likely, the teenagers have bad intentions and the living space is needed to organize a party or other, not entirely calm events. What might come of this probably doesn’t need to be told to any adult.

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.

How many years does a mortgage loan last?

A mortgage can be issued for different periods. The required amount of money secured by real estate can be given for 5, 15, 30 or more years. According to experts, the optimal loan is one issued for 10-15 years. As the period increases, the amount of overpayment increases.

The mortgage term depends on the following factors:

• borrower's age;
• type of mortgage;
• type and value of real estate.

Banks consider all mortgage applications individually. Therefore, it will not be possible to say exactly for what period the loan will be issued.

Almost all financial institutions in the country provide for the possibility of early repayment of a loan. Therefore, even if you take out a mortgage for 25 years, you can return the money 5-7 years earlier. A loan to buy a house is usually issued for 30-50 years.

Is it possible to sign a contract with a teenager?

Drawing up a contract is an opportunity available to minors from the age of 14. The legislation of the Russian Federation determines that at the moment of receiving a passport, a citizen acquires partial legal capacity until adulthood and can carry out certain legal transactions.

As noted earlier, renting a home is not one of them, so you cannot enter into a legal rental agreement with a teenager. You can only:

1. Conclude an agreement with his official representatives who have permission from the guardianship and trusteeship authorities for the child’s separate residence.
2. Indicate in the agreement the minor as a tenant in the rented home.

In any other context, teenagers cannot appear in the lease agreement. Otherwise, the transaction is declared invalid and all legal obligations that arose during its conclusion are automatically nullified.

Note! The recognition of a transaction between a specific citizen and a minor as invalid is carried out in court.

The debate can be initiated by the guardianship authorities or official representatives of the teenager.

Your apartment has been sold, but a new one has not yet been purchased

One of the most common and controversial situations that occurs in legal and judicial practice: parents have sold their home, but for some reason have not yet purchased a new one.

This state of affairs is unprofitable for both sellers (parents of the minor) and buyers. The guardianship authorities may consider it unnecessary to remove the child from registration and retain his share in the actually sold apartment until the parents purchase another home. Meanwhile, the buyer may refuse to buy an apartment with a “bonus” in the form of a child.

In order to avoid violation of the rights of a minor, the removal of a minor child from the apartment during the sale in this case is possible only after the parents deposit into his account an amount equal to the child’s share of the sale of the apartment.

A few words about purchasing an apartment by minors in the Russian Federation

Buying an apartment for teenagers

The purchase of housing on behalf of minors from 14 to 18 years of age is carried out in a manner similar to that described earlier.

The only difference is that teenagers can sign the agreement on their own, since they already have property rights. The transaction itself must be carried out with the permission of:

• official representatives of the minor (they put appropriate notes in all contracts and documents on property rights);
• guardianship and trusteeship authorities (whose representatives monitor the legality of all transactions and protect the rights and interests of the child from violations).

Before reaching the age of majority, a citizen who owns an apartment or house has partial legal capacity, so he cannot fully dispose of his possessions.

For example, rent it out on your own behalf. However, with the onset of legal capacity, all property and similar rights appear to the owner of the property in full, so his dependence on official representatives regarding the use of it disappears.

From this moment on, the citizen has the right to dispose of property as he wants, without asking anything from other persons.

That's all on the topic of today's article. As you can see, dealing with the housing issue for minors is not difficult. The main thing is to understand the basic provisions of the law on legal capacity and its essence.

We hope that the presented material has helped all readers of our resource understand at what age it is possible to rent an apartment in the Russian Federation and on what legal grounds.

How to rent an apartment in St. Petersburg:

See also Phone numbers for consultation April 13, 2020 kasjanenko 454

Share this post

Discussion: 3 comments

1. Elena says:
   04/28/2018 at 02:31

   I would never rent out my apartment to a teenager. Of course, there are children who grow up early, start working and provide for themselves and even their parents, but there are only a few of them. The bulk of them sit on their parents’ necks and walk around the clock. I don't trust them.

