What is the insurance security deposit when renting. What is a deposit when renting an apartment? What should be considered when making an insurance deposit? Correct execution in the contract

In rental advertisements, we often see wording that seems to unambiguously imply additional costs for the employer: "deposit - one monthly payment", "payment - first and last month", "deposit" ... Anyone who does not want to delve into the legal intricacies can it seems that these are just different names for the same process - the relatively honest taking of money from the tenant. But let's look at it in order. Let's start with a security deposit.

What is a security deposit and what is it for?

First of all, the security deposit is not a deposit or payment for the last month of the lease. There are indeed other names for this instrument: for example, security deposit, security deposit. But it is important to understand that the differences from the deposit and prepayment are significant, and misunderstanding of this difference can lead to conflicts at the end of the lease relationship.

The essence of the security deposit is that the tenant credits to the landlord's account the amount agreed by both parties (it is often set in an amount equal to the payment for a month of residence, hence the confusion), in order to ensure compensation for possible damage to the rented property.

“When concluding a lease deal and instructing the apartment owners, we always say that the security deposit is a kind of refundable amount that in no way can be used as payment for the last month and has nothing to do with the lease collateral,” says Vadim Lamin, head of luxury apartments rental department at Penny Lane Realty. - A security deposit is a certain contribution equal to one rental rate, which provides comfortable conditions for the owner of the home in case of possible damage to the property of the apartment by the tenant. Let me tell you in more detail: the annual contract has ended, the tenant paid for the last month, the procedure of return transfer and acceptance of the apartment takes place, and here the insurance deposit, which was kept by the owner of the home, pops up. With the act of acceptance and transfer, the owner inspects the apartment. The owner asks if everything is in order with furniture, repairs, telephone bills, etc. " The amount of possible damage, refurbishment, and other costs of bringing the apartment back to its original form is estimated. After deducting these costs, the owner must return the amount of the security deposit to the tenant. If there was no damage to the property, the full amount of the security deposit is returned to the tenant. Thus, the main purpose of the insurance deposit is to protect the interests of the property owner.

“It would be more correct to call this type of payment a security payment. Its meaning is to ensure the obligations of the employer for the careful handling of the property of the lessor, - says Oleg Seregin, Deputy General Director of the Academy of Sciences DOKI. - It is levied in case of damage to the property of the renter. Refundable or non-refundable at the end of the term of employment. The amount of payment is calculated depending on the cost of furniture and household appliances. It happens that more is charged, sometimes less. Typically charged at 100% of the monthly rental fee. ”

What is the difference between collateral and security deposit?

A pledge or a deposit was originally the amount paid by a potential tenant in confirmation of his obligation to rent this apartment by a certain date (a kind of "booking"). In this understanding, the deposit is not currently applied for rentals, with rare exceptions. The wording "deposit - 1 month", which most often appears in advertisements for renting inexpensive housing, speaks precisely of the insurance deposit. “A security deposit when renting an apartment and a deposit when renting today are different names for the same concept.

The security deposit is taken at the time of the conclusion of the lease agreement and, as a rule, is equal to the monthly cost of the lease. The security deposit is never accepted as payment for the last month of residence, this is not a payment, it is a reserved amount of money in case of possible damage to the owner's property, unpaid utility and telephone bills, and so on, ”says First Deputy Director of MIEL-Arenda company Maria Zhukova.

In a word, there are two contents for the concept of a pledge: one of them, outdated, is the deposit, which is issued before the conclusion of the lease agreement, and the second is the security payment. By the way, confusion exists not only with the concept of collateral: the very concept of "insurance deposit" does not exist in the legislation. This leads to disputes on various occasions, which can be roughly divided into:

Disputes about the legality of using a security deposit for: securing obligations to pay rent and obligations to compensate for damage to rented property, as well as to compensate for early termination of a lease agreement.
Disputes about the legality of taxation of the insurance deposit (there is no generally accepted point of view on this, but it is more often believed that the deposit is not subject to personal income tax, since it is not income. Decisions regarding the payment of VAT on the amount of income tax received are made individually, based on the specific situation) ...

