Form for receiving money for renting an apartment. What is a receipt for receiving money for renting an apartment: sample, validity period and registration rules

Since now the rental and hiring of residential and non-residential premises, then it is simply necessary to familiarize yourself with how to properly issue a receipt for payment of rent. If in the future there will be disagreements and problems between the tenant and the landlord, then this document will allow them to be resolved. Below we will learn in more detail about how a receipt for renting an apartment is drawn up and executed, and we will also consider its sample.

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What is a document?

A receipt is a one-sided document that certifies the transfer or receipt of money, papers. When paying rent for an apartment, a receipt can confirm the fact of transfer Money, if the property is rented on behalf of an individual and the payment is also made by the individual.

This document is required by both the tenant and the landlord. Thus, the first will be able to insure himself in the exact receipt of payment, and the second will avoid problems with the tax, which requires receipts to be attached to confirm the payment. That is why it is drawn up in two copies, and each of the parties receives its document in hand.

Document Form

Despite the fact that this document can be decisive when making money for renting an apartment or other real estate, there is still no special form of receipt. However, it is important that:

  • The receipt was written by hand, and not with the help of technical means. In litigation, this will help identify the handwriting of the compiler;
  • The document included information about each party, including passport details and contact numbers;
  • The addresses and places of registration of the tenant and the landlord were entered;
  • There was a description of the rental object and the amount to pay for the service.

Important Points

It is necessary to remember a few simple rules for this document, even if it is compiled strictly according to the model:

  • Even a quickly written receipt will be taken into account in court and will be able to resolve any conflict;
  • The document does not need to be notarized. However, this fact can be used in court and entail an analysis of the receipt;
  • It is best if there are several witnesses during the conclusion of the document who can take your side in case of problems. Their details must be included in the receipt;
  • Specify only the real price. Otherwise, you may suffer from this, since it will be impossible to prove that the transferred amount for renting an apartment was more than indicated on the receipt.

If the payment goes through the bank

If you decide to pay through a bank, then it is not necessary. The bank stores all data on transactions and the time of their implementation. But in order to prove that the money was transferred specifically to pay the rent, appropriate notes should be made when paying. Although there is still a risk that such an operation will be challenged by the tenant, since he can declare that the money came to him only once or twice, and then by mistake.

Document drafting sample

There is no specific form of receipt of payment, but you can find a lot of generally accepted samples and templates on the Internet. The main thing is that the document contains the following data:

  • Document's name;
  • Information about the citizen who received the money (last name, first name, patronymic, registration address);
  • Information about who made the payment (passport data and registration address);
  • The amount received for the payment of rent;
  • Assignment of money. If it was a payment for one month, then you should indicate for which one, the year and the address of the apartment;
  • Signature of the originator, place of signing and date;
  • If there are witnesses, you must enter their passport details.

Receipt sample

Below is a sample receipt, issued in free form:

Receipt

I, Ivanov Ivan Ivanovich, the passport 0000 №000000 issued 01/01/2010 Ivanovsky District Department of Internal Affairs, Ivanovo registered at: Ivanovo, st. Ivanovskaya d.1 kv.1, handed over, Petrov Petr Petrovich, the passport 0000 №000000 issued 01/01/2010 Petrovsky District Department of Internal Affairs of Moscow registered at: got 25,000 (twenty five thousand rubles) in payment for renting an apartment under a lease agreement dated 01.06.2010 located at the address Moscow, st. Moskovskaya d.1 kv.1, behind July 2010.

What is a rental receipt, and is it necessary to draw up it when concluding a rental agreement? A receipt is a document confirming the transfer of funds from one person to another. It proves the fact of settlement of the tenant with the owner. The preparation of this document is voluntary. The initiator of signing the paper can be both the owner and the tenant of the premises.

Advantages:

  • on its basis, one of the parties to the transaction can prove in court the fact of the transfer of money;
  • the initiative of the tenant to draw up a receipt will scare away unscrupulous apartment owners;
  • the document fixes the amount of transferred funds, which protects the tenant from unfounded claims of the owner.

Who composes it?

The document is being written the one who receives the money, i.e. the landlord.

The receipt is drawn up in two copies. One remains with the owner, the other - with the tenant. The tenant needs the document to a greater extent in order to avoid possible misunderstandings about the regularity and procedure for settlement with the owner of the property.

Design Requirements

There is no strictly prescribed form for the receipt. Allowed:

  1. drafting by hand (blue ink);
  2. printed version.
  • the text must be legible;
  • any blots and corrections are unacceptable;
  • information about the parties to the transaction must match what is written in the passport.

The paper is drawn up in any form. In order for it to have legal significance, it is necessary to comply with the requirements for the content of the text, which will be discussed below. If payment is made in a non-cash form, then a document on the transfer of money is not required.

The fact of the transfer of funds in this case can be proved by bank statements. To ensure greater security, the tenant can indicate the purpose of the transfer in the comments to the payment transaction. For example, “for paying for an apartment to Ivanov A.A. for May 2017".

What should be included in the document:

  1. Date and place of transfer of money.
  2. Full name of the owner and tenant, their passport details and registration address.
  3. The amount transferred to the landlord (must be indicated in numbers and in words).
  4. The address of the apartment for which the funds are transferred.
  5. Indication of the purpose of the transfer of money.
  6. Signature of both parties with transcript.

