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What is rent?

Thus, rent- this is a set of payments for the fact of owning property, expressed in cash or in kind and transferred monthly or for other periods of time. The rent does not necessarily have to have a market formation mechanism: the agreements reached between the owner and the tenant are at the forefront. At the time the lease is established, the tenant actually owns (but is not the owner and cannot dispose of) the property, using it for its intended purpose and is responsible for its safety.

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

Rent may be established for any movable and immovable property, in particular for:

• Apartments and other living space (all Chapter 35 of the Civil Code of the Russian Federation).
• Transport and other equipment, rental (installed).
• Land plots ().
• Financial assets (leasing).
• Enterprises and buildings.

Types of rent

Calculation of rent can be established within the framework of the contract, as well as within the framework of methods predetermined by law:

• Periodic or one-time payments paid before the expiration of the lease term. Payments can be fixed or floating, depending on the volume of additional services spent during the process. This type is the most applicable.
• Counter lease, expressed in kind. An option is possible in which the property is transferred into ownership, that is, payment in kind occurs. The parties determine a guaranteed period that serves as the necessary compensation for the transferred item. The term of a lease with a similar fee is determined by the duration of the counter lease.
• Income from doing business carried out in a rented property. In this case, the interest rate is set, applicable both before and after. In practice, this type of rent is significantly inferior to fixed payments, since it introduces uncertainty and the risk of fraud for the lessor. The person acting as the employer informs about income, and the owner provides rent report.
• Investments in the appearance and communications of the rental property. It is often mixed with fixed payments, allowing not only to receive money from rented property, but also to restore the quality of housing and vehicles.
• Other benefits and services provided by the tenant to the owner. In particular, the tenant may provide business services that would otherwise be provided only on a commercial basis.

Resolution of the Supreme Arbitration Court No. 3484/07 allows the mixing of the above types of leases in any proportions established relative to a certain market value of the lease. If the rent is set in cash, the amount of the rent is directly indicated within the contract.

Determining the amount of rent

The amount of payment is closely related to the type of rent, which is defined in the contract. If the rent is a certain proportion, the person renting the premises is obliged to provide documents on the basis of which the payment will be made. rent calculation according to the specified formula. In particular, certificates from the tax office or cash receipts are applicable.

Fixed payment, including paid in a lump sum, is determined by the terms of the contract, which prohibits unilateral increases in rent. Since it is voluntary, the legislator assumes that the parties are able to independently determine the value of owning property based on market indicators. In this case, the tenant undertakes to pay the fee regularly on the basis of Article 614 of the Civil Code of the Russian Federation. This clause defines the most important obligation, the violation of which may lead to a revision of the agreement.

Procedure for payment of rent

Rent cannot be paid unless the property is transferred for use. Otherwise, the payment procedure is as follows:

1. Persons planning to enter into a lease agreement jointly (or the owner alone) determine the cost of the agreement.
2. An agreement is concluded according to the sample, within the framework of which the validity period of the agreement is indicated. As a general rule, it is indicated one year. The document also includes the procedure for making payments and responsibility, supplementing the norms of the Civil Code of the Russian Federation.
3. The property is transferred into the possession of the tenant under an acceptance certificate. The document must contain the status of the subject of the transaction, as well as notes that the receiving party can make.
4. Payment is made to the current account of the lessor organization specified in the agreement, or transferred personally as part of a receipt, act or other receipt document. Lease payments that are not documented cannot be considered repaid.
5. If property or a lump sum payment is transferred as payment, and the terms of the transfer are not specified within the contract, the tenant is obliged to provide them within 30 days from the date of gaining access to the object.
6. At the end of the lease period, the current tenant has first right to renew the lease. At the same time, the rental price for it cannot exceed the supply of this object on the open market. The tenant can send a letter to reduce the rent if the market situation allows it.
7. All payments from the moment of payment become property, except in cases where the contract establishes a counter-lease. Thus, the tenant does not have the right to dispose of the funds and property assigned to the tenant under the agreement.

