What is the amount of the security deposit? What is a deposit when renting an apartment? Purpose and benefits

Renting apartments, like other residential premises, is a rather complicated process. When concluding a lease agreement, both participants risk falling for scammers or simply unscrupulous people, because of whom they risk suffering losses.

Based on this, many owners began to demand payment security deposit. This concept is not new, but it is quite rare to encounter it. Let's try to figure out what a security deposit is, and also learn a number of features of drawing up a lease agreement with a security deposit.

What does a security deposit mean when renting an apartment?

- a certain amount of money that is paid to the landlord by the tenants. The essence of this payment is that in the event of unforeseen circumstances, the owner will simply keep this money for himself and compensate for the damage at their expense. At the same time, he will not have to look for tenants, ask them for compensation, or go to court to receive compensation.

Almost always, apartments are rented together with furniture and household appliances. Having a closet, sofa, refrigerator, stove and more makes life a lot easier for the tenant who can simply pay the rent and move in without having to worry about a thing. But on the other hand, there is an owner who, when renting out his property, is exposed to constant risks.

These risks are as follows.

Damage to property or theft;

Damage to plumbing or repairs in general;

Accumulation of unpaid utility bills;

Tenant leaving without paying for accommodation;

Bay of neighbors.

This list can be continued indefinitely, but the essence remains the same - the landlord risks incurring losses due to careless tenants.

It is important to know that legal documents do not indicate this clause regarding a lease or rental agreement. This means that it is not mandatory.

It is also worth immediately understanding what can be called damage and what cannot. During the rental process, residents are given items that they regularly use.

Long-term use of an item will certainly lead to the fact that it will lose its presentation and will clearly not be new. So, this is considered depreciation, and not damage at all.

That is, if the property has slightly lost its marketable appearance, but is still in good working order, there can be no talk of any compensation. In turn, if the residents break something, smash it, burn it or steal it, this is damage that can be compensated for by the security deposit.

The security deposit is a negotiable amount, and is often equal to the amount of the monthly payment for renting an apartment.

How to draw up a rental agreement correctly

Of course, you can draw up an additional agreement on the creation of a security deposit. But it is much easier to simply add this clause as another condition of the contract.

In this case, you should not just write “Security deposit - 5000 rubles”, but describe where and how this amount can be spent by the owner of the apartment. Also indicate when the money will be transferred to the deposit account.

A similar clause can be included in a lease or rental agreement and described in detail on the basis of Article 329 of the Civil Code of the Russian Federation. This article also states that when it comes to a security deposit, the amount, conditions and terms must be precisely defined.

Often, the security deposit is handed over either to the property owner, or a deposit account is opened in a bank. You can open a security deposit in absolutely any bank, because this is a simple and standard banking procedure.

This option is the safest, because each participant knows where the money is stored. In addition, the deposit amount is constantly growing due to interest.

You can transfer the amount in cash to the owner, but then you must take a corresponding receipt from him stating that he accepted the money. Also, parties to the agreement can choose any option convenient for themselves.

It should be noted that the security deposit has a serious connection with the act of acceptance and transfer of property. Experts recommend always drawing up a transfer and acceptance certificate, because this document allows you to fully indicate the list of property being rented out and indicate its condition.

The use of the security deposit will apply specifically to damage to things that were indicated in the acceptance certificate as being in good working order.

When a security deposit is not taken when renting an apartment

It should be said right away that the condition of the security deposit is not mandatory to be included in the contract. A lot of leases and rental agreements are concluded without this condition.

But there are still circumstances in which including this item is not the best idea:

The rented premises do not have any furniture or equipment;

There are no expensive repairs or any valuable items in the rented premises.

In a word, everything depends on the wishes of the owner. If he doesn’t feel sorry for things or he is confident in his tenants, he has every right to omit the clause on the security deposit when drawing up the contract.

Refund of security deposit

The return of the security deposit to residents is a mandatory procedure, which indicates that all issues regarding the property and its condition have been resolved.

If all the property was transferred back to the owner safe and sound, he must return the security deposit in full. Also, if the deposit was in a bank, all interest received on the amount must also be transferred to the employers.

