It is possible to rent out an apartment under a general power of attorney. The trustee can collect documents, look for tenants, check the apartment and conclude contracts. By default, the document is valid for 3 years
In recent years, there has been a tendency when the owner of an apartment does not live in the country or city where the apartment is located. Renting out a residential property is always an opportunity to get additional profit. But how do transactions take place if the copyright holder cannot come to the city to sign an agreement with tenants? Then the renting of the apartment takes place under a general power of attorney.
Renting out an apartment by proxy
The general power of attorney makes it possible to dispose of the object under the conditions previously agreed upon with the owner. It allows you to conclude a lease and lease agreement, represent the interests of the owner in various government agencies, and receive money for transfer to the owner's account. A special clause can prohibit any other real estate transactions with the apartment. A general power of attorney is often filled out when it comes to buying and operating vehicles.
The document is issued for 12 months or three years. Termination of the power of attorney is possible earlier on the initiative of the owner. Please note: after the registration of the form, the representative does not acquire any rights with respect to the apartment, since they remain with the principal. At the same time, the representative has the right to receive benefits from the transaction, including income.
How to rent out an apartment under a general power of attorney?
To complete the transaction, you will need the same list of documents that the owner would have presented. But the passport should not be the principal, but the guarantor. It is advisable in the course of the transaction to present the original of the title deed for the area that will be leased. If it was purchased before 2000, this is a certificate of ownership, and after this period - a document on state registration of property rights.
Additionally provided:
- personal account from a utility company;
- extract from the house book;
- a statement from all owners about their consent to the conclusion of the transaction, if the object is in shared ownership.
Registration of the transaction can be successful regardless of the citizenship of the principal. If a document is issued abroad, it must be notarized with an apostille at the Russian consular department. The power of attorney itself is printed by a notary according to the sample. In this case, a visit to it can be made by subjects together or apart from each other.
Some features
Many citizens who are faced with the need to fill out a power of attorney for the first time do not know that there are different types of this document. The general type implies a wide range of activities with the living space. No clarifications are made on the content of the document, since the form is standard. The principal can always renew the contract. The trustee is often entrusted with the need to check the premises, if there are sufficient grounds to revoke the contract, if the persons who decide to rent an apartment do not fulfill the conditions for payment.
A one-time power of attorney can also be issued. It can be used to complete the preliminary collection of documents or directly at the conclusion of the transaction. For example, the wife's permission is prepared if she is the second owner or copies of all the documents of the spouse are made. The representative's powers are terminated when the principal receives all the necessary documents to conclude the transaction. Conditions under a power of attorney can be considered fulfilled if a rental agreement for housing with a specific person has already been concluded on certain conditions.
There is also a special kind. When drawing up such a power of attorney, the owner gives the right to conclude a deal with his authorized representative, but under certain conditions. For example, a contract can only be concluded with students, women, or married couples. In this form, the price, payment terms, recipient of the amount and other conditions are prescribed.
Thus, an apartment can be rented out under a general power of attorney. The document is issued for a maximum of three years, before registration and registration with a notary, a state fee is paid. The principal can terminate the contract at any time. When the property is leased out by power of attorney, taxes are paid by the owner, if only he receives income. If the right to receive funds lies with the trustee, then he pays taxes. Pitfalls should not arise if you discuss everything in advance with a trusted person.
