Rus Articles Journal

Sadovo - garden barratry of

it is not necessary to be the insurance agent to guess: the country house is much more vulnerable before various troubles, than the city apartment. How to reduce risks of rent for the owner and for the tenant of giving, the observer of “SP“ Ivan Marchuk found out.

If the contract for rent of giving was not made by

, the owner and the tenant should resolve all conflict situations by oral negotiations. The position is weak at both: if something happens to giving, it will be difficult for her owner to prove that such - that the resident in general there had a rest and though it is somehow involved in destiny of property. And the tenant who did not sign papers formally in general is in others house on the unclear bases. The Civil code does not know an oral form of the employment contract and therefore it turns out that the owner can ask the resident “to clear the room“ without explanation - having asked a simple question: “And you who such?“ .

“Last year my house was rented by the girl with the child, - Irina Goncharova, the hostess of giving around Lianozov tells. - As soon as it drove - the sewerage got littered. She called that I came running nearly at night and repaired everything. Still told that if knew about such problems, then would not agree to my conditions. I directly told: it is not pleasant - move down, nothing to repair I will not go. She understood everything and called plumbers“. The contract (and furthermore it which would describe obligations of the parties), of course, was not.

More exotic situation was described by IP Natalia Drozdova. Last year she without contract rented a lodge in 35 km from MKAD on Mozhayskoye Highway. Paid, as usual, the owner in a month ahead - $350.

Exactly in a week there were real owners of giving who as it appeared, handed over it to the nephew for symbolical $50 a month - and that, be not the fool, decided to earn additionally on sublease. Owners (who can be understood too) were ready aggressively: when Natalya gave a hint at the rights, they at first disconnected electricity, and then and water especially as it was technically simple to make it.

“I went to the chief of country cooperative and asked to include electricity - promised to pay, - Natalia tells. - That looked at me and asked: “And you what relation to the house have?“ “ The answer at Natalya was not, and she had to move down, without having received back the money paid the quirky nephew of owners (however, it is not excluded that all parties, except a sjemshchitsa, were in collusion). Therefore words which you agree about a giving sjema it is anyway better for p to entrust

to paper. It is usually accepted that utilities (except electricity) are paid by the owner of the house, he cares for availability of gas or firewood if in them there is a need. Separately makes a reservation who and in what terms will make small repair (the roof unexpectedly leaked, the toilet got littered, the cesspool was filled to toilet seat level, etc.) than the tenant on a site can use, and than - no whether it is possible to put something on beds. To make the standard employment contract much more simply, than it is accepted to think, but the probability of emergence of the conflict will be significantly reduced.

of the Rule of the agreement

Under the law it is very simple to p to sign the employment contract: it is enough to write the hand the document on a lease term and to assure its signatures the employer and the lessor. According to Art. 674 of the Civil code, it is quite enough if this is not about the agreement with the legal entity and the contract is signed for the term of less than one year. If longer rent is supposed, the document needs to be assured at the notary. The legal force of both papers is identical.

“Most of Russians do not represent that the simple paper supplied with two signatures can significantly help at the solution of the conflicts connected with rent“, - the lawyer of Yuris agency Leonid Arbukhov says. Only condition: surnames, passport data and addresses of registration of the parties, and also location of the house which is object of the contract have to be completely stated in this document.

“Formal occasions to demand cancellation of the simple short-term employment contract, can be only three, - Leonid Arbukhov says. - This double not introduction of payment, damage of premises and property or giving use not to destination (for example, you made of it sawmill or shop)“. It is very important to p to specify by

in the contract the term for which he is imprisoned. According to Art. 683 of the Civil code if term is not determined, the contract is considered the prisoner for five years. And for cancellation of such contract, mister Arbukhov notes, it is necessary that the rent was not brought within half a year.

to Differentiate responsibility for the most serious cases (for example if the house, God forbid, burns down) in the employment contract it will not turn out. Even if in it responsibility for any fire is conferred on the tenant - the lawyer warns: this point is unauthorized if the court decides that the resident is not guilty as ignition happened from - for old conducting which was not changed in time by the owner, or from a lightning stroke.

is present

In the standard contract no instructions on responsibility in case something breaks. There it is said only that “the employer bears responsibility to the lessor and the third parties for the damage caused to property through his fault or a carelessness“, and still - that “all disputes are solved by negotiations, and in case of default of agreement - according to the legislation“.