   Answer

2. Anna says:

   04/18/2020 at 00:14

   The article says that a minor can rent an apartment if registered as an individual entrepreneur. Are minors even registered as individual entrepreneurs? This is the first time I've heard of this, to be honest.

   Answer

3. Vika says:

   08/11/2020 at 10:31

   I would never rent out separate housing, much less for a day, to teenagers and minor children without parents. Then you won't have any trouble with the law if they do something wrong. But the room can be rented out with the consent of the parents. I took pictures myself when I was studying at a technical school after the 9th grade, at my grandmother’s corner, I was 15 years old then. I don’t see anything wrong with this, although, again, I didn’t film it myself, but my mother made an agreement.

   Answer

Flat rent

1076 lawyers are now on the site Hello!

Collapse Online legal consultation Response on the website within 15 minutes Answers from lawyers (9)

1. Trandina Eleonora Eduardovna, Lawyer, Klin Chat Hello, according to the law, no, only with the consent of the legal representative. + 0 — 0 Collapse

1076 lawyers are ready to answerResponse on the website within 15 minutes Ask a question

Dear Sergey! Sergey

• expert
• 8.1 rating

Income tax

Regardless of who opened a bank account for a young investor, you will not have to pay income tax; the bank acts as a tax agent. But with bonds and shares the situation is different: personal income tax will be levied on the increase in the value of the assets sold. If the costs of purchasing shares in the name of a child were borne by his parents, upon their sale the shareholder will no longer have the right to reduce income by the amount of expenses. Therefore, the tax on the sale of securities will have to be paid in full. But if the shares were purchased from an account belonging to a child, tax will be levied only on the profits.

What the law says

At what age can you rent an apartment? According to the law of the Russian Federation, people who have reached the age of eighteen are recognized as fully capable.

From 14 to 18 years, despite the fact that the child may already feel like an adult, all his actions are controlled either by parents, guardians, or government agencies. Therefore, when the question arises whether it is possible to rent an apartment at 15 years old on your own, the clear answer is no. However, it is worth considering situations where this is necessary.

However, it is worth considering situations where this is necessary.

For example, studying in another city. Dormitory accommodation is not provided in all educational institutions (officially - in all budget ones, but not everywhere you can find free places), so you will still have to rent housing.

But how? The Civil Code of the Russian Federation, namely Article 26, states that a child from 14 to 18 years of age is recognized by the state as partially capable, so he can be held responsible for his actions, carry out some financial transactions, and enter into contracts. A prerequisite is written permission from parents to carry out all actions.

It is worth considering a standard situation when a child went to study. At the time of graduation he can be from 14 to 17 years old. The question is: can a child live alone and is it possible to rent an apartment at the age of 14?

From this age, a child can officially rent an apartment with the consent of adults. To do this, parents write permission in free form. There is no rigid form, it may look like this: “I (last name, first name, patronymic, year of birth, passport details) give my consent to the conclusion of a transaction between my son/daughter (child’s details are entered) with the landlord to rent an apartment at (address is indicated) .

Date, signature” Is it possible to rent an apartment at 15 years old?

Likewise, with the consent of the parents and in the presence of the appropriate document (application). The consent is not certified by a notary and is essentially a fiction, since any young person can write it, knowing the parents’ documents and knowing how to sign for them. Moreover, who will check, especially if the parents live in another city?

Moreover, who will check, especially if the parents live in another city? The owner of the apartment, on the basis of a conditional document, has the right to rent out an apartment to a teenager and sign a lease agreement with him, but this is a big responsibility for the latter.

Not every adult will agree to make a deal with a child, because if something happens, he will also be held responsible.

What scares owners about tenants with children?

At the beginning of the study, we expected that everything would come down to property damage

. This turned out to be true.

But there are several nuances. Owners fear problems with neighbors due to constant noise from children

. They think that it is more difficult to evict tenants with children because they are protected by law.

Is everything really that scary?

Destruction of the apartment itself

The main fear is the destruction of the apartment.

In the world of owners there are no diapers, but there are sloppy parents. Any child will definitely ruin all available surfaces. Floor, walls, kitchen set.

Judging by the reports, they are not afraid only for the tiles in the bathroom. Although he is also at risk.