Early payment of rent

Civil legislation also determines that in situations where circumstances do not depend on the will of the tenant or landlord, early payment of rent is possible. Early payment does not always mean . In particular, if the tenant regularly violates the terms of the agreement and damages the property, the landlord may demand payment for two periods (usually equal to a month) established in the agreement.

The right to early payment of rent in favor of the owner can be used if the violation of terms is less than one month. Moreover, the landlord may require payment no more than one month in advance, which actually means prepayment. In case of judicial review, if the owner’s property is damaged as a result of the tenant’s actions and this requirement is set out in the application, the court may also force early payment of rent.

Also, early payment cannot cover the expiration date of the lease, even if the parties, guided by , decided to extend the lease terms.

The most popular questions and answers about rent

Conclusion

Rent is an effective tool for encouraging owners who do not independently use the subject of their rights. Rent can be set unilaterally or by agreement between persons. The transfer of property to other persons for a fee is discussed in detail in the Civil Code of the Russian Federation, the Land Code of the Russian Federation, as well as certain federal laws establishing:

• Mutual obligations to transfer property, funds and comply with deadlines between the tenant and the landlord.
• The need to pay rent on time.
• Various forms of payments, limited only by the terms of the agreement.
• Possibility of receiving payments ahead of schedule if circumstances so warrant.

Housing rent in Belarus– the amount required to pay for living in the so-called rental residential premises. By means a non-privatized apartment or one-apartment residential building. In this case we are talking about public rental housing, and the recipient of the payment is the state. There is also a rent for use leased from the owner (lessor).

A massive transfer of residential premises from “simple” public housing stock to rental stock was carried out in the summer of 2016. Starting from the first of July, citizens living in non-privatized apartments began to pay for their rental housing. The rental stock in the Republic of Belarus already exists, but in July 2016 its size increased significantly. It is worth noting that significant differences are expected in the calculation of payments transferred to this fund from a “simple” state fund or from official housing and in the calculation of payments for rental housing for those who are in line to improve their living conditions. The so-called people on the waiting list are now paying a much larger amount than will be done by those whose housing that was not privatized on time will be transferred to the rental category.

As for the payment for accommodation in premises owned by the state housing stock, to determine the amount of regular payments, one should rely on Resolution of the Council of Ministers of the Republic of Belarus No. 231 “On establishing the size of the basic rental value,” which came into force in April 2014.

To calculate the amount required to be paid in each specific case, . is taken as the main indicator. The rent for housing is calculated as follows: the base value is multiplied by the base rate of payment for living in an apartment, by the square footage of housing and by a coefficient. Citizens who did not privatize their housing before July 1, 2016, pay rent in accordance with the reduction factor.

The formula for calculating the amount of rental payments for the use of non-residential premises is as follows: the rental rate is equal to the base rate for populated areas, multiplied by the geographical coefficient, multiplied by the demand coefficient (a flexible value determined by agreement of the parties), multiplied by the coefficient of the purpose of use, multiplied by the additional coefficient The size of the rate depends on various factors, but it remains the highest in the capital of the country, and no significant changes in this regard are expected in the near future.

In accordance with the Law of the Republic of Belarus “On state social benefits, rights and guarantees for certain categories of citizens,” some citizens have the right to pay only half of the total amount:

• Those who took part in the Great Patriotic War
• Persons with disabilities of the first and second groups under certain conditions

If citizens are unable to pay for rental housing, they have the right to apply for inclusion of their rental housing in the social housing fund of the Republic of Belarus. If the property is recognized as a social premises, accommodation in it will be free. This is relevant for those who are eligible for social housing:

• Veterans and disabled people of WWII
• Children without parents
• Citizens whose families raise children with disabilities
• Citizens of retirement age who are unemployed
• Other categories of citizens

Rented housing is an excellent way out for those who cannot yet solve the housing problem, but at the same time do not want to pay exorbitant sums for rented square meters. How to get rental housing, what documents need to be provided and how much will it cost? The chief specialist of the housing policy department of the administration of the Pervomaisky district of Minsk, Elena Filipushko, helped to understand all the nuances.