However when terms of rent and payment are registered and stipulated, can be let in particular and to stipulate difficult cases in the section “Additional Conditions“.

“It would be ideal to p to describe all equipment and a condition of the house, to specify who has to be responsible for maintenance and the correct operation“, - the area manager of rent of Miannedvizhimost corporation Gulnara Rakhmangulova tells.

Of course, the known complexity performed by contractual obligations exists: the owner of giving will not begin to start a lawsuit if the employer got drunk, broke a lawn-mower, broke a window, and then also delayed payment. Therefore one more instrument of permission of conflict situations at rent under the contract - practice of pledge. Usually she is as follows: the owner makes in advance additional monthly payment which (it is reflected in the contract) will be returned to it at the end of the term of rent or is included as a payment for the last month. At such scheme for the benefit of the tenant it is accurate to paint in what cases pledge can be withheld: let`s tell, only for damage of household appliances or for refusal to bring a payment.

Compensation for serious damages of the country estate the owner of giving even if it hands over it, can receive from insurance company.

From a lightning and a flood

to

of the Program of insurance for owners of country real estate are offered by all large insurance companies.

“In the majority of the companies can acquire both the standard, and made individually insurance policies. In the principle it is possible to insure any house“, - the deputy CEO of Mezhregiongarant insurance group Alexander Varentsov tells SP.

However, about “any house“ insurers exaggerate: with the squatter settlement there can be problems. Documents on the earth - and that the structure is built without the knowledge of the authorities will be required at least, insurers can close eyes.

Most often the insured sum is determined by

by the agreement with the insurer on the basis of the assessment which is carried out by the staff of the company. If the person does not agree with this assessment, the independent expert is attracted. There is a policy from 0,3% to 2% of cost of the house and depends on a set of factors (of what materials the house is built whether there is in it a wood furnace, the fire-prevention alarm system etc.). The standard list is risk at the same time the is as follows: fire, explosion of household gas, a lightning stroke, natural disasters, having filled in with water, burglary, a robbery, malicious actions of the third parties, arrival of vehicles and even falling of flying objects or their fragments.

by

Now, by estimates of insurers, in Moscow area insured less than a half of all registered country real estate. However, and from this insurance the majority - cheap policies which in case of loss of the house guarantee payment no more tenth part of its cost.“ Summer residents on a habit pay kopeks for a cheap insurance covering and do not reflect that at insured event can be enough for them only for restoration of the base of the house“, - Alexander Varentsov says.

All the matter is that process of country insurance, strangely enough, changed from Soviet period a little: about 90% of all market of country insurance are based on agency sales - it is when on dachas the old man goes and offers all the standard policy, without estimating costs of the concrete estate. The sum of an insurance covering of such policies - from 15 thousand rubles to 50 thousand rubles

the Full-fledged insurance of the house has the right to issue not only the owner, but also the tenant (naturally, the signed employment contract). The owner will remain the beneficiary in this case all the same, but the employer will be hurt less by the head about possible cataclysms on the rented object. However, the insurers interrogated by SP could not remember any case when giving was insured by the tenant. But cases when the owner of giving insured her then he leased - and here are frequent and insured event did not keep itself waiting. As Alexander Varentsov claims if the company did not warn about rent, it will become a formal occasion to refuse payment for the policy. Quite logically: the fact that you let foreign people increases risk degree, and the insurer has the right to ask more for the policy.

the Employment contract together with the insurance policy - such richness of documents can be seen unless when letting cottages for $2-3 thousand a month, the area manager of rent of MIAN - Real Estate corporation Gulnara Rakhmangulova states. However the market develops, and experts predict change of a situation.

“To civilized standards at first expensive segment, and then the already others always comes“, - says vice-the president of the Russian association of realtors Konstantin Aprelev. However, and now nobody prevents any Muscovite wishing to have a rest in a removable lodge outside the megalopolis to make very simple and quite competent contract together with the owner of giving. It will demand time very little.