If property damage does occur, you must proceed as follows. The property owner must notify the tenants of the damage, and then they must agree together on how much money should be spent to cover the damage or repair costs.

It's easiest when it comes to household appliances because it's easy to find out their price and repair costs. The situation is much more complicated when it comes to damage to tiles, linoleum, parquet or other coatings.

If the owner and tenants were able to agree, then the agreed amount remains with the landlord, and the remainder is transferred to the tenants. If it was not possible to reach a common denominator, the owner has every right to go to court. The employer also has the same right if the owner does not want to return the security deposit or asks for too much compensation.

There are often cases when the damage far exceeds the amount of the security deposit. In this case, the parties can either reach an agreement on their own or go to court to determine the amount that will cover the damage caused.

Advantages and disadvantages of renting with a security deposit

First, let's look at the advantages of renting with a security deposit for the owner of the rental property:

You don't have to worry about the safety of your property. As practice shows, if there is a security deposit, then employers are more careful and careful with their property;

There is no risk that residents will not pay utility bills. It’s just important not to forget to indicate in the contract that the security deposit can be used to pay for utilities;

There is no risk that tenants will run away and not compensate for the damage.

For the tenant, such a point is not entirely positive. On the one hand, if the tenant agrees to pay a security deposit, the owner begins to treat him better and trust him more.

On the other hand, if the owner is unscrupulous and the transfer and acceptance certificate was drawn up carelessly, the tenant may lose money for alleged theft or damage to any things. To avoid this, it is necessary to study the texts of all documents as carefully as possible before signing.

Very often, the security deposit is also called payment for the last month of residence. This is quite convenient, because the owner immediately receives the required amount, and the tenant can, at the end of the contract, live off this amount for the last month.

Let's consider the list of all the points that should be indicated in the contract to avoid most problems and disagreements:

Transfer and acceptance certificate;

Procedure for compensation of damages;

Rights and obligations of each party;

Conditions for the return of the security deposit;

Conditions for termination of the contract.

Sample apartment rental agreement with security deposit

LEASE AGREEMENT FOR APARTMENT (RESIDENTIAL PREMISES)

Moscow

« ____ » _____________ 20 __

Mr. _____________________________________________________________________ ___________________________________, hereinafter referred to as the “Lessor”, on the one hand, and

Mr. _____________________________________________________________________
_________________________, hereinafter referred to as the “Tenant”, on the other Party, collectively referred to as the “Parties”,
have entered into this Agreement (hereinafter referred to as the Agreement) as follows:

1. The Subject of the Agreement

The Lessor, for a fee, provides residential premises owned by him to the Tenant for use for living in it.

The specified residential premises are located at the address: Moscow, st.____________________

house no. ______ apt. No. ______, hereinafter referred to as “Apartment”

The apartment belongs to the Lessor on the basis of _________________________________
_______________________________________________________________________________
_______________________________________________from _____ registered in the register, under No. ________________, a copy of which is attached to the Agreement as Appendix No. 1, which is an integral part thereof.

The apartment has the following characteristics:
living area: _______ sq. m.
number of rooms: _______.

2. Rights and obligations of the Lessor

2.1. Provide the Tenant with the Apartment in a condition suitable for habitation, and the equipment installed in it, as well as other property specified in Appendix No. 3 in good condition within ______________ days after signing the Agreement.
The transfer of the Apartment is carried out by the Parties by signing the Acceptance and Transfer Certificate of the Apartment in the form specified in Appendix No. 2 to the Agreement.
2.2. The Lessor guarantees that the Apartment at the time of conclusion of the Agreement is not in a legal dispute, under arrest, and is not encumbered with the rights of third parties.
The Lessor undertakes:
2.3. Furnish and equip the Apartment in accordance with Appendix No. 3 to the Agreement.
2.4. Do not interfere with the Tenant’s lawful use of the Apartment.
2.5. Carry out maintenance of the Apartment and the equipment in it.
2.6. Pay all utility bills for the Apartment during the validity period of the Agreement, with the exception of electricity bills, as well as for long-distance and international telephone calls made from the phone _____________________________. At the same time, the Lessor guarantees that at the time of concluding the Agreement there are no debts on the specified accounts.
2.7. The Lessor has the right ________ once a month on the _____ day of each month to visit the Apartment and carry out an external inspection of its condition, having notified the Tenant about such a visit ________ days in advance.
2.8. In the event of damage to the Apartment, furniture and/or equipment, the Lessor has the right to withhold the amount of damage agreed upon in writing with the Tenant from the security deposit.
2.9. Accept from the Tenant the Apartment and the property and equipment located in it, specified in Appendix No. 3 to the Agreement, no later than _________ days from the date of termination of the Agreement.

