What is the deposit when renting an apartment? What do you need to consider when making an insurance deposit?

Renting an apartment is one of the most common schemes of earning in the real estate market. But this kind of activity is associated with some risks. Therefore, agencies use certain methods of protecting the interests of both parties. In this article we will talk about insurance deposit.

Flat rent

Since the process of leasing is a risky business, those who are going to earn their own apartment, it is advisable to use certain types of protection against potential damage or fraud.

The mortgage when renting an apartment is one of the tools to compensate for possible material risks associated with real estate. It's about property damage and the condition of housing itself. In addition, in case of a sudden insolvency of tenants, the lien will allow the lessor to avoid financial losses.

In most cases, the deposit when renting an apartment is equal to the amount of payment for accommodation during the month. But exceptions are possible. For example, tenants may be required to pay for several months at a time (3-4). If we consider the situation with the elite real estate, which is leased, it makes sense to expect the demand to pay the annual cost.

Insurance deposit under the lease agreement

Some agencies use a slightly different approach to such a tool to compensate for possible damage. It is a question of a scheme in which such a deposit is not considered as a deposit or advance payment for the last month of the lease.

This money can not be used to pay rent, their sole purpose is to guarantee the financial security of the owner of the apartment in case of damage to his property by tenants. Therefore, understanding what a deposit is when renting an apartment, it is worth considering this approach to the rental process.

Refund of a deposit

The peculiarity of using the insured amount when renting an apartment becomes clear at the end of the lease. When the last month of living in an apartment is paid, the landlord accepts the immovable property from the tenant, which implies an inspection of the housing and property in particular.

If any damage was found (furniture is damaged or repair issues arose), then an insurance deposit is used to compensate it, which is kept by the landlord. The remaining funds after the payment of damages are returned to the tenant. In the absence of claims, the landlord gives the entire amount to the tenant.

If the contract was used during the lease, there should not be any problems with the refund of the deposit. Thus, in this situation, the deposit when renting an apartment can be considered as a security deposit.

How to properly arrange a lease of an apartment with a mortgage

Initially, it should be noted that the current legislation of the Russian Federation does not give grounds for a clear definition of the conditions for the return of the insurance deposit. For this reason, on the basis of Article 329 of the Civil Code, both parties will have to independently determine what obligations will imply payment of the deposit.

But if you apply the most common scheme that is used in treaties, then attention should be focused on the following points:

• Rent payment, not meeting the deadlines;
• Damage to property that is in the apartment;
• Unilateral cancellation of the lease without notice and until the end of the agreed period;
• Lack of payment for rent, telephone calls and utilities.

It is very important to make sure that the lease agreement of an apartment with a mortgage contains all the reasons for which a security deposit can be withheld . It will not be superfluous on the part of the tenant to check the conditions for the return of the insurance deposit.

It is expedient for each of the parties to be convinced that all their interests are observed. For example, if the landlord insists on prescribing the tenant's responsibility for premature termination of the contract, the tenant for his part may demand the same from the owner of the property.

Receipt for transfer of funds

The issue of issuing a security deposit must be solved competently. Therefore, when receiving funds corresponding to the amount of the insurance deposit under the contract, the apartment owner must write a receipt that the money was transferred. This will save both the tenant and the homeowner from possible unpleasant nuances related to the payment of the deposit.

In the receipt itself it is necessary to indicate the following information:

• Passport data of the lessor;
• The amount of payment accepted;
• Date of transaction confirmation.

At the same time, considering what a deposit is when renting an apartment and what are the features of its registration, it is important to note the following fact: in some cases the amount of the security deposit may be divided for several months. If there was such an installment, the side accepting the money should write a receipt for each paid part of the deposit.

Compliance with this format of the deal is important, because otherwise it will be difficult to prove anything in court.

How to accept an apartment after signing a contract

It is important not only to know what a deposit is when renting an apartment, But also be able to competently protect themselves from possible causes of its non-return. It's about the claims from the owner of the apartment about the damage to property. In order to avoid charges that are not true, it is worth taking photographs of the state of repair, equipment and furniture at the time of entry.

After the photos are taken and attached to the contract, they must be assured by signature of both parties. Thus, as the main reason for problem-free leasing, it is possible to determine the exclusion of potential controversial points at the very beginning and at the level of the contract.

By the way, some owners of residential real estate can not decide on whether to deposit the amount of the security deposit in the income declaration or not. According to many lawyers, this should not be done, since these funds are not payment for rent and are not used as income.

Possible difficulties

One of the common mistakes on the part of the lessor is the intention to use a security deposit under the lease as payment for the last month of tenants' living. The risk in this situation is quite obvious: if the property is damaged in a few days before the transfer of the apartment or if there are large bills for telephone calls, the owner will not be able to compensate for the losses.

Another point to pay attention to is the natural wear and tear on the property and repair. Sometimes tenants are accused of such changes, as a result of which tense conflicts arise. But if you pay attention to the civil code, you can see that the owner of the apartment does not have the right to demand financial compensation for natural wear.

An example is the loss of color saturation of curtains (sunburning), to which the tenant did not exert any influence. But if, say, the curtains were spoiled by the active domestic pet of the tenant, then in this case the claims against him will be fair.

How to determine the amount of compensation

This issue is also topical, as both sides can not agree on the value of the damage caused. A vivid example of such a situation is the breakdown of the refrigerator. The owner of the apartment can demand to completely replace this type of home appliances. The tenant, disagreeing with this solution, is able to offer compensation for the cost of repairs. Obviously, the difference in costs will be significant.

Therefore, it is desirable to designate such moments in the contract initially.

Having understood what a deposit is when renting an apartment, the owner should take into account the following principle: to return the amount of the security deposit only after receiving all the bills, including telephone bills. Then it will be possible to objectively assess the existence of any losses.

If you ignore this rule, you can face the need to pay for long-distance calls of former tenants.

Conclusion

A security deposit is used when renting real estate in virtually all civilized countries. This scheme has repeatedly proved its practicality. Therefore, it should not be neglected.