Снять квартиру без посредников

Автор: admin  //  Рубрики: Аренда жилья

Снять квартиру без посредников

"Снять квартиру ... на длительный срок, недалеко от метро, с телефоном, без посредников, недорого." – типичное объявление.

Если задуматься, то ситуация складывается сумасшедшая. С одной стороны, есть множество людей, которым по каким-либо причинам необходимо снять квартиру, и есть люди, владеющие пустующей жилплощадью, на которой  они не против заработать.

С другой стороны, существует множество проблем, приводящих к тому, что потенциальных квартиросъемщиков и владельцев жилья можно представить находящимися  по разные стороны баррикад, что однозначно бьет и по карманам,  и по  нервам обе заинтересованные стороны.

Давайте попробуем разобраться, в чем же заключена проблема, и что же необходимо предпринять сторонам для исправления данной  ситуации.

Ключевая проблема, на мой взгляд, скрывается в несовершенстве существующего законодательства. Хотя сами законы очень подробно рассматривают практически все основные пункты коммерческого найма, они, все же,  несколько отстают от реальной жизни. А значит, их трудно применить на практике.

Я не стану сейчас подробно анализировать договор найма жилого помещения, а отмечу лишь основные моменты, мешающие, на мой взгляд, полноценному функционированию закона.

Для начала, большинство владельцев жилья искренне полагают себя благодетелями уже вследствие того, что сдали кому-то  свою квартиру (комнату). По их мнению, за одно это, им причитается не только ежемесячная денежная сумма, но и признательное отношение до конца жизни.

Однако по договору найма, в особенности долгосрочному, заключаемому на срок от одного года до пяти лет, их права по отношению к собственному жилью, значительно ограничены.

Положения такого договора во многом аналогичны с положениями договора о социальном найме и большей частью подходят для установки отношений нанимателя жилплощади и хозяина доходного дома, чем для владельца, который имеет всего одну (пусть даже и лишнюю) квартиру и собирается ее сдавать.

Краткосрочный же договор, заключаемый на срок до года, больше подходит для владельцев жилья. Поэтому именно такую форму агентства недвижимости и предлагают своим потенциальным клиентам.

Во-вторых, словосочетание «московская (питерская, саратовская и т.д.) прописка» не утратило своего волшебного звучания, и, несмотря на тот факт, что прописка переродилась  в регистрацию, которая может быть временной – на время действия договора, большинство владельцев жилья берутся за сердце, как только стоит о регистрации заикнуться.

В-третьих, приобретшее широкое сегодня распространение уклонение от налогов. Но как тогда призвать к ответственности недобросовестного арендатора, который может сказать, что он  оплачивает согласно договору.

Большинство арендодателей выбирает не заключать вообще никаких договоров, устраняясь, таким образом, от всех трех проблем сразу.

Есть еще один путь, которым пользуется  большинство бывалых квартиросъемщиков. Договор все-таки подписывается. Причем, хорошо бы на срок больше года.  В этом случае  он считается долгосрочным, и на него распространяются требования закона, регламентирующие как раз такой договор.

В нем указывается полная величина квартплаты. Но стороны не фиксируют договор в органах Госрегистрации, а значит, не оповещают государство о состоявшейся сделке.

Вообще-то, для каждой сделки с недвижимостью, к которым относится и найм жилья, обязательна  государственная регистрация. Без этого сделка не признается состоявшейся, а заключенный договор – имеющим силу.

Однако, если при ежемесячных расчетах брать с хозяев жилплощади расписку, в которой указано, что деньги переданы в качестве оплаты за жилье, то отношения по сделке признаются фактически наступившими.

Безусловно, такая «форма» договора годится только для приватизированных квартир. Данный способ, конечно, не совсем соответствует положениям закона, но является наиболее распространенным на сегодняшний день.

И под конец, немного советов для тех, кто  столкнулся с вопросом поиска жилья недавно.

Где искать и как искать? Да везде – где только можно. Оповестите о проблеме всех своих знакомых. Обратитесь во все известные Вам агентства недвижимости. Только не  в так называемые «информационные агентства».  Ни я, ни кто-то из моих знакомых не смогли найти через них квартиру в наем, а денежки-то отданы...

Подайте объявление в газету, нацарапайте его от руки или отпечатайте объявления на принтере, и расклеивайте их на все подъезды и столбы. Ну а  когда какая-то бабушка раскричится, что и так уже все стены облепили, попытайтесь ей понравиться и растолковать свою ситуацию. Старушки – они много знают.

О чем договариваться с владельцами? Вариантов много, но я точно не стану снимать квартиру, если хозяин откажется заключать договор или давать расписку о получении ежемесячной квартплаты.

В случае, когда в квартире стоит дорогая бытовая техника или мебель, хотелось бы составить опись имущества, подписанную обеими сторонами сделки.

Все другие условия будут определяться жизненными принципами хозяев квартиры и тем, как  срочно вам необходимо найти жилье.

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Снять квартиру. Как снять квартиру без посредников - 7 советов

 

 

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    Эх, сам с женой живу на съемной квартире, четыре раза уже переезжали 🙁 Как же это трудно найти жилье без посредников…

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