3. Rights and Obligations of the Tenant

3.1. The Tenant is obliged to use the Apartment only for living, ensure the safety and maintain in proper condition the Apartment and the property and equipment located in it, specified in Appendix No. 3 to the Agreement.
3.2. Timely pay rent for the Apartment to the Lessor within the time limits and in the manner established by this Agreement and pay bills for electricity consumption, long-distance and international telephone calls.
3.3. The Tenant has no right to sublease the Apartment.
3.4. Inform the Lessor on all issues and circumstances related to the Apartment. Communications must be timely and complete.
3.5. Have pets in the Apartment only with written permission from the Landlord.
3.6. Carry out repairs or make any changes in the Apartment with the written permission of the Landlord.
3.7. Transfer to the Lessor the Apartment, property and equipment specified in Appendix No. 3 to the Agreement, received by him in accordance with the Apartment Acceptance and Transfer Certificate, in good condition, taking into account normal wear and tear, no later than _________ days from the date of termination of the Agreement.
3.8. Maintain silence at night, do not carry out repair work at night, morning and evening hours, as well as on weekends.

4. Terms of Payment

4.1. The monthly rent is set at __________________________
_____________________________________________________________________________ .
4.2. The first payment will be made by the Tenant to the Lessor in the amount of ___________________________________ (__________________________________________)
for the first ______ month(s) of the rental period and a security deposit in the amount of ________________
_________________________ (____________________________________________________)
within ______ banking days from the date of signing the Agreement.
4.3. Further payments will be made in advance monthly/quarterly until the ______ day of the paid period.

5. Responsibility of the Parties

5.1. The Tenant is responsible for damage to the Apartment, property and equipment, as well as adjacent premises caused by the fault or gross negligence of the Tenant and/or members of his family, his guests, as well as pets. Natural wear and tear is not taken into account when determining damage.
5.2 The Lessor is responsible for the shortcomings of the rented Apartment, furniture and equipment that completely or partially prevent the use of them, even if at the time of concluding the Agreement he was not aware of these shortcomings, with the exception of the shortcomings that were agreed upon by him at the conclusion of the Agreement and are reflected in Appendix No. 2 to the Agreement.
5.3. If payment for the Apartment is delayed by more than _______ banking days, the Tenant shall pay a penalty in the amount of _______% of the timely unpaid amount for each day of delay.
5.4. Payment of the penalty does not exempt you from fulfilling your obligations under the Agreement.

6. Grounds for early termination of the Agreement

6.1. The Agreement may be terminated at the request of either Party if the other Party does not comply with the terms of the Agreement. In this case, the Party on whose initiative the Agreement is terminated is obliged to notify the other Party in writing _______ days before the termination of the Agreement.
6.2. The Tenant has the right to terminate the Agreement at any time by notifying the Lessor in writing ______ month(s) prior to termination of the Agreement.
6.3. The Lessor has no right to terminate the Agreement unilaterally before the end of the lease term if the Tenant complies with all the terms of the Agreement, except for the case specified in clause 6.4 of the Agreement.
6.4. In case of violation by the Tenant of its obligations under the Agreement, the Lessor has the right to early termination of the Agreement on the grounds and in the manner provided for by the Civil Code of the Russian Federation.
6.5. In the event of termination of the Agreement, the amount of the prepayment for the Apartment and the security deposit, minus the agreed amounts of damage to the Apartment, furniture and equipment, if such damage was caused through the fault or gross negligence of the Tenant and/or members of his family, as well as guests and pets, shall be returned to the Tenant no later than 7 (seven) days from the date of termination of the Agreement. Natural wear and tear is not taken into account when determining damage.