REFERENCE: The owner may indicate next to his signature: "(amount) received as payment under the contract of employment."

You can learn how to properly write a receipt in this video:

Are witnesses needed?

Witnesses are not required. But if they are, then their data should also be indicated in the document. When is it appropriate to sign a receipt in front of witnesses?:

  • if the tenant transfers to the owner a large amount of money to pay rent several months in advance;
  • if the employer wishes to obtain additional guarantees (it is much easier to prove in court the fact of the transfer of funds according to a receipt drawn up in the presence of witnesses).

In other cases, it makes no sense to draw up this document. The calculation of the owner and tenant occurs, as a rule, on a monthly basis, and each time it will be problematic to look for witnesses to draw up a receipt.

Legal force

The concept of "receipt" is enshrined in acts, but is most often found in laws when it comes to loans. Whatever the purpose of the transfer of funds specified in the receipt, it will have legal force. In order for a receipt to be valid, it must be correctly drafted. The document must indicate the data of the owner and tenant, the amount, the purpose of the transfer, the date and period for which the amount was given.

A prerequisite for the legal significance of the receipt is the signatures of the parties to the transaction with a transcript and the absence of corrections.

It is not necessary to notarize the document because it has legal force. Notarial certification has one plus: before signing the paper, it checks the identity of the recipient of funds, which will subsequently make it possible to easily prove that the document contains his signature.

Not everyone can afford to buy their own, so a person who wants to live independently, on his own or with his family, often comes to the option of long-term apartment rental. When a citizen rents a room, in particular an apartment, he must protect himself from unforeseen troubles associated with payment.

After all, unfortunately, there are unscrupulous owners of premises who, for one reason or another, want to evict a tenant. Care must always be taken when transferring funds.

The landlord may ask you to leave the premises, although you paid everything on time and even in advance, but without the presence of this paper in court, the tenant will not prove anything.

It is safer to rent an apartment under a lease agreement

Naturally, landlords also have life circumstances in which they are forced to ask to leave the apartment ahead of schedule. If available, the property owner has the right to evict tenants in the following situations:

  • tenants cause irreparable damage to the property located in the apartment;
  • the tenant does not comply with the terms of the contract regarding the operation;
  • no rental payment for housing for more than two consecutive months (provided that the lease has expired).

All of the above situations are based on the information specified in the Civil Code Russian Federation Art. 619. Other factors specified in the document (Article 450 of the Civil Code of the Russian Federation) may also serve as an early lease.

Important: the landlord has no right to prematurely terminate the lease without a good reason, without first warning the tenant.

The warning must be in writing and fall into the hands of the tenant in advance (the term “in advance” means a reasonable period of time during which the tenant can find another place to live, collect and transport personal belongings).

Who needs a receipt

Mostly, the person who pays money for housing needs a receipt. Thus, this person can protect himself in an unforeseen situation and prove his case. If for the calculation the tenant transfers the money in cash, then in this case it is especially important to have a receipt for receiving funds, since in which case it will not be possible to prove the fact of the transfer.

If payment is made by sending money to bank card, then this condition is not so necessary, since any bank payment can be tracked. But for personal certainty, and in such a situation, you can take a receipt only if the landlord is not located at a far distance, for example, in another country (this simply does not make much sense).

It is advisable to indicate the purpose of the payment when transferring the required amount to the bank card of the owner of the apartment. Bank employees will always be able to provide proof of payment.

Rules for issuing a receipt

Receipt for receiving money for renting an apartment: sample

There are no established standards by which you need to, so we can say that the drafting of paper is carried out in a free format. It can be filled in manually, or text typed on the keyboard.

  • Full name of the landlord and his passport data (if necessary);
  • Full name of the tenant and his passport data (if necessary);
  • The amount of transferred funds;
  • Description of the fact who exactly pays the money and for what service;
  • Live signature of the owner and tenant (the concept of "living signature" is a signature put by the hand of a citizen, in order to be able to prove authenticity through handwriting examination, if a dispute arises).

Is the receipt legally binding?

A receipt for receiving money for renting an apartment has legal force

The answer is it has. Any receipt for the transfer of funds is legally binding, despite the fact that it is drawn up in free form. The proof of authenticity is the "live" signatures supplied by the two parties.

Regarding whether it is necessary to certify this paper with a notary, it is more up to the tenant to decide here. Of course, the certified document is not disputed and is automatically considered real, but it is worth considering the fact that the certification process is not free.

The minimum cost for certification is 200 rubles (Article 333, paragraph 24 of the Tax Code of the Russian Federation). Notary services also cost money, but here prices can already vary.

Of course, it is safer to decide to notarize the receipt, but the tenant himself has the right to decide whether it is worth it. It is necessary to assess all the risks, as well as to think about whether such a situation is possible in which litigation is required.

How long is a receipt valid?

The validity of the receipt on the fact of transfer of payment for renting an apartment is three years from the date of signing. Such a period is provided for and is common to all civil cases. Like any other valid document, it is recommended to keep the receipt until the very end of the term.

It is logical that the idea arises that this paper is hardly needed, because after two or more years, you can forget not only about the payment being made, but also about this one in general, if you have already moved out of it for a long time.