The use of the term "pledge" is quite acceptable, as well as the term "insurance deposit" when it comes to a security payment.

The security deposit can only be used to cover damages at the departure of the renter?

In some cases (specified in the lease / lease agreement), the security deposit can be used to fulfill the obligations to pay the lease and other obligations assumed by the tenant under the agreement. The insurance deposit is in essence a contractual way of securing the fulfillment of obligations, and obligations, according to the Civil Code, arise from the contract, due to harm and from other grounds. The parties have the right to establish in the contract specific types of obligations (including obligations to pay rent or rent, obligations from causing damage to the premises, etc.), for which an insurance deposit can be used, notes Alla Lyagina, Director of the Legal Department of IntermarkSavills.

The security deposit and the prepayment of the last month are completely different things, but if it is specified in the contract, the deposit can be used to pay for the last month. The landlords are not always willing to take this option, since it turns out that the last month of tenants' residence is not provided financially, and all breakdowns and violations in the event of conflict behavior of the tenant will have to be eliminated by the landlord at his own expense. However, if during a year (or more) relations with tenants developed without problems, most likely they will not have a desire to "win back" in the last month.

Is it possible to save on a security deposit?

It is unprofitable for a landlord to do without a security deposit, as he protects his property from damage. Based on today's practice, a deposit, in the economy class segment more often called a collateral, is mandatory in most cases. “An exception may be a room rented by renters living in the same apartment. This is explained by the fact that the owner has the ability to monitor the safety of the property and the timely payment of all bills, "notes Elena Merkulenkova, head of the Park Kultury department of Inkom-Realty.

“As a rule, the security deposit is not charged if the apartment is“ killed, ”but basically the landlord always sets a requirement for this amount to be paid. Both the landlord and the tenant must establish in the contract the procedure for withholding payment (if something happens), the procedure for determining the damage, as well as the procedure for returning, including the return period. As a rule, the payment is returned on the day of the end of the term of employment, ”notes Oleg Seregin.

The deposit is issued upon conclusion of the lease / lease agreement. An act of acceptance and transfer of property is drawn up, which lists all property (furniture, plumbing, household appliances, etc.) and its condition, defects are recorded. You can take a picture of the apartment and transfer a set of photos to each party (if the contract is concluded through an agency, this is most likely included in the standard package). It makes sense for the tenant to check in advance if there are any debts for utility and other payments in the rented apartment.

As for savings, the deposit is often broken (paid to the landlord by the tenants within 2-3 months), the term and procedure for making this payment are indicated in the contract: when it is paid, in what shares (if in parts) and at what time each part is paid, etc. For convenience, you can include in the contract a clause that, with the written consent of the lessor, the security deposit can be used to pay for the last month. The basis for the return of the deposit to the tenant will be the agreement and signing by the parties of the act of returning the property.

Many citizens today practice renting out their real estate. This kind of business has its own characteristics and subtleties.

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First of all, they relate to the execution of all the documents necessary in this case. Accommodation is usually provided on the terms of a lease.

One of the most frequent items, which is optional, but desirable, is the section on the deposit. This allows you to simultaneously solve an extensive list of various tasks at once.

But before you sign an agreement when renting an apartment with a deposit, you will need to carefully study all sections of the agreement.

Most often, all kinds of difficulties arise precisely because the parties do not understand the main provisions of this kind of document.

Basic moments

Separately, it should be noted that lease agreements for residential premises that are in municipal or state ownership have distinctive features.

The NAP under consideration contains a separate article -.

The main list of sections that must be present in an agreement of the type in question is reflected in.

Before you start drawing up the agreement form, if this process is carried out independently, you will need to carefully study this article.

Having bugs can be a serious problem. Especially if it is later used as a reporting document.

The format of payment for a dwelling that was rented out should also be covered in the contract drawn up between the renter and the lessor.