Who is applying for a rental apartment?

– All citizens can get an apartment from the state housing stock, but some have advantages. The priority right to receive residential premises for commercial use of the state housing stock is given to citizens, due to the nature of labor relations, who do not own residential premises at their place of work, from among judges, prosecutors, young specialists, military personnel, scientists, university teaching staff, workers of cultural organizations. Separate lists for the provision of rental apartments are compiled for senior district inspectors, employees of the Investigative Committee and the Office of the Department of Financial Investigations, prosecutors, and judges.

Where to go and what documents to provide?

– Citizens registered as needing improved housing conditions submit an application for rental housing at the one-stop service of the district administration in which they are registered. A sample document will be issued on the spot; you only need to have your passport with you. Those applying for housing from work must submit an individual application from the organization. The document specifies the length of service, family composition, term of the contract, indicates the address of a specific residential premises and the basis for its provision. The maximum period for consideration of an application is one month. During this time, they work with each application individually: they study it at the housing commission, and if approved, they consider it at a meeting in the district administration. If the application is approved, then within three days a package of documents is prepared in three copies: for the applicant, the settlement and reference center where the rental agreement is drawn up, and the third for the housing department, which will issue the keys to the coveted living space.

– The monthly payment for a rental apartment is calculated according to a certain formula. The total area of ​​the premises is multiplied by 0.2 basic values ​​and the coefficient of the economic-planning zone of the house's location. Thus, Minsk is conditionally divided into five economic planning zones: the closer to the center, the higher the value. For those who received living space while working, a reduction factor is applied (this does not apply to residents of the Magister residential area in Minsk). Rent calculations are carried out by settlement centers. Payment can be made at bank branches, at the post office or through the ERIP system. Don’t forget that you need to pay off utility bills separately.

What kind of living space can you expect?

– The list of available rental premises can be found on the official websites and stands of district administrations. In recent years, fewer applications have been received. If a couple of years ago there were more than a hundred applications for a one-room apartment, now there are about 50-60. “One-room apartments” are in demand, the second most popular are “two-room apartments,” followed by “three-room apartments.” Sometimes the wishes of citizens do not coincide with reality: for example, we cannot give a two-room apartment to a family without a child. At the moment, in the Pervomaisky district of Minsk there are about 2,348 rental apartments, and there are few available.

Why can you lose your removable meters?

– The maximum rental period is five years, but you can lose your living space earlier. Grounds for terminating a tenancy agreement may include non-payment of rent, two months' arrears of utility bills without a valid reason, leasing premises to third parties and other violations of housing legislation. For those who became tenants of an apartment for the period of employment, the reason for eviction will be the termination of the contract with the organization that provided housing. You can also be left without residential premises if, after making a positive decision on the provision of a rental apartment, you do not contact the settlement center to conclude a rental agreement within 15 days. In this case, the residential premises are returned to the vacancy register.

Russian villages continue to experience a shortage of qualified doctors, teachers and other social workers in 2020. To ensure an even distribution of the workforce throughout the Russian Federation, the “Housing for Young Specialists” program was launched.

Description of the program

A social project at the federal level, focused on providing working youth in the village with their own houses and apartments - a way to attract university graduates to remote settlements.

State support consists of providing housing for young professionals, namely providing them with subsidies for such conditions:

• preferential lending with a rate of 5% per annum for 10 years;
• the payment amount can be up to 70% of the price of a house or apartment in the corresponding locality;
• Debt repayment is carried out in small equal parts - from each salary of a specialist.

A young education or healthcare employee must reside in the village on a permanent basis. Moreover, he is required to work in rural areas for at least five years from the date of receipt of the subsidy.

Providing funds not in the form of irrevocable assistance, but in the form of a loan encourages young people to take action and eliminates the mood of dependency.

Personnel who come to work in the village as part of the “Housing for Young Professionals” program can buy real estate on the primary or secondary market, as well as build a house.

Conditions for participation in the program

Many graduates of Russian universities do not strive to move to rural areas because they believe that it is quite difficult to fulfill the conditions of government programs for young specialists.