The receipt is drawn up so that during the rental period there is proof that the tenant lives legally and fulfills all his obligations specified in the contract.

conclusions

It is possible to sum up, which suggests that drawing up a receipt is highly desirable, because the state will not be able to protect the interests of the tenant if the necessary evidence is not provided. By renting an apartment legally, that is, with the preparation of an official lease agreement, with the subsequent signing of receipts, a person can protect himself in an unforeseen situation and not be left “out of the blue” in the end.

It is better to initially treat this procedure with responsibility and not neglect the preparation of receipts.

Video material will teach you how to write a receipt correctly:

Each real estate transaction - buying, selling or renting a home - involves the use of a lot of money, and therefore such transactions must be carried out with great responsibility and accuracy so as not to fall into the hook of scammers, which have always been enough in the real estate market.

When renting a home, the landlord is afraid to face a fraudulent tenant, and the tenant is afraid to face a fraudulent landlord, so the parties are reinsured.
But if we talk about a receipt for renting an apartment, then it refers more to those documents that can save the tenant in case of financial misunderstandings and claims from the owner of the apartment.

A simple receipt of several lines, which takes only a few minutes to complete and, paradoxically, which most tenants and landlords do not find time for, can be a more significant proof of payment rent than a contract of employment.

Therefore, advice: do not be lazy, find the missing 10 minutes, draw up a receipt and make the owner put his signature under it. If you really don’t have time to mess with separate receipts every month, get a special notebook with several columns: amount, number, owner’s signature in receiving money.

Trust is an unnecessary quality for a tenant.
Remember this!

Receipt form

Although the legislator very strictly monitors the order of real estate transactions, he did not provide for a standard form for drawing up lease receipts.

Mandatory requirements:

  • that the receipt be written by hand (to identify the handwriting in the event of a trial);
  • that it contains the names, patronymics and surnames of the parties, passport data, contacts;
  • that the addresses of residence and registration are indicated;
  • to indicate the amount and subject of payment.

Here are two examples of a mortgage receipt for renting an apartment. They are quite simple and can serve as the basis for compiling such a document, although you can draw it up in any form - there are no strict requirements in the legislation on this matter.

Sample #1

RECEIPT

in receiving funds
Moscow city

I, Ivantsov Igor Pavlovich (passport: series, number), received from Petrenko Nikolai Petrovich (passport: series, number) 20,000 rubles (twenty thousand rubles). The specified amount was received by me in accordance with the terms of the apartment lease agreement (apartment address, agreement number, date of conclusion). I received the money upon signing this receipt.

Sample #2

Landlord's receipt for receiving a deposit for renting an apartment

I ________________________________________________________________________ received a deposit in the amount of _________(__________________________________________________) for the rent of the above apartment. This amount is deducted from the rent for the first month. In case of not transferring the apartment for rent, I undertake to return the amount of the double deposit.

_______________ (signature) "___" _____________ 2017

Some of the lawyers do not require the mandatory indication of the passport details of the participants in the transaction in the receipt, since they are already indicated in the contract of employment. But better - the best, so do not be lazy once again to play it safe and write a receipt by hand.

Often, apartment owners, referring to employment, refuse to draw up receipts every month, make it easier for them - print out a sufficient number of blanks, leaving space only for the signature and entering the last name, first name and patronymic of the landlord “manually”. He is unlikely to get away from signing a ready-made receipt.

It is imperative to indicate the city as the place of the transaction in order to find out which of the judicial institutions to contact in the event of a trial.

Questions regarding receipts

Renting is a tricky business. And the subtlety lies, first of all, in the documentary registration of hiring, especially many questions from the parties arise regarding receipts.

Is it necessary to notarize the receipt?
Rental housing does not apply to transactions subject to mandatory state registration, therefore, it has sufficient legal force even without the signature of a notary. But in court, the other party can use this nuance to their advantage and demand verification of the authenticity of the receipt.

Should witnesses be called during the registration of the receipt?
Optional. If there are witnesses, it makes sense to write their names on the receipt, such a document is more difficult to challenge in court and, very importantly, you will have witnesses who can be involved in the trial.

What to do if the receipt contains a fictitious amount?
Firstly, never be fooled by the owner's persuasion to pay 5,000 rubles on the receipt, but give a deposit of all 20,000. Honesty and kindness of heart in the real estate market and in society in general are in great short supply.

By agreeing to such a receipt, the tenant is at great risk. Therefore, it is better to indicate real amounts in the document, otherwise you will not be able to prove your case in any court: the amount is determined, there is a signature of the owner of the apartment - the official document has taken effect, and the tenant remains both obliged and guilty.

Do I need a receipt if the rent is charged to the card through a bank?
Not necessary. The bank stores all transaction data and, if necessary, you can trace the entire path of a specific amount. In order for bank data to have the force of evidence in court, it is necessary to accompany the transfer of rent with an appropriate comment, from which it will be clear for what purpose the payment was made.

True, with this form of payment there is a danger for the landlord: a dishonest tenant can easily challenge the last few transactions in the bank, saying that he made a mistake and sent money to the wrong person.