Most of all, owners fear for:

• Flooring
  . I especially feel sorry for parquet, expensive laminate and carpet. Because they are easy to spoil. And it’s expensive to clean and restore. The biggest fear is for the covering in the corridor, where people will walk on it and push a stroller.
• Walls
  . Especially expensive wallpaper. The main threats are felt-tip pens, paints and dirty hands. It's good if you have washable wallpaper. It’s bad if there’s something from an expensive collection on the walls.

Owners mention walls and floors most often. Because they don't want to spend money on cosmetic repairs.

Children aged 1.5 to 10 years are especially concerned. The owners believe that at this time the child has the maximum desire for destruction. In one hand there is a felt-tip pen for drawing on the walls, in the other there is a dart for throwing at the door.

The main fear is destruction. Landlords do not believe that they will be able to easily obtain compensation from tenants later

How to deal with this fear if you are a renter

In reality, it's not all that bad. Yes, children can break something and decorate it. But for this purpose, the contract specifies a deposit and compensation

.

With careful parents, the child is under control. Most of the jambs are immediately removed after him.

Compensation for painted wallpaper or damaged furniture can be agreed upon in advance. Draw up an additional agreement to the lease agreement with the terms of compensation for damage.

How to convince the owner

: Offer a compensation system.
For example, an additional deposit of 1,000 rubles every month. If everything goes well, it will be returned to you at the end of your stay. Give the owner guarantees and write them down in the contract. Important
: specify the condition of the property in the contract before moving in. In order not to pay for the destruction that was in the apartment initially.

Destroying things

This point is closely related to the previous one. They are only afraid of older children. Ages 3-5 and older.

At this age they move freely around the apartment. They reach out to various fragile things and test their strength. They can accurately throw Thomas the Tank Engine at the screen of a plasma TV.

The owners are afraid for all the fragile things in the house. Especially for:

• Televisions
  . The more expensive they are, the more concerns there are.
• Mirrors
  . Especially built into furniture. They are easy to break, but expensive to repair.
• The furniture itself
  . Especially with expensive, dirty upholstery. Dry cleaning and reupholstery is not a cheap pleasure.

There is something to be afraid of here. Appliances and furniture are usually expensive. But extracting compensation from tenants with a child, even in court, is problematic.

How to deal with this fear if you are a renter

There are more risks here than with wallpaper. Because any serious oversight by parents can lead to large expenses.

Therefore, the advice is still the same -
offer additional collateral
. Let the owner see that he will definitely cover all potential expenses.

Constant noise

Unpredictable problem. Worries mainly in panel houses with poor sound insulation.

There will be no problems with a calm child. Rare crying does not bother neighbors much. Unlike the constant roaring and hysterics.

The apartment may be well soundproofed. Then even long crying does not interfere. It's hard to hear, so it's minimally annoying.

A restless child in an apartment with poor sound insulation is a problem. Constant loud sounds will disturb the ears of all neighbors

.

Angry residents are cutting off the owners' phone numbers and writing complaints to all authorities. Sooner or later the tax authorities will be interested in the apartment. And if the landlord did not pay tax on income, this will become a problem.

Is it that bad?

Things are really bad here. Tenants can hide the fact that they have a noisy child. It will be an unpleasant surprise for everyone.

The owner should maintain good relations with neighbors. Then they will complain to him first of all. This will give time to resolve the problem with residents without involving government officials.

Tenants should also take care of good relations with neighbors. Then the problem can first be discussed and a compromise found.

Underpayment, because the tenants have a child

Owners are faced with the fact that tenants with children are late in paying. First, they simply transfer the money a couple of days later. Then they just start paying less. Because they have a child: tests are expensive, they need to travel a lot, buy things. And in general – get into the position!

These are the problems of tenants, not owners. They should plan a budget in advance and take into account the expenses of the child.

The owner of the apartment can get into a position. Together with the residents, reach a compromise and develop a payment plan.

But he is not obliged to do this. Unscrupulous tenants can be asked to leave at any time

. You can't make a shield out of a child.

Is it that bad?

