The transfer for use of real estate already rented at the moment is a completely legal activity, referred to in Russian law as sublease. Nevertheless, it is necessary to transfer an apartment to third parties according to certain rules in order to avoid conflicts with the owner of private property.
Features and benefits of sublease
Transfer of a rented apartment to third parties is quite possible and is often quite a profitable event. For example, a tenant has managed to find housing at a better value, but he is unwilling or unable to terminate an existing lease agreement. In this case, he can rent the first apartment to other tenants at a higher price, and he himself can live in the second one, which will allow him to receive additional income.
In accordance with the Civil Code of the Russian Federation, the transfer of private property to sublease should be carried out only with the consent of the owner. At the same time, the corresponding opportunity must be spelled out in the original lease of real estate: if the owner has forbidden to rent the apartment to anyone else, the tenants have no right to act in their own interests. Finally, the sublease period should not exceed the lease term, which is again negotiated in the agreement with the owner of the living space.
Protection of the owner's rights when subletting an apartment
The owner of private property must be extremely responsible in drawing up the terms of the contract for renting it out. In no case is it allowed to transfer real estate to other hands by oral agreement: in this case, the tenant is endowed with significant rights to dispose of the property received, including being able to sublease it on his own terms.
If the owner is not sure whether it is worthwhile to allow someone to re-lease the property, as well as to give the tenant other rights, it is necessary to include a special clause in the agreement, according to which the terms of the agreement can be changed at any time, or it can be terminated unilaterally … On the one hand, the absence of visible prohibitions in the contract will not scare off potential tenants, and on the other hand, it will always be possible to require the tenant to stop certain actions in relation to real estate.
In addition, the lease must have a clearly defined period of validity, provide for the amount, methods and terms of payment (including utility bills), and also contain an inventory and condition of the property in the apartment. It is also advisable to insure the apartment along with the property in order to remain calm about it. Only these measures will protect the property from illegal and dangerous actions on the part of the tenant and sub-tenant.
Defending the rights to private property
The owner of the living space needs to know the names of all persons rented in accordance with the contract, as well as contacts for communication with them. If unauthorized persons or other signs of violation of the lease agreement are found in the apartment, you must immediately contact the tenant and find out all the details of the situation.
If the tenant has violated the contract and began to sublet the housing without the owner's knowledge, it is necessary to demand from him the termination of illegal actions under the threat of termination of the contract on temporary use of the property. In case of refusal to perform the appropriate actions (or if the person does not get in touch), the owner must apply to the magistrate or district court at his place of residence, making a statement of claim.
In the claim, state what rights of the owner were violated, and also attach copies of the lease agreement and certificate of ownership of the apartment. Please note that the application must be drawn up on behalf of all co-owners of the living space, indicating their passport details (husband and wife, who are in the share of relatives, etc.). You will also need to indicate the details of all tenants involved in the violation. It is advisable to inform about the presence of witnesses (for example, neighbors or a district police officer) who could record the fact of illegal residence of unauthorized persons in the apartment. After considering the case, the court will issue an order to evict the sub-tenant from the apartment and revise the terms of the agreement with the owner.