Why and who needs receipts?
First of all, receipts are necessary as proof that a certain amount of money has been transferred from one individual to another. Thus, if we talk about the apartment rental market, the receipts are primarily needed by the tenant. It is they, and not only and not so much the lease agreement, that are evidence that the rent payment was transferred on a certain day to a specific person (the owner of the apartment).

There are a lot of cases when the owners of rented apartments after some time (six months, a year or even more) declared that the tenant violated the terms of the contract and the owner did not even see any money from him. You may not have to meet large-scale impudence on your way, but there are more than enough situations when the owner “hints” that the payment was once “missed”, more than enough, and no one is immune from this. Except for receipts.

In what form should the receipt be made?

As in the case of drawing up a lease agreement, strictly certain form(sample, form) for receipts is not established by law (Article 161 of the Civil Code of the Russian Federation). They are drawn up in simple written form (preferably by hand). It is necessary that the receipt contains the data of the parties (at least full name and passport data), information about the amount of money transferred, the conditions for their transfer. An example text of the receipt might look like this:

RECEIPT for receiving funds
Moscow city
I, Ivanov Ivan Ivanovich (passport: series, number), received from Petr Petrovich Petrov (passport: series, number) 20,000 rubles (twenty thousand rubles). The specified money was received by me in accordance with the terms of the apartment lease agreement (apartment address, agreement number, date of conclusion). I received the money upon signing this receipt.
Signature ……………. /IVANOV I.I./
August 13, 2010

Strictly speaking, since all the data of the parties (passport, place of permanent or temporary registration) are indicated in the lease agreement, they may not be indicated in the receipt. But some lawyers think it's better to play it safe. The same applies to handwritten receipts. True, it is unlikely that the owner of the apartment will want to write a certain text by hand every month. Therefore, you can compose the text on a computer and print the forms, but leave spaces in them to fill in by hand - the recipient's full name and signature. The main thing is that in the event of a trial, the handwriting can be unambiguously identified. The city must be indicated, because it depends on where to sue in case of claims.

What to do if the rental agreement contains a fictitious amount (for example, five thousand rubles), but in fact the rent is much higher (twenty thousand)? What amounts should be included in receipts?
In this case, the tenant and the owner of the apartment act at their own peril and risk. Of course, in the receipt it is necessary to indicate the real amounts. Otherwise, the tenant, for example, can pay the five thousand indicated in the contract for the last month and “escape”, after which it will be difficult (or rather impossible) to prove that he owes another 15 thousand.

The owner of the apartment does not want to bother with receipts every time, but agrees to put his signature in the notebook where the schedule of payments for the apartment is kept when receiving money. Does this count as a receipt?

If the title page of the notebook indicates that the money is transferred monthly in accordance with the lease agreement so-and-so, the passport data of the parties are indicated, and then there are the phrases “Received money (amount), date, signature, transcript of the signature, then we can assume that such the notebook completely replaces the standard receipts. Just make sure that it is clear what the money is being transferred for, in what amount, by what numbers, who is transferring it and where (in which city). That is, the requirements are standard.

Do I need receipts if the rent is transferred from my bank account to the landlord's account by bank transfer?

In this case, the preparation of receipts can not bother. The bank keeps a history of transactions, so you can always see the path that the funds go through, including their recipient. True, ideally, such operations should be accompanied by an appropriate comment “On account of payment under a lease agreement to such and such.” But comments such as “Return of unused funds” or “Return of debt” are usually used (because such transactions are not subject to VAT). In any case, the history of banking operations will show how often the money was credited to the recipient's account, in what amount and by what numbers.

In this case, the owner of the apartment needs to insure himself with a pre-drawn and signed lease agreement, since a dishonest tenant can go to the bank and challenge the latest transactions, stating, for example, that he made a mistake and the money needs to be transferred to a completely different person.

In any case, the rule is simple: any real estate transactions (and indeed any transactions involving large sums of money) must be carried out in writing, drawing up contracts and receipts. Even if relatives are involved in the transaction: according to statistics, more than half of the outstanding debts and unfulfilled obligations arise precisely “thanks to” close family or friendly ties of the parties.

Arseniy Zhuravlev Owner

www.rentalhome.ru

Official rental of the apartment

In modern Russia, renting out apartments or rooms (renting) is a fairly common phenomenon. However, both apartment owners and their residents have a very vague idea that these procedures are regulated by the norms of the Civil and Housing Codes of the Russian Federation, and the apartment itself must be rented out on the basis of an agreement.
Therefore, this article will be very useful as a practical guide to renting out housing (renting), and the information presented in it will help answer a lot of questions that arise on this topic.

Landlord terminology

The general rules for renting (hiring) residential premises are enshrined in Article 671 of the Civil Code of the Russian Federation. This article separates two different terms that should not be confused. If we are talking about the relationship of legal entities (if the housing is rented by an organization), then the transaction between the parties will be considered a lease. At the same time, the organization can, in turn, transfer the rented housing exclusively to its employees or use it for the residence of other citizens.

This restriction is especially relevant in cases where there are intentions to use housing for offices, offices and for other purposes not related to the residence of citizens. Such use of housing in accordance with the norms of Article 671 of the Civil Code is unacceptable.

If the employer is a citizen, then we are talking about hiring. And to call such a transaction a lease is wrong from the point of view of the law. Therefore, if individuals conclude an agreement between themselves, then it should provide for the rental of premises, but not for rent.

