An independent reference on renting a home. We neither let nor find housing and are not an agency; we are not connected with the former site on this domain. Not legal advice.
Basics
Every tenancy agreement answers a few simple questions: what the home is, who provides it, who will live there, what it costs and how long it will last. Below is a short overview of the concepts that everything else in this guide builds on.
A good tenancy agreement is boring. It holds no surprises, because everything important was discussed in advance.
This page summarizes the general provisions of Chapter 35 of the Russian Civil Code, without taking into account what your own agreement says. Rules in other countries differ — check your local tenancy law. When a case goes beyond these explanations, it is wiser to show the papers to a lawyer.
What the deal consists of when a home is provided to live in for payment.
Under a residential tenancy agreement, the landlord gives the tenant a home for payment, to possess and use for living in (Article 671). The key words are payment and living: the flat is handed over so someone can live in it, and they pay for that.
In Russia, the rules on residential tenancy are set out in Chapter 35 of the Civil Code. People usually say "renting a flat," but in the Code the agreement under which a home is provided to live in is called a tenancy agreement for residential premises.
A tenancy agreement is made in writing (Article 674). A verbal arrangement leaves both sides with nothing to rely on: later it is hard to prove the rent, the dates or what was promised to be fixed.
Who takes part in the agreement and what is usually expected of each.
The person who provides the home: the owner, or someone the owner has given a power of attorney. The landlord is usually expected to provide a flat fit to live in and to keep promises about repairs and payments exactly as written.
The person who receives the home to live in and pays for it. The tenant is usually expected to pay on time, take care of the flat and its contents and report breakdowns promptly.
The agreement should list the people who will live permanently with the tenant. This matters to both sides: for example, early termination under Article 687 requires their written consent.
How long the agreement can last and what happens when the term is coming to an end.
A tenancy agreement is concluded for a term of no more than five years. If the agreement does not state a term, it is deemed concluded for five years (Article 683).
An agreement for up to one year is called short-term. Some of the rules in Chapter 35 do not apply to it, so with a short term it matters all the more what the agreement itself says.
When the term of an agreement other than a short-term one expires, the tenant has a priority right to a new agreement. No later than three months before the term ends, the landlord must offer to renew on the same or other terms or give notice of refusal (Article 684).
Which payments are worth agreeing on in advance and putting in writing.
The amount of rent, the payment date and the method are best stated directly in the agreement. Keep proof of every payment, whether receipts or transfer statements, until all accounts are settled.
What people casually call a "deposit" or "pledge" is, in the Civil Code, a security deposit (Article 381.1). The terms for returning it and the cases when something may be withheld from it are best written into the agreement.
Who pays for what — the tenant, the landlord or both — is up to the parties. The main thing is to write the arrangement down so it cannot be read two ways.
Income from letting a home is taxable in Russia. How the tax is paid depends on the landlord's status, so check the details on the website of the Russian Federal Tax Service.
Step-by-step checklists: verifying the owner, the handover report and inventory, utilities, breakdowns, guests and pets, ending the lease and getting the deposit back.
The tenancy agreement, handover report, inventory, proof of payment, power of attorney and notice of termination: why you need them and what to check.
A glossary of renting terms: landlord, tenant, short-term tenancy, handover report, security deposit, encumbrance.
Short answers about the form and term of the agreement, the security deposit and utilities, moving out, disputes and scams.
This guide summarizes Chapter 35 of the Russian Civil Code, "Tenancy of Residential Premises," and Article 381.1 on the security deposit. The rules change from time to time, so before signing, check the current version on the official legal information portal and the text of your own agreement, and if a dispute arises, talk to a lawyer.