In fact, anyone can get on the waiting list to receive a subsidy. You should start moving towards your goal by preparing a package of documents, which includes:

• an application, the form of which can be requested from the municipal housing department;
• copy of passport (with mandatory notarization);
• certificate from the place of employment (budgetary institution in the relevant locality);
• certificates from the municipality in form 7 and 9.

It is worth paying attention to the fact that the state program “Housing for Young Professionals” is designed for citizens who meet the following criteria:

1. Age - no older than 35 years.
2. Availability of professional education appropriate to the place of work.
3. Work in your specialty for three or more years.

A program participant can count on subsidies from the state only if he started working in his specialty within three months from receiving his diploma or is still in his final year of study.

The status of a young worker is maintained for three years from the date of commencement of work.

Do you need information on this issue? and our lawyers will contact you shortly.

Features of the program

Subsidizing young professionals who decide to realize their professional potential in rural areas has a number of features.

• Preferential lending

Funds for the purchase of housing are by no means allocated free of charge. State support takes the form of a preferential loan for a period of 10 years at a rate of 5%.

• Availability of own capital

As with mortgage lending, the employee will be required to provide a down payment of at least 30% of the price of a house or apartment in the relevant locality. The state is ready to provide the remaining 70% of the amount.

Important point: Each region sets a limit on the maximum cost of housing, taking into account which the amount of the subsidy and the down payment is calculated.

• Cumulative nature

If a worker comes to a rural area without savings, this does not mean that he has no chance of receiving a subsidy. If he submits an application for participation in the program and it is approved, he will be given 18 months to save a third of the cost of housing.

• Repayment in equal installments

Covering the debt is distributed over the entire period of ownership of the funds, and therefore comes down to small monthly deductions from the young specialist’s salary.

A young employee can repay a soft loan at any time without penalties or commissions.

Additional benefits of the program

In order to attract graduates of higher and secondary specialized educational institutions to rural schools, they are also provided with:

1. Preferential conditions for renting housing in state-owned properties (during the waiting period).
2. The opportunity to purchase comfortable and modern housing through the construction of new housing complexes in partnership with construction companies.

A young teacher can build himself a house in the village from scratch, rather than buying it ready-made. In this case, the subsidy covers 50-70% of the costs of constructing the facility.

As for doctors, the “Zemsky Doctor” subprogram was launched especially for them, which provides for:

• provision of a “lifting” allowance in the amount of about 1 million rubles;
• conditions for temporary residence.

The allocated amount must also be used to purchase a house, apartment or build a residential property.

Extension of the status of a young specialist

Participation in the “Housing for Young Professionals” program is possible only for three years from the date of employment in the specialty.

However, there is a number of cases, which can increase the validity period of the “young specialist” status.

These include:

1. Conscription of an employee into the army for compulsory or civilian alternative service.
2. Sending an employee for advanced training to another location or abroad.
3. Admission to graduate school (only if studying full-time) and preparation for defending a dissertation research.
4. Stay on maternity leave until the baby reaches three years of age.

If the above conditions are met, the term of the “young specialist” status is extended for the entire period of the young specialist’s absence from the workplace.

How to get into programs in 2020

Not every specialist who decides to devote his life to working in rural areas can be on the waiting list to receive a state subsidy. To participate in the housing program, young professionals were provided with certain conditions.

In 2020 there are scroll remained the same:

• the participant must be no older than 35 years of age at the time of submitting an application for participation to the municipal housing department;
• specialized education may not be his first;
• The employee must not own residential real estate;
• the young employee must live in the village or be ready to move to it for permanent residence.

If the housing is dilapidated or does not meet the requirements for a comfortable place to live, then the employee can count on receiving a subsidy. In this case, the real estate is sold, and the amount received becomes part of the down payment when applying for a preferential loan.

After a specialist receives a subsidy, he is required to work in the village for at least five years. If he does not meet the limit established by regulations, he faces arrest and confiscation of the property acquired through the subsidy.