Documents for concluding a formal contract

The practice of concluding housing rental agreements follows the path that only three documents are enough to complete transactions:

  • Landlord's passport;
  • Passport of the employer;
  • Certificate of ownership or other document confirming the right of the owner or other authorized person to rent housing to persons.
  • They are required for the preparation of a competent contract. The requirement of any additional documents for this type of transaction is unnecessary.

    Housing contract

    Modern practice of solving housing rental issues often concerns the activities of realtors. Since in major city without their intrusive help, it is extremely difficult to find the owner of the apartment on your own.

    As part of the provision of their services, realtors offer a ready-made copy of the contract, a sample of which can also be found on the Internet. In this regard, it should be noted that, unlike many other transactions, the forms offered by realtors and available on the Internet are not always suitable for a particular situation.

    Therefore, you should be prepared for the fact that the contract will have to be drawn up independently, based on the available examples, since the standard contract does not provide for all the nuances, and many of the clauses contained in the samples are obviously dangerous for both parties and can lead to trouble. For example, if the contract contains a clause on the property liability of the tenant, then it is worth signing such an agreement with great care.

    In the event that you decide to prepare the contract yourself, and this is the most the best way, then it must be written in 2 identical copies, which must contain:

  • Title, date and place of compilation;
  • The initials of the parties, which are filled in in a standard format: full name, registration, series and passport number, by whom and when the document was issued.
  • Information about the residential premises: address, total area, number (cadastral, inventory, accounting, etc., which is taken from the certificate of ownership);
  • The term for which the contract is drawn up (no more than 1 year). Otherwise, the contract will not be valid without registration with Rosreestr;
  • The cost of hiring and the procedure for making payments;
  • Rights and obligations of the parties;
  • Liability in case of violation of the terms of the contract;
  • Signatures and initials of the parties.
  • In addition to the above points, the parties have the right to fix any other aspects of the transaction that are important to them. At the same time, the agreement should not be heavily cluttered with meaningless and empty phrases, references to the current legislation.
    It must also be remembered that if the parties are going to draw up annexes to the contract, then the text of the contract should contain an indication of them.

    Annexes to the contract, act of transfer of the apartment and property

    In practice, two applications are best known. This is a receipt, as well as an act of transfer of an apartment and property. As for the receipt, there are usually no problems here. A receipt is an annex to the contract, which confirms with the signature of the owner of the apartment the fact of receiving payment for the past or upcoming period.

    The presence of a receipt is required if the parties have entered into a written agreement. In this case, a receipt is the most practical option for confirming the fact of payment, and, consequently, the fulfillment of one's obligations under the contract.

    In addition to the receipt, you can often find a second application (sometimes there may be two), which concerns the transfer of an apartment and property (furniture, household appliances, etc.).

    The preparation of such acts is not mandatory. Sometimes it is enough to get by with just one contract. In any case, the norms of the Civil Code of the Russian Federation do not require its preparation.

    The meaning of this act is to record the condition of the apartment, as well as a list of property transferred to residents. Let's be honest, theoretically it is very easy to draw up such a document, samples are available. However, in practice there are many problems. Firstly, residents will never be able to check the condition of the engineering networks of the apartment, the serviceability of furniture and household appliances. Secondly, neither the owner nor the tenants are insured against potential outrages of the parties, such as replacing furniture, etc. Yes, it's hard to make a list of things. Since the sofa is different for the sofa. And if high-quality and solid furniture is transferred, then the act should indicate all the information on this furniture, that is, indicate all the essential characteristics. Since no one guarantees that instead of Italian furniture tomorrow the apartment will not have ordinary Soviet furniture in very poor condition. And it does not matter who will initiate the substitution, the tenants or the owner of the apartment.

    Therefore, before drawing up such an act and marking in the contract clauses about property liability for the transferred premises and property, you should think carefully about whether you need to do this. You should be especially wary if the landlord offers a very detailed description expensive furniture and appliances, while leaving the keys to the apartment. Because the potential damage could outweigh any benefits of renting a low-cost home.

    Taxes and illegal rental of apartments

    The issue of taxation is also important when renting an apartment (renting). However, before talking about taxes and the procedure for their payment, it is worth noting the question of the legality of renting an apartment.

  • In accordance with the tax legislation, the right to rent housing has the right:
  • Citizens as natural persons;
  • Citizens as individual entrepreneurs.
  • Depending on what status a citizen chooses, he will have his own taxation system. The most common option is when the owner of the apartment is an ordinary citizen without IP status. In this case, he must pay a tax in the amount of 13 percent of the rent received. At the same time, most residents of Russia do not pay such a tax. Since it is very, very difficult to fix in practice the fact of receiving income, especially if copies of the contract remain in the hands of the parties to the transaction and do not fall into official instances. At the same time, if the landlord saves on paying taxes, then he should be very correct with the tenants, since the receipt and the contract are a potential trump card against the negligent homeowner.

    According to the norms of the law, when renting an apartment, the owner must submit an annual tax return, which indicates the amount of income received. Such a declaration is submitted in the form of personal income tax-3 from January 1 to April 1 of the year following the year in which the income was received.