The type of such is determined precisely on the basis of the civil status of a particular property owner.

It will not be difficult to figure out what a deposit is when renting an apartment in St. Petersburg. On the territory of this city, there are standard rules for renting real estate.

In this case, you will need to carefully consider the formation of an agreement, which includes the need to pay a deposit.

Most often, all kinds of proceedings in court arise due to a lack of understanding by citizens of all the basic basic requirements for an agreement.

In turn, the parties to the contract need to carefully read the basic terms of the contract.

Only in this way it will be possible to avoid various difficulties, all kinds of negative consequences.

If the rights of one of the parties are clearly violated, it is necessary to try to resolve the issue peacefully.

Only if for some reason it was not possible to do this, you will need to go to court. Pre-trial proceedings are strictly compulsory as such.

Today, there are certain consequences associated with the termination and default of obligations that were previously secured.

In the absence of experience in conducting such activities regarding the lease, you will need to contact a qualified lawyer, realtor. You just need to remember that there are a lot of scammers working in this area.

What does a deposit mean when renting an apartment

Before you start using an apartment, you will definitely need to figure out what a deposit is and why it will be possible to legally use it.

There are a number of very different nuances associated with this type of amount. Moreover, those are enshrined at the legislative level.

It is theoretical training that will allow you to avoid a variety of technical difficulties when preparing documents.

The basic questions, which will need to be sorted out in advance, include today:

what is its essence;
difference from collateral;
return procedure;
what are the cons.

What is its essence

The main purpose of the deposit is to protect the interests of the lessor himself. It is assumed that the entire amount of such will be deposited with him or on a special account with the bank.

Access to which will only be possible under certain circumstances.

In turn, for a citizen who is an employer, such a deposit does not carry any practical benefit. At the same time, in the absence of it, it is usually impossible to rent a house at all.

In large cities, it is not uncommon for tenants to simply disappear and do not pay part of the rent.

They also spoil property inside the apartment itself or outside it. For example, there is flooding.

It is in such a case that you will need to pay a deposit. The amount depends on the cost of the apartment itself.

Difference from collateral

One important difference between collateral and deposit is the purpose of the funds used in this way.

It means paying for the last month of living in a particular apartment or paying off a debt in case of an unexpected congress of tenants without warning.

The deposit has a broader purpose - it can be used as compensation for damaged household appliances, as well as for other purposes. For example, if there is flooding of neighbors from below, it is different.

Return procedure

If there are no difficulties in renting an apartment, then the deposit can be returned. The order of implementation of such a procedure may be different.

If the contract was not concluded and the deposit was simply transferred from hand to hand, then it is possible to simply transfer it back in the same way. The situation is different if a formal agreement was concluded.

In this case, you will need to use, which will act as an official confirmation of the transfer of funds.

Since there are often cases when unscrupulous landlords or tenants go to court - although all the terms of the transaction were met.

That is why the best solution would be to make a non-cash settlement. In this way, the likelihood of deception will be excluded.

Video: the difference between Pledge and Deposit

Since banks store information about all transactions for a very long period of time. You will need to familiarize yourself with all the intricacies of the process in advance.

In some cities, the size of the deposit reaches quite significant amounts. Therefore, you need to be as careful as possible.

What are the disadvantages

Having a deposit or collateral has many different advantages. First of all, it concerns the person who pledges it.

Since the owner of the property will be financially protected from all kinds of difficult situations.

For example, from damage to property by the employer. Situations of this type occur. In turn, there are disadvantages. Renting out housing in this way is quite problematic.

Since the amount in the presence of a deposit increases accordingly when withdrawing immediately 2 times. The way out of this situation is to pay the deposit in installments, 50% each.

Renting an apartment is quite a profitable business, but it is risky, especially for landlords. Many property owners want to protect themselves and their property from dishonest tenants. The deposit acts as such a guarantor. A security deposit when renting an apartment is a kind of compensation for possible damage, an airbag for the lessor in case of damage to property or the formation of debt on utility bills. More details about this will be discussed in the article.