7. Duration of the Agreement

7.1. The rental period is ______________ days.
7.2. The rental period begins from the moment the Apartment is transferred by the Lessor to the Tenant.
7.3. The Agreement may be extended by agreement of the Parties, as well as in cases provided for by the Civil Code of the Russian Federation.

8. Force majeure

8.1. The Parties are released from partial or full fulfillment of obligations under this Agreement if this failure was a consequence of force majeure circumstances that arose after the conclusion of this Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.

9. Additional terms

9.1. The following persons will live in the Apartment with the Tenant:
1. __________________________________________________________________________
2. __________________________________________________________________________
3. __________________________________________________________________________

9.2. Damage to the Apartment, furniture and equipment caused by the fault or gross negligence of the Tenant and/or members of his family, his guests or pets, which is not a consequence of natural wear and tear, is recorded by the Parties in writing.
9.3. All disputes and disagreements that are not resolved by the Parties through negotiations are referred to the court. The parties have agreed that legal disputes arising between them from the Agreement will be considered in court at the location of the Lessor.
9.4. All changes and additions to the Agreement are made in writing and are an integral part of the Agreement.
9.5. This Agreement is signed in two copies, one for each of the Parties, having equal legal force.
9.6. The Agreement comes into force from the moment it is signed by both Parties.

10. Addresses for notifications and bank details of the Parties

Landlord
Mr./Ms. _____________________________________________________________________
Passport
Address:
Fax machine:
Tel.:
Mobile:
Bank details:

Tenant
Mr/Ms: ___________________________________________________________________
Passport
Address:
Fax machine:
Tel.:
Mobile:
Bank details:

11. Signatures of the Parties

Tenant _____________________ Landlord _______________________

APPENDIX No. 2

To Lease Agreement No. ______ dated _____ _______________ 20___

ACT OF ACCEPTANCE AND TRANSFER OF THE APARTMENT

"____" ____________________ 20____

This act has been drawn up and signed in two copies between
________________________________________________________________ (Tenant) and

______________________________________________________________ (Lessor) on the basis of the above-mentioned Lease Agreement.

The Lessor hereby transferred and the Tenant accepted the Apartment located at the address:
Moscow, _________________________________________________, house No. ___, apt. ___ (Apartment).

The Apartment was transferred by the Lessor and accepted by the Tenant in a condition consistent with the terms of the Lease Agreement and Appendices No. 1 and No. 3 thereto.

The Landlord handed over and the Tenant accepted ______ sets of keys to the Apartment.

The inspection of the Apartment did not reveal any obvious deficiencies, other than those that may be indicated in the attached list:

_________________________

_________________________

_________________________

_________________________

_________________________

LESSOR _________________________

APPENDIX No. 3

to Lease Agreement No. _____, dated _____________ 20____

Bedroom

Curtains

Double bed

Nightstand

Wardrobe

Table lamp

TV

Living room

Sofa/sofa

TV stand with shelves

Coffee table

TV

Curtains

air conditioner

Kitchen

Kitchen stove

Dinner table

Fridge

Dishwasher

Microwave

Hallway

Wardrobe

Coffee table

a guest room

Desk

air conditioner

Curtains

Double bed

Nightstand

Bathroom

Washing machine

Dryer

TENANT _________________________

LESSOR _______________________

What is a deposit when renting, renting and renting out an apartment and what does it mean? A rental security deposit is the amount that the owner takes from the tenant to ensure the safety of the property located in the apartment. Usually it is equal to the monthly rent and is transferred to the lessor on the day of signing the rental agreement and transfer of the main amount of accommodation for the first month.

This amount is returned to the employer under the following conditions:

• if the tenant is evicted and the tenancy agreement is terminated;
• if at the time of eviction the apartment and property are transferred to the owner in their original form.