    If a person rents out several apartments, and this activity is systemic for him, then we are talking about entrepreneurial activity. In this case, it is worth considering obtaining a patent, as the fee for a patent can be well below the 13 percent tax on several apartments.

    With regard to liability, in the event that the amount of income received, on which taxes are not paid, is confirmed, and in tax office if there are relevant documents, then liability is provided for in Article 122 of the Tax Code of the Russian Federation. According to its norms, the owner will have to pay tax, as well as a fine of 20 percent of its amount.

    At the same time, the possibility of bringing the owner who violated the norms of the Tax Code of the Russian Federation to administrative liability for failure to provide information about the income received is not ruled out. However, this issue should be decided by the tax authorities, depending on the specific situation.

    about-realty.net

    Receipt for receiving money for renting an apartment: writing rules

    Not everyone can afford to buy their own living space, so a person who wants to live independently, on his own or with his family, often comes to the option of long-term apartment rental. When a citizen rents a room, in particular an apartment, he must protect himself from unforeseen troubles associated with payment.

    After all, unfortunately, there are unscrupulous owners of premises who, for one reason or another, want to evict a tenant. It is always necessary to take care during the transfer of funds to obtain a receipt.

    The landlord may ask you to leave the premises, although you paid everything on time and even in advance, but without the presence of this paper in court, the tenant will not prove anything.

    The nuances of renting a dwelling

    It is safer to rent an apartment under a lease agreement

    Naturally, landlords also have life circumstances in which they are forced to ask to leave the apartment ahead of schedule. If there is a rental agreement for an apartment, the property owner has the right to evict tenants in the following situations:

  • tenants cause irreparable damage to the property located in the apartment;
  • the tenant does not comply with the terms of the contract regarding the operation of the property;
  • no rental payment for housing for more than two consecutive months (provided that the lease has expired).
  • All of the above situations are based on the information specified in the Civil Code of the Russian Federation, Art. 619. Other factors specified in the document (Article 450 of the Civil Code of the Russian Federation) may also serve to early termination of the lease agreement.

    Important: the landlord has no right to prematurely terminate the lease without a good reason, without first warning the tenant.

    The warning must be in writing and fall into the hands of the tenant in advance (the term “in advance” means a reasonable period of time during which the tenant can find another place to live, collect and transport personal belongings).

    Who needs a receipt

    Mostly, the person who pays money for housing needs a receipt. Thus, this person can protect himself in an unforeseen situation and prove his case. If for the calculation the tenant transfers the money in cash, then in this case it is especially important to have a receipt for receiving funds, since in which case it will not be possible to prove the fact of the transfer.

    If payment is made by sending money to a bank card, then this condition is not so necessary, since any bank payment can be tracked. But for personal certainty, and in such a situation, you can take a receipt only if the landlord is not located at a far distance, for example, in another country (this simply does not make much sense).

    It is advisable to indicate the purpose of the payment when transferring the required amount to the bank card of the owner of the apartment. Bank employees will always be able to provide proof of payment in a conflict situation.

    Rules for issuing a receipt

    Receipt for receiving money for renting an apartment: sample

    There are no established standards by which you need to draw up a receipt, so we can say that the preparation of paper is carried out in a free format. It can be filled in manually, or text typed on the keyboard.

  • Full name of the landlord and his passport data (if necessary);
  • Full name of the tenant and his passport data (if necessary);
  • The amount of transferred funds;
  • Description of the fact who exactly pays the money and for what service;
  • A living signature of the owner and the tenant (the concept of "living signature" is a signature put by the hand of a citizen in order to be able to prove authenticity through handwriting examination if a dispute arises).

Is the receipt legally binding?

A receipt for receiving money for renting an apartment has legal force

The answer is it has. Any receipt for the transfer of funds is legally binding, despite the fact that it is drawn up in free form. The proof of authenticity is the "live" signatures supplied by the two parties.

Regarding whether it is necessary to certify this paper with a notary, it is more up to the tenant to decide here. Of course, the certified document is not disputed and is automatically considered real, but it is worth considering the fact that the certification process is not free.

The minimum cost for certification is the payment of the state fee, which is 200 rubles (Article 333, paragraph 24 of the Tax Code of the Russian Federation). Notary services also cost money, but here prices can already vary.

Of course, it is safer to decide to notarize the receipt, but the tenant himself has the right to decide whether it is worth it. It is necessary to assess all the risks, as well as to think about whether such a situation is possible in which litigation is required.

How long is a receipt valid?

The validity of the receipt on the fact of transfer of payment for renting an apartment is three years from the date of signing. Such a period is provided for and is common to all civil cases. Like any other valid document, it is recommended to keep the receipt until the very end of the term.

It is logical that the idea arises that this paper is unlikely to be needed, because after two or more years, you can forget not only about the payment being made, but also about this apartment in general, if you have already moved out of it for a long time.

The receipt is drawn up so that during the rental period there is proof that the tenant lives legally and fulfills all his obligations specified in the contract.

It is possible to sum up, which suggests that drawing up a receipt is highly desirable, because the state will not be able to protect the interests of the tenant if the necessary evidence is not provided. By renting an apartment legally, that is, with the preparation of an official lease agreement, with the subsequent signing of receipts, a person can protect himself in an unforeseen situation and not be left “out of the blue” in the end.

