FinanceThe property

Is it worth registering for a dwelling?

Renting one person helps to temporarily get a roof over your head, and others - to make money on it. Regardless of which category you belong to, you need to know what the difference between hiring and renting is to avoid losses and problems with the authorities.

In accordance with Chapter 35 of the Civil Code of the Russian Federation, The conclusion of a contract, according to which the owner transfers the housing for a time to another person for a fee. Hiring is one of the varieties of rent, under which it is permitted by law to rent housing only to a particular person (an individual). The organization does not have the right to hire a dwelling. The subject of such a contract is only the premises. The contract of employment, concluded for any period, does not need to be registered.

Lease of accommodation is determined by Chapter 34 of the Civil Code of the Russian Federation and provides for the provision of real estate only to the organization (legal entity). In addition to the premises, the subject of the lease agreement can be property. The tenant has the right to use the accommodation only for living. A contract concluded for a period of more than a year must be registered.

So, it is now clear how renting a dwelling differs from a lease. But what is more profitable and safer?

Renting a tenancy in an organization will always bring more money than a contract of engagement with a particular person. In the case of payment problems, a legal entity is easier to find and call to account. In addition, the organization will reimburse for losses in case of furniture damage or breakage of household appliances.

An important advantage of leasing is that if the terms of the contract are violated, the lessor can terminate the contract unilaterally, without submitting an application to the court.

Many consider it unprofitable to conclude a lease because the owner is obliged to pay income tax.

If you issue a change of real estate, like hiring a dwelling, you do not need to pay tax on income to the state. For the owner such a contract is unprofitable because of the possibility of its dissolution unilaterally only through the court. A good reason for canceling an agreement on hiring on the initiative of the owner of an apartment may be the non-payment of a monthly payment by the tenant within six months if the contract was concluded for a period of more than six months. In the event of a contract concluded for half a year, the reason for termination is non-payment for two months.

He can also be terminated by the landlord if he proves to the court that the tenant used the apartment not for living, but for other purposes or spoiled the property entrusted to him. The latter is difficult to prove in court if there is not a detailed inventory signed by the parties before the tenant enters the apartment. Also, the reason for the cancellation of the contract of employment unilaterally may be the written evidence of neighbors that their rights were violated and their interests were violated. Given the above, it is easy to understand that hiring a dwelling can cause a headache for the owner. To this we should add that the tenant can easily terminate the contract unilaterally, without the owner's consent and the court's decision, if he notifies the owner in advance about his intention to leave and will receive written support from the people who live with him.

As you can see, leasing and hiring agreements have weak and strong sides. What form of consolidation of relations to choose, decide for yourself.

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