Security deposit when renting an apartment

What is a deposit when renting an apartment and how is it calculated? The amount of the contribution is determined by the parties for various reasons. Sometimes, it can be the average price for one unit of equipment in an apartment, or just some arbitrary amount, but more often the insurance payment is equal to the monthly payment for living.

When the lease comes to an end, the owner must inspect the premises and all the things in it. In case of damage to something, the amount necessary for recovery will be withheld from the deposit.

It happens that the size of the deposit is not enough. Then the tenant is obliged to pay the required amount. If, after buying a new thing or carrying out repairs, the funds remain, the owner of the premises is obliged to return them. It is possible that no damage will be caused to the apartment, and utility bills will be paid in full. Then the deposit is returned in full.

The insurance deposit is a guarantor of compensation for material damage in case of damage to property

Legal regulation of the insurance premium

There is no clear regulation of the deposit by law. It is indirectly affected by Articles 662 and 1064 of the Civil Code of the Russian Federation. The first says that all property transferred for temporary use must be returned in good condition, but taking into account natural wear and tear. That is, the landlord cannot demand from tenants to reimburse the repair of a crane dripping from old age or pay for the purchase of new curtains, since the old ones have burned out in the sun. But if the tenants' pets tore the wallpaper, or the tenants themselves, for example, broke the mirror, they must pay for the damage. This is evidenced by article 1064 of the Civil Code - to compensate for damage in any way by agreement of the parties.

Article 329 of the Civil Code calls on the parties to the contract to independently decide for what purposes, as well as under what circumstances, the insurance deposit will be used.

All this should be spelled out in the lease agreement or in the annex to it. Most often, the contribution is used:

to pay for the repair of a damaged item;
to buy a damaged item;
in case of non-payment of utility bills;
in case of early termination of the lease agreement unilaterally.

It is very important that all the points under which the landlord has the right to use insurance funds are spelled out in the contract. When it is determined what the deposit will be used for, as well as its size, it is time to pay the amount. You can transfer money in cash or by bank transfer. In both cases, a receipt must be drawn up containing the registered passport details of the parties and the amount that was transferred. In case of non-cash payment, an additional confirmation is a bank statement.

The amount of the security deposit is returned to the tenant at the end of the lease term

Property inventory act

Of course, the tenant also wants to protect himself and not pay money in vain. To avoid misunderstandings at the end of the lease term, it will not be superfluous to draw up an act of acceptance and transfer, which will describe in detail the state of the apartment. You need to paint everything, indicating all the features and nuances (scuffs, chips, scratches, and so on):

general condition of the apartment;
furniture;
technique;
plumbing.

Such an appendix to the contract will help the tenant feel more confident and avoid possible disputes between the parties. Be careful when drawing up this document, do not be lazy to specify everything in as much detail as possible. If something is missed, then in the future it will be difficult to claim damage for a breakdown or, conversely, to prove your innocence.

Additionally, it is worth indicating the status of payment of utility bills: meter readings, the presence of debt or overpayment. If possible, attach photographs of the apartment with all its contents to the act. All this must be certified by the signatures of the participants in the transaction. Of course, you can not draw up an inventory of the property, but in this case it will be difficult to prove when, for example, a vase was broken. Without the appropriate documents, all statements are unfounded.

How the deposit is returned

So, the lease is over - what will happen to the deposit? The landlord must check the apartment and property to make sure that the tenant is returning everything in good condition. If there are no claims, the sum insured is returned to the payer in full. The transaction, as with payment, is accompanied by a receipt. It must indicate that the amount of the security deposit was returned, its size, passport details and signatures of the parties.

Unfortunately, in practice, property damage is a fairly common phenomenon. If this fact was discovered, then under the lease agreement, the former tenant is obliged to compensate for the damage caused. If equipment or furniture is broken, you need to pay for repairs or the purchase of a new thing. If the repair is damaged, then cover the cost of materials and work.