It is better to initially treat this procedure with responsibility and not neglect the preparation of receipts for the transfer of funds.

Video material will teach you how to write a receipt correctly:


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Useful information. Samples of documents required when renting an apartment.

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LEASE CONTRACT

"____" ________________ 200 __ St. Petersburg No. ____________

We, the undersigned
__
___________
registered at: _______________________________________________________________
_
____________________________________________________________________________________
hereinafter referred to as the "Landlord" on the one hand, and
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
hereinafter referred to as the "Employer" on the other hand, have entered into this agreement on
as follows:

1. Subject of the contract and other general provisions

1.1. Under this lease agreement, the Landlord undertakes to provide the Tenant with
temporary possession and use of a free isolated living space suitable for
permanent residence in it for a fee.
1.2. Under this agreement, the following accommodation is provided:
(apartment, residential building, part of an apartment or residential building)
hereinafter referred to as "the Premises".
1.3. The premises belong to __________________________________________________ on the right
property, confirmed by __________________________, registered in
____________________________ "_______" _______________________________ 200__ for No. _______.
1.4. The room has total area ______ sq.m., including residential
area ______ sq.m. The room is equipped with hot and cold water supply,
sewerage, electric lighting, gas supply and telephone.
1.5. Also, the following household items are transferred to the use of the Tenant
and conditions in accordance with the inventory of property (Appendix 1).
1.6. In accordance with this agreement, in addition to the Tenant, the Premises will be constantly
the following citizens reside:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
1.7. Citizens permanently residing together with the Tenant have equal
rights to use the Premises. Relations between the Employer and such citizens
determined by law.
Responsibility to the Landlord for the actions of citizens permanently residing with
The tenant, in case of violation of the terms of this contract of employment, is liable
Employer.

2. Obligations of the parties under this agreement

2.1. The landlord undertakes:
— to transfer to the Tenant a free Premises in a condition suitable for habitation;
– guarantee the Tenant at the time of signing this agreement the fulfillment
the following conditions: The premises are not leased (lease), not alienated, not mortgaged, not
in a dispute, under prohibition (arrest) is not, is not a subject of debt, freely
from claims of third parties;
- to carry out the proper operation of the residential building in which the
leased Premises, provide or ensure the provision of the Tenant for
payment of necessary utilities, ensure the repair of common property
apartment building and devices for the provision of public services located in
indoors;
— visit the Premises to check the order of its use and condition only in
the presence of the Tenant once in _____________________ with prior approval
date and time at least __ days (___) before the date of the intended visit.
- make major repairs to the Premises;
- offer the Tenant to conclude an agreement on the same or other conditions, or
notify the Tenant of the refusal to renew this contract in connection with
decision not to lease the Premises for at least a year (if the Landlord does not
fulfilled this obligation, and the Tenant did not refuse to extend the contract, the contract
shall be deemed extended under the same conditions and for the same period).
2.2. The tenant undertakes:
— use the Premises only for living, ensure the safety
Premises and maintain it in proper condition;
– not to reorganize and reconstruct the Premises without the consent of
Landlord;
— timely pay for the Premises;
- independently pay utility bills;
— carry out current repairs of the Premises;
— not prevent the Landlord from visiting the Premises in accordance with the conditions,
established by this Agreement;
— vacate the Premises upon the expiration of the lease period established by this Agreement.
— compensate the Landlord for harm (damage) caused to the Premises or property as a result of
misused or misused during the rental period specified
this Agreement.
2.3. The Landlord is not entitled to re-equip the rented Premises without
consent of the Tenant, if such re-equipment significantly changes the conditions of use
rented Premises.

3. Fee amount and payment procedure

3.1. By agreement of the parties, the contract establishes the payment for accommodation:
____________________________________________________________________ rubles in
month. Payment is due by the ______ day of the month preceding the due date.
period.
The prepayment is __________________________________________________ rubles
for _______ months.
3.2. The cost of paying utility bills is borne by ____________________, who
undertakes independently on a monthly basis until the ____ day of the month following
paid, pay:
- communal payments;
— electricity;
— gas;
- phone.
3.3. Specified in clause 3.1. accommodation fee is final and not reviewable
subject to.

4. Duration of the lease

4.1. The term of the contract of employment is established from "______" ________________ 201_
according to "______" _____________________________________ 201__ inclusive.

5. Termination of this agreement

5.1. The tenant has the right, with the consent of other citizens permanently residing with him,
terminate this agreement at any time with written notice
Landlord for three months.
5.2. This agreement may be terminated by court order at the request of
Landlord in the following cases:
- non-payment by the Tenant of the fee more than two times after the expiration of the established
by this agreement of the payment term;
— destruction or damage to the Premises by the Tenant or other citizens, for actions
which he answers.
5.3. This agreement may be terminated by court order at the request of
either party to the contract:
— if the Premises cease to be suitable for permanent residence, as well as in
in the event of an emergency;
- in other cases stipulated by the housing legislation.
5.4. If, after warning the Employer about the need to eliminate the violation,
The employer or other citizens for whose actions he is responsible continue
use the Premises for other purposes or violate the rights and interests of their
neighbors, the Landlord has the right to terminate the lease agreement in court.
5.5. In the event of termination of the lease agreement in court, the Tenant and
other citizens living in the Premises at the time of termination of the contract,
subject to eviction from the Premises.