REFERENCE: The deposit amount is not refunded if, during inspection of the apartment, the owner reveals damage or shortage of property. In this case, the money will be used to compensate for the damage.

Basic Concepts

What does a deposit mean when renting and renting an apartment? Many people often confuse the concepts of “deposit” and “deposit” when renting and renting an apartment, passing one off as the other, or even believing that they are one and the same thing.

The security deposit is a payment transferred by the tenant to the owner, and serves as confirmation of a serious intention to rent housing for a specified period. Just like the deposit, it is equal to the monthly rent.

The main difference from the deposit: it compensates for the cost of monthly rent. The need to take this contribution is dictated by the following: tenants are often evicted without warning after 1-2 months of residence, which creates additional problems for owners who want to rent out an apartment for a long term. Having received the deposit, the owner will be left with monetary compensation in the event of an unexpected departure of the tenant.

How to rent out an apartment as collateral? The amount can be used by the tenant as rent for the last month of residence. If the term of the rental agreement comes to an end and the parties do not want to renew it, then the tenant has the right to either return the deposit paid or live the last month in the apartment for free.

IMPORTANT: Do not confuse the security deposit and the rental commission. This amount is given one-time to the intermediary for providing services in finding housing or a tenant. Its size depends on the cost of monthly rent. Usually this is 50-100% of the payment.

Is it required?

Whether to require a security deposit or not is up to the owner to decide. There is no such article or clause in the legislation obliging to draw up a rental agreement with an insurance payment. That is why tenants who want to rent a home with a minimum of initial costs often do not agree to pay a deposit or security deposit.

Rent without deposit: how is it? Some people consider the condition of making a deposit when renting an apartment to be illegal. Is it so? The legislation does not precisely define such concepts as a security deposit or collateral. However, these concepts and the situations in which they can be applied are found in the Civil Code:

1. According to Article 329 of the Civil Code of the Russian Federation, a pledge is one of the forms of securing the fulfillment of obligations by the employer to the owner.
2. In accordance with Article 1064 of the Civil Code of the Russian Federation, a person who causes damage to a citizen’s property is obliged to pay monetary compensation. Since the insurance payment is made precisely as compensation for possible damage, the owners’ demands for its payment are quite legal.

How to apply?

If the owner requires payment of the security amount, the transfer of funds must be documented. A separate agreement may be concluded between the parties to the transaction, which should indicate the amount, date, purpose of the money and conditions for the return of funds.

Another option is a receipt. However this type The document only records the acceptance and transfer of money, but does not establish the conditions for their return and use in the event of damage to property. The best option for registering the insurance amount is to include data about it in the rental agreement as a separate clause.

Drawing up a rental agreement

What should be specified in the clause of the apartment rental agreement:

1. Exact amount (in numbers and words).
2. The obligation of the tenant to return the apartment upon eviction in its original form and condition.
3. The owner has the right to keep the money if the apartment loses its original appearance or the property is damaged at the time the tenant evicts.
4. The landlord's obligation to return the security deposit or deposit in full if the apartment is handed over to him by the tenant in the same condition in which it was accepted.

To avoid disputes regarding the condition of the property, it is advisable for the parties to the transaction to draw up an inventory of all valuables. Then both the owner and the tenant will be able to accurately determine whether damage was caused to the property or not.

Return: is it possible and in what case?

All security insurance payments are returned if the tenant has complied with all the conditions specified in the contract. The tenant has the right to demand back the amount paid if the apartment was used for its intended purpose, all utility bills were paid in full, and the property was preserved in its original form.

However, some unscrupulous owners find various reasons not to return the money, for example, passing off the natural wear and tear of the premises as damage.

What to do if they don’t give it back?

Is the deposit for renting an apartment refundable and how? Go to court with statement of claim , attaching a copy of the rental agreement, a copy of the passport and information about the owner. If the apartment owner does not return the deposit due to a temporary lack of money, promising to return the amount in a couple of weeks or a month, then you must make a receipt.

What to include in it:

• amount;
• date of compilation;
• debtor's obligation;
• passport details of the parties;
• the deadline by which the money must be returned.