Often, in the first case, the parties cannot agree on whether to repair or replace. And it is better to register this moment in the contract at the stage of the initial transaction. Most often, they choose what will cost less.

It may also happen that the amount of the insurance payment will not be enough to cover the costs. Then the tenant must pay the landlord the necessary difference. In the opposite situation, the remaining amount is returned by the landlord. When assessing damage, one should not forget about the aforementioned article 662 of the Civil Code of the Russian Federation, which refers to depreciation. Items may deteriorate due to normal wear and tear, and the tenant does not have to pay for this.
If the parties cannot come to a common agreement, then their dispute is resolved in court.

The security deposit is drawn up in the lease agreement

Advantages of a security deposit when renting an apartment

Not everyone agrees with the payment of the sum insured when renting a home, but more often both parties for its availability. It is the security payment that insures the interests of both the lessor and the lessee. But first of all, it provides security to the owner of the apartment:

Reduces the risk of property damage.
If damage is identified, you will not have to compensate for it from your own funds.
If you have unforeseen (unpaid) invoices, you will not need to pay them yourself.
At the request of the parties, you can register a lot of additional points where the insurance payment will be applied.

But everything is not so perfect: the deposit for the apartment may be much less than the damage caused. And the actions in this case are also better described in the contract.

At first glance, it may seem that the insurance premium is beneficial only to the owner of the apartment. However, this is not the case: he guarantees the guest the provision of the necessary living conditions. The disadvantages here include additional spending. But if the property is handled with care, then the amount of the deposit will be returned in full, and the tenant will not suffer any financial loss.

Renting an apartment without insurance

Having studied the real estate rental market, you will notice that not all homeowners require an insurance payment. Sometimes you can do without it. Most often, its use is refused in the following cases:

The apartment is unfurnished. But even then it makes sense to consider the option of a deposit - after all, there is at least plumbing and repairs, which can also be spoiled. For example, smashing a window or a sink.
The apartment is in poor condition. Here, as they say, "the owner is the master." The tenant agrees to live in such conditions, while saving on rent and a deposit - this is his choice.
A room is rented, while the owner of the apartment lives here and can constantly monitor the order and safety of the property.
Personal desire of the landlord.

But still, most often apartments are rented and rented with a security payment.

A security deposit differs from a pledge with a guarantee of return

The difference between a deposit and a pledge

Many people (both property owners and their tenants are guilty of this) do not understand the difference between mortgage and insurance payments. And it is very good if the transaction is made with the help of a real estate agent who can explain the difference between these concepts in an accessible way.

The deposit is a one-time payment that is transferred to the owner of the apartment at the time of the conclusion of the contract and, as it were, confirms the tenant's desire to rent this particular apartment. If for some reason the tenant changes his mind, the security deposit will not be refunded. The amount of the deposit is fixed and is equal to the payment for a month of residence. That is, in fact, the new tenant pays the landlord for two months of living in the apartment - for the first and for the last.

The further fate of the pledge must be documented. Most often there are two scenarios:
The amount remains until the end of the lease, and then simply covers the last month of living in the apartment. It is convenient for both parties. The owner of the apartment is not afraid that the tenants will move out and not pay.

It is simply beneficial for the tenant, since moving from place to place is a costly event, and here is a month of paid rent. The amount is returned to the tenant in 2-4 months, subject to timely payment of accommodation and utilities. This option is less popular, but not excluded.

Summing up, we can say that a security deposit is an excellent tool that provides additional protection to the property owner from possible losses. In practice, it has long been used in all civilized countries, and both sides have no doubts about its importance. The main thing that is needed when charging a security deposit is to correctly draw up an agreement, describing all the nuances, and then the insurance premium will really fulfill its main function.

Renting an apartment is one of the most common earning schemes in the real estate market. But this type of activity is fraught with some risks. Therefore, agencies use certain methods to protect the interests of both parties. This article will focus on the insurance deposit.