6. Enforcement of obligations

6.1. When transferring the Premises, the Tenant transfers to the Landlord to guarantee payment
by the Tenant of the payments provided for by this agreement, and compensation for property
harm (damage), an amount in the amount of (_______) rubles.
6.2. The specified amount is returned to the Tenant no later than five banking days from the date of
the end of the lease of the Premises, minus the debts of the Tenant on payments,
provided for by this Agreement and compensation for harm (damage).
6.2.1 In the event of unpaid telephone bills in accordance with
clause 3.7. exposed for the rental period under this Agreement, the Tenant undertakes to pay
to their Landlord within one day from the date of presentation.
6.3. Absence of debts on payments provided for in clause 3.2. actual agreement,
documented by the Tenant.
6.4. At the end of the lease of the Premises, the Landlord is entitled to compensation for damages
(damage) by a substantial deduction from the amount of funds specified in clause 6.1.
actual agreement. The remaining amount is returned to the Tenant within five banking
days from the end of the lease term.

7. Procedure for the transfer of the Premises and property

7.1. The Landlord undertakes to provide the Premises for temporary possession and use
with "______" _________ 200_g, when transferring an apartment, the Parties draw up a Transfer Certificate
apartments and properties.
7.2. The transfer of the Premises and property to the Tenant is formalized by the Act of termination of employment
apartments.
7.3. The premises and property are transferred by the Tenant and accepted by the Landlord in a state
in which they were leased, taking into account their natural depreciation (wear and tear).

8. Final provisions

8.1. Upon the expiration of this Agreement, the Tenant shall have priority
the right to conclude a lease agreement for the Premises for a new term.
8.2. This agreement comes into force from the moment of its signing, drawn up on ____ pages
in ______ copies, one for each of the Parties having equal legal force.
8.3. An integral part of this Agreement from the moment of signing is the Act
transfer of the Premises (Appendix 2) and Inventory of property (Appendix 1), drawn up in two
copies, one for each Party.
8.4. All corrections and additions to the text of this Agreement have this
legal force only if they are mutually certified by the Parties or their authorized
representatives.
8.5. All disputes arising between the Parties in connection with the execution of this Agreement,
resolved through negotiations, and in case of impossibility of the latter, in the manner prescribed by law
okay.
6.8. Addresses and details of the parties:


__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________


passport: series ______________, number ______________, issued by ___________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________

Signatures of the parties: Landlord ___________________ Tenant _____________________________

I agree with the terms of this agreement (the owners of the Apartment and constantly
residents over 14 years of age)
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________

Act
Transfer of the Apartment and Property to the lease agreement No. ______ dated ______________
Saint Petersburg.

Hereinafter referred to as the Landlord, on the one hand, and _______________________________________
____________________________________________ , hereinafter referred to as the Employer, on the other hand, hereinafter referred to as the Parties, have drawn up this Act as follows:

1. In accordance with the rental agreement, the Landlord transferred, and the Tenant accepted for temporary paid possession and use ____ room apartment (room), located at: _________________________________________________, hereinafter referred to as the Apartment, the keys to the Apartment, as well as the Property, respectively with paragraph 3 of this act.
2. During the inspection of the Apartment, the following state of the objects of the Apartment was established:
plumbing _______________________________________________________________
floor _________________________________________________________________
ceiling ______________________________________________________________
walls________________________________________________________________
window _________________________________________________________________
electrical wiring _________________________________________________________
doors _________________________________________________________________
other _________________________________________________________________
3. Together with the Apartment, the Landlord transferred, and the Tenant accepted for temporary paid possession and use the following Property:
Name Completeness / Serviceability
________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
4. The readings of the electric meter on the day of signing this act are _______
5. The indicators of the metering device (meter) for the consumption of cold water on the day of signing this act are _________________________________________________
6. The indicators of the metering device (meter) for the consumption of hot water on the day of signing this act are _________________________________________________
7. The Tenant has no claims to the transferred Apartment (including the sanitary and technical condition).
8. The keys to the Apartment were handed over simultaneously with the signing of this act.
9. This act is drawn up in two copies, having equal legal force, one for each of the Parties.

Landlord: __________________________________________________________________________
(full name, signature)
Employer: ___________________________________________________________________________
(full name, signature)

"___" _____________ 20 ___

RECEIPT for receiving money

St. Petersburg "____" ________________ 201__

I, ____________________________________________________________________________
registered at: _____________________________________________________________
___________________________________________________________________________________
I give a receipt that I have received money in the amount of ______________________________
___________________________________________________________________________________
from Mr. _______________________________________________________________________________
the passport ____________________________________________________________________________
as a two-month advance payment for the rent of an apartment I own at: ________
___________________________________________________________________________________
___________________________________________________________________________________,
for which I undertake to lease to Mr. ____________________________________________
______________________________________ the apartment I own at the above
address for the period from ___________ to _____________.

In case of damage to the property located in the apartment, this amount will be withdrawn by me in
as compensation for material damage caused, while the tenant will
immediately denied further rent of the apartment.

An inventory of valuables in the apartment is attached.