Fears of letting someone else's family live for free are far-fetched. They arose from ignorance of the laws by landlords.

If tenants stop paying money, they can be evicted. Break the contract with them due to violations.

Will the tenants want to fight for the apartment and refuse to move out? Go to court. He will issue an eviction order

. Take it, call the police and kick out the illegal occupants.

The problem is if you rented out an apartment and did not pay taxes. After the proceedings with the tenants, you will have to answer inconvenient tax questions.

Concerns that tenants with children cannot be evicted

The main fear of owners. Once a child moves into the apartment, it will be impossible to evict the tenants.

Not true

. You can evict tenants as soon as they break the agreement. Even if 10 children and their elderly grandmother live there.

The Eviction Protection Act applies to apartments in properties where children live. For example, when they sell a home with a registered child and the buyer does not check who is registered there. Then it will be almost impossible to evict a minor.

The myth that it is impossible to evict a child is very persistent. Remember, you cannot evict someone yourself. You need to go to court, present all the evidence, and the tenants will quickly lose the right to live in your apartment

You can evict anyone

Renting an apartment is another matter. Everything here is regulated by the Civil Code. You can refer to the Civil Code of the Russian Federation (Part 2) dated January 26, 1996 N 14-FZ. Everything about renting apartments is spelled out in Chapter 35. Termination is written in Article 687.

The contract can be terminated through the court if the employer:

• Doesn't pay for 2 months
  .
• Destroys and damages property
  . The article applies to the actions of other persons for whom the employer is responsible. The child is one of them.
• Uses the premises for other purposes
  . For example, he opened a private kindergarten.
• Systematically violates the rights and interests of neighbors
  . Noise at inappropriate times, dirt, unsanitary conditions, littering of common areas. All this is suitable for terminating the contract.

The owner has enough rights to ask the dirty tenant with debts to leave at any time. The child is not a hindrance to this

.

How you should NEVER evict

The law protects the interests of the owner. But everything has a limit.

You cannot evict a tenant yourself

. By restricting tenants' access to the apartment, you are taking a risk. This is a step towards bigger problems. And it doesn’t matter how you did it: with an additional key that only you have, or by cutting in a new lock.

Employers may file a counterclaim. Say that their rights were violated. That they had something valuable inside and it was all lost while they were outside.

Most likely, the case will fall apart. Typically, residents will not have enough evidence. But they will fray the owner’s nerves and waste several months of his time.

Children's deposits in the bank

Many parents planning investments for children believe that stocks, securities and land shares are not the most reliable investment instruments associated with the risk of loss of capital despite their profitability. The priority choice for many is deposits in banks, where you can open your own account for a child when he or she reaches 14 years of age.

A deposit in the name of a child can be opened at any age upon presentation of the parent’s birth certificate and passport; third parties can also replenish the account. Children receive full access to deposit funds from the age of 18 (previously only by decision of the guardianship authorities). Upon reaching 14 years of age, a child can manage interest on the deposit and replenish it.

Deposits opened in favor of a third minor are rarely used. This is due to the fact that parents are deprived of the right to withdraw the deposit from the bank at any time, since the operation will require permission from the guardianship authorities. Registration of documents usually takes about a month.

Sometimes there are situations when you need to withdraw money from your account urgently. Such inconveniences make deposits in the name of a child extremely rare.

Examples of deposits

In Russia, banks offer special conditions for children's deposit programs. Let's look at the example of two large institutions:

Deposits, despite the difficulties that arise, are a reliable way to preserve and increase funds intended for children. Even if parents have small incomes, but make small contributions regularly, they can accumulate quite impressive amounts.

By investing 5 thousand rubles monthly. to the bank, after 20 years you can get up to 2 million rubles.

To attract customers, banks try to offer the most comfortable conditions, especially if citizens plan to cooperate with them for a long time. Typically, the contract is signed for a period of 1 to 3 years and then extended.

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

. They are usually looking for an apartment for the long term, which increases profits in the long run. This money will compensate for almost any damage caused by the child. You will be more profitable than if you leave the apartment idle while looking for the ideal tenant.

Remember, the decision is yours. But there is usually no profit without risk.