Flat rent

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

A pledge when renting an apartment is one of the tools to compensate for possible material risks associated with real estate. We are talking about damage to property and the condition of the home itself. In addition, in the event of a sudden insolvency of tenants, the security deposit will allow the landlord to avoid financial losses.

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

Insurance deposit under the lease agreement

Some agencies take a slightly different approach to such a tool to compensate for possible damage. This is a scheme in which such a deposit is not considered as a security deposit or for the last month of the lease.

This money cannot be used to pay rent, their only purpose is to guarantee the financial security of the apartment owner in case of damage to his property by the 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 sum insured when renting an apartment becomes clear at the end of the lease. When the last month of living in the apartment has been paid, the owner accepts the real estate from the tenant, which implies an inspection of the condition of the housing and property in particular.

If any damage was found (damaged furniture or questions about repairs), then an insurance deposit is used to compensate for it, which is kept by the owner of the apartment. Any funds remaining after payment of the damage will be returned to the tenant. If there are no claims, the owner gives the entire amount to the tenant.

If an agreement was used in the rental process, then there should be no problems with the return of the deposit. Thus, in this situation, a deposit when renting an apartment can be considered as a security deposit.

How to properly arrange with a pledge

Initially, it should be noted that the current legislation of the Russian Federation does not provide 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 the payment of the deposit will imply.

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

lease payment that does not correspond to the established terms;
damage to property located in the apartment;
unilateral without warning and before 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 for an apartment with a deposit contains all the reasons why the security deposit can be withheld. It will not be superfluous for the tenant to check the conditions for the return of the security deposit.

It is advisable for each of the parties to make sure that all their interests are met. 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 property owner.

Receipt for transfer of funds

The issue of registration must be resolved competently. Therefore, upon receipt of funds corresponding to the amount of the security deposit according to the contract, the owner of the apartment must write a receipt stating that the money has been transferred. This will save both the tenant and the homeowner from possible unpleasant nuances associated with paying the deposit.

The receipt itself must contain the following information:

the lessor's passport data;
the amount of the accepted payment;
date of confirmation of the transaction.

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 can be split into several months. If there was such an installment plan, then the party accepting the money needs to write a receipt for each paid part of the deposit.

Compliance with this format for concluding a deal is important, since otherwise it will be difficult to prove anything in court.

How to take an apartment after the conclusion of the contract

It is important not only to know what a deposit is when renting an apartment, but also to be able to competently protect yourself from possible reasons for its non-return. We are talking about claims from the owner of the apartment about In order to avoid accusations that do not correspond to reality, it is worth taking photographs of the state of repair, equipment and furniture at the time of entry.

After the photographs are taken and attached to the contract, they must be certified by both parties by signature. Thus, the main reason for a hassle-free lease can be defined as the elimination of potential contentious issues at the very beginning and at the level of the contract.

By the way, some owners of residential real estate cannot decide whether to make the amount of the security deposit in the income tax return or not. According to many lawyers, this is not worth doing, since these funds are not rent and are not used as income.

Possible difficulties

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

Another point worth paying attention to is the natural wear and tear of property and repairs. Sometimes tenants are accused of such changes, resulting in intense conflicts. But if you pay attention to the Civil Code, you will notice that the owner of the apartment has no right to demand financial compensation for normal wear and tear.

An example is the loss of color saturation in curtains (sun fading), which was not influenced by the renter. But if, say, the curtains were damaged by the tenant's active pet, then in this case the claims against him will be fair.

How to determine the amount of compensation

This issue is also relevant, since both parties may not agree on the cost of the damage caused. A striking example of such a situation is the breakdown of the refrigerator. The owner of the apartment may demand to completely replace this type of household appliances. The tenant, disagreeing with such a solution to the problem, is able to offer compensation for the cost of the repair. Obviously, the cost difference will be significant.

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

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

If you neglect this rule, then you may be faced with the need to pay for long long distance calls from former tenants.

Conclusion

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

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