If before specified period the money will not be returned, then with this receipt you need to go to court by writing an application for the issuance of a court order.

Search for accommodation

More and more owners prefer to take a deposit, trying to protect themselves from unscrupulous tenants.

How to withdraw without additional costs?

Necessary:

1. First you need to ask for help from relatives, friends or colleagues. Probably one of them or someone they know is renting out an apartment. Usually, when renting out housing through an acquaintance, the owners do not charge any additional payments.
2. Another option is to find inexpensive housing with modest renovations. As a rule, the owners of such apartments do not require a deposit, since the property inside is not of particular value, and potential residents are not always ready to pay a security deposit.
3. If you like the apartment, but don’t have extra money to pay a deposit, then you can always reach an agreement with the owner, asking him to split the amount over 2-3 months.

Bottom line

On the one hand, the owner’s requirement to pay a deposit does not allow quickly finding a tenant. Not every employer is ready to pay both the first month's rent and the deposit at once. On the other hand, this method of renting out an apartment is safe and reduces the risks of damage and theft of property.

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When real estate is taken into use, as a rule, its owner, when signing the contract, requires the tenant to make additional payments in the form of a deposit, a deposit or a security deposit.

For the uninitiated legal subtleties the listed amounts may seem synonymous. But in reality this is not the case, so let’s look into the nuances.

When is a security deposit applied when renting premises?

The legislation regulating rental relations does not provide for such a concept as a security deposit. Meanwhile, owners of residential and non-residential real estate often include clauses about it in the agreement with the tenant.

What is such a rental payment? This is the amount that covers damage caused to the property owner. For example, a tenant, due to a negligent attitude to his duties, worsened the condition of the premises, damaged it, and appropriated the property located there. In this case, the losses incurred will be covered from previously provided funds.

A rental deposit may be required in other cases. For example, it could be:

• delay in paying rent for one or more months;
• refusal by the tenant to compensate for utilities;
• early vacancy of the premises without the consent of its owner.

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If the tenant turns out to be in good faith, then at the end of the contract the entire amount is returned to him in the agreed manner.

A deposit under a lease agreement is a payment to cover the landlord’s possible loss for damage to his property or other violations of rights. It does not count towards the rent. If there is no damage, the amount is refundable.

Collateral has different functions. The main one is the financial consolidation of the tenant’s intentions to rent housing for a certain period. The amount of the deposit is equal to the first and last month of rent.

Does it make sense to enter into an agreement with a deposit?

This is a benefit for the landlord. These funds provide a guarantee of the safety of his property. However, any thing can get worse without the tenant being at fault. In official parlance this is called normal wear and tear.

For example, a faucet in a kitchen or bathroom has become unusable due to its “old age”. In this case, it would be wrong to cover the costs of its repair through insurance. Therefore, if the owner insists on it, it is advisable for the tenant to stipulate special conditions in the agreement.

Contents of the apartment rental agreement with a deposit and basic conditions

Regardless of whether a residential property or a commercial property is being rented, agreements should be made in writing. The characteristics of the object transferred for use are indicated (address, area, number of floors, intended purpose). Further points follow regarding rent, compensation for other expenses, payment deadlines, mutual rights and obligations of the parties. It is necessary to stipulate the mutual responsibility of the parties to the transaction, the procedure for resolving disputes, and early termination of the contract.

In relation to the security deposit, it is necessary to specify its amount, the procedure for making it, as well as cases in which the lessor has the right to keep the payment made. The entire refund procedure should be documented in writing.

Sample rental agreement with deposit

The form of the agreement is standard. The only thing is that a separate section regarding insurance is added to the contract form. A separate paragraph emphasizes that it is not counted toward the rent and can be returned upon expiration of the lease term.

The amount of payment is not regulated by law and is established solely by agreement of the parties. Practice shows that if the apartment is without a special set of furniture and with minimal repairs, the amount of insurance can be equal to the monthly rent. However, exceptions are quite possible. There are options when the amount of the deposit is calculated based on the estimated value of the property or the value of the items in it.

The parties determine the payment independently and there are no restrictions here.

As a conclusion, we emphasize that the use of a security deposit when renting non-residential premises It is not regulated by civil or other legislation. It is established exclusively by agreement, acting as a kind of guarantee that the property or interests of the owner (lessor) will not be damaged by an unscrupulous tenant.

It cannot be considered as payment for the last month of rent, since it has a completely different function in the relationship between the parties. If all the terms of the agreement are fulfilled correctly, the property is returned intact and intact, then the money deposited is transferred to the tenant in full.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

To resolve your issue, fill out the following form or call the numbers listed on the website, and our lawyers will advise you for free!

Renting an apartment is one of the most common schemes for making money in the real estate market. But this type of activity is associated with some risks. Therefore, agencies use certain techniques to protect the interests of both parties. This article will focus on the security deposit.

Flat rent

Since the rental process is a risky business, those who are looking to make money on their own apartment are wise to use certain types of protection against potential damage or fraud.

A deposit 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 housing itself. In addition, in the event of sudden insolvency of the tenants, the security deposit will allow the landlord to avoid financial losses.

In most cases, the deposit when 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 (3-4) at once. If we consider the situation with luxury real estate that is rented out, then it makes sense to expect a requirement to pay the annual cost.

Security deposit under the rental agreement

Some agencies take a slightly different approach to such a tool for compensating possible damages. We are talking about a scheme in which such a deposit is not considered as a security deposit or for the last month of rent.

This money cannot be used to pay rent; its only purpose is to guarantee the financial security of the apartment owner in the event of damage to his property by tenants. Therefore, when understanding what a deposit is when renting an apartment, it is worth taking into account this approach to the rental process.

Refund of a deposit

The peculiarity of using the insurance amount when renting an apartment becomes clear at the end of the lease. When the last month of living in the apartment has been paid for, the owner takes over the real estate from the tenant, which means inspecting the condition of the housing and property in particular.

If any damage was discovered (furniture was damaged or repair questions arose), then a security deposit, which is kept by the apartment owner, is used to compensate for it. The remaining funds after payment of the damage are returned to the tenant. If there are no complaints, the owner gives the entire amount to the tenant.

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

How to properly register with a deposit

Initially, it is worth noting that the current legislation of the Russian Federation does not provide grounds for clearly defining the conditions for the return of the security deposit. For this reason, based on 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:

• payment of rent that does not meet the established deadlines;
• damage caused to property located in the apartment;
• unilaterally 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 rental agreement for an apartment with a security deposit contains all the reasons why a security deposit may be withheld. It would be a good idea for the tenant to check the conditions for returning the security deposit.

It is advisable for each party to ensure that all their interests are respected. For example, if the apartment owner insists on stipulating the tenant's liability for early termination of the contract, the tenant, for his part, can demand the same from the property owner.

Receipt for transfer of funds

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

The receipt itself must include the following information:

• landlord's passport details;
• the amount of the accepted payment;
• 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 payment may be divided 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 transaction is important, since otherwise it will be difficult to prove anything in court.

How to accept an apartment after concluding a 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-refund. We are talking about claims from the owner of the apartment regarding In order to avoid accusations that are not true, it is worth taking photographs of the state of repairs, equipment and furniture at the time of move-in.

After photographs are taken and attached to the contract, they must be certified by signature from both parties. Thus, the main reason for a problem-free rental can be identified as the exclusion of potential controversial issues at the very beginning and at the contract level.

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

Possible difficulties

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

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

An example is the loss of color saturation of curtains (fading in the sun), which the renter had no influence on. 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 question is also relevant, since both parties may not have the same opinion regarding the cost of the damage caused. A striking example of such a situation is a refrigerator breakdown. The owner of the apartment may require that this type of household appliance be completely replaced. The tenant, not agreeing with such a solution to the problem, is able to offer compensation for the cost of repairs. Obviously, the difference in costs will be significant.

Therefore, it is advisable to indicate such points in the contract from the beginning.

Having figured out what a deposit is when renting an apartment, the owner should take into account the following principle: the amount of the security deposit should be returned 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, you may find yourself having 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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