An ordinary everyday situation: children graduate from school and leave to go to university in another city. It also happens that the chosen institute or university is located in your native place, but far from home. For example, in Moscow, the journey from one end of the metropolis to the other will take half a day, which, of course, will quickly bore a student, despite the universal thirst for knowledge.
Therefore, parents often begin to wonder: at what age can a child rent an apartment? Does a minor have the right to rent housing on his own? What documents are needed for this?
The topic of housing rent in relation to teenagers raises many questions. Let's look at the most relevant ones.
Is it possible to rent an apartment at 17 years old?
It is possible at 16, and even at 14 - this is not prohibited by law. The Civil Code has Article 26, which states: a child from 14 to 18 years old has the right to enter into any real estate transactions. But - only with the written consent of parents or guardians. To rent housing, it is sufficient to provide a free-form consent to conclude an agreement, where the mother or father indicates their and the child’s passport details. There is no need to have the document certified by a notary.
However, it is unlikely that a 15-16 year old teenager will be able to find a suitable rental option on his own. Apartment owners now make such demands on tenants (only Slavs, only family, no parrot dogs and other quirks) that it is not easy for an adult to move into it. And then, the owner needs a tenant with a regular income who can uninterruptedly pay for the services provided.
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But Russians can rent an apartment on their own only after reaching 18 years of age.
Can a minor student rent housing without parents?
Finding housing on your own as a 15-year-old is almost impossible.
The owners need a tenant with a regular income who can pay rent and utilities. The answer to the question of whether it is possible to rent an apartment at the age of 16 is positive, because this is not prohibited by law, with written permission. The only difficulty is that it will be difficult for a child to find someone willing to rent an apartment to a minor.
Obviously, someone is interested in the question, what will happen to the landlord if he enters into an agreement with a child who is under 18, without the written consent of his parents?
And the answer is simple, nothing will happen to him.
Every child has the right to live together with his parents, except in cases where this is contrary to his interests. The place of residence of children in the event of separation of parents is established by agreement of the parents.
The place of residence of children under 14 years of age or citizens under guardianship is the place of residence of their legal representatives - parents, adoptive parents or guardians (clause
2 tbsp. 54, paragraph 3 of Art. 65 RF IC; clause 2 art. 20 Civil Code of the Russian Federation). Minor wards live together with their guardians and trustees.
In this case, it is allowed for a guardian to live separately from a ward who has reached the age of 16, with the permission of the guardianship and trusteeship authority, provided that this does not adversely affect the upbringing and protection of the rights and interests of the ward (Clause 2 of Art. RF, in a foster family. When such a possibility no, temporarily, for the period until placement in foster care
At what age can you rent an apartment, can you rent a house at 15 or 16 years old, laws
A child entering an educational institution far from home is a reason for joy and pride.
But if a place in the hostel is not provided, then you need to rent an apartment.
What if he is not yet 18 years old? Do I have to go with him to sign the lease, or can he do it himself? Let's find out in the article. ... Dear readers!
Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call +7.
It's fast and! The Civil Code states that a child from 14 to 18 years old can enter into transactions with the written consent of his legal representatives - parents, adoptive parents or guardian (Civil Code of the Russian Federation, Article 26). Moreover, the law does not require the personal presence of the parent during the transaction, nor certification of the document by a notary. It is enough for the mother or father to write their permission in free form.
Sample text: “I, such and such (full name, passport details), give my consent to the conclusion by my son/daughter (full name, passport details) of an agreement with such and such (name and number of the agreement).
Date, signature." NUANCE! This written approval can be given both before and after the transaction is concluded. Emancipation is the recognition of a child as fully capable until the age of 18. This is a rather rare phenomenon in Russia, but we will still consider it.
If a citizen who has reached the age of 16 works under an employment agreement (contract) or, with the consent of his parents, is engaged in individual entrepreneurship, then he can be recognized as legally competent (Civil Code of the Russian Federation, Article 27).
Is it possible to recognize a child as legally competent under the age of 18?
This is possible, although the so-called emancipation procedure is practiced quite rarely in Russia. If a child who has reached the age of 16 is officially employed, works under an agreement or contract and has a stable income, or is engaged in individual entrepreneurship, then he may be recognized as legally competent (Civil Code of the Russian Federation, Article 27).
The same rule applies to young people who entered into legal marriage before the age of 18 (Civil Code of the Russian Federation, Article 21). But to do this, they, as well as their parents, need to contact the local guardianship and trusteeship authority. If they give the go-ahead, the teenager is recognized as an adult, acquiring all the rights and responsibilities of an adult. Now he can make any deal.
Nikolai Kosyak, head of the Rambler/Finance project at Rambler&Co, answers:
Russian legislation does not impose restrictions on the purchase or gift of real estate to a child. At the same time, the procedure for donating an apartment or share to a minor is practically no different from a similar process associated with adults.
Today, it is not uncommon for pensioners to draw up deeds of gift specifically for their grandchildren. At the same time, a person can dispose of his own property independently only from the age of 18. From 14 to 18 years of age, children enter into transactions only with the written consent of their legal representatives. Children under 14 years of age are not allowed to participate in transactions at all - they are carried out by their parents or guardians. Moreover, any transactions involving the property of a minor are carried out in our country with the consent of the guardianship and trusteeship authorities.
It is worth noting that the rights of a child who owns real estate are well protected. Thus, as a result of the transaction, the child cannot be left without housing. In addition, when selling an apartment in which a child has a share, officials will ensure that the area and characteristics of the new housing where he is registered is no worse.
A child is an apartment owner: pros and cons
What is better – a deed of gift or a will for an apartment?
How to conclude a rental agreement with a teenager?
Such a document is drawn up between the owner of the apartment and the parent of the future tenant. To do this, it is necessary to provide official permission for his separate residence in a rented apartment. If the owner of the property rents it out to a minor without the written consent of the parents, nothing will happen to him for this - the law does not regulate this point.
But if a young tenant causes destruction in the apartment and damages the owner’s property, then the owner will have to cover the losses himself. According to lawyer Evgeniy Tronin, he will not be able to demand payment for repairs from the minor, since all property obligations lie with his parents. In addition, the owner will have to prove that this particular child is to blame for the incident. If you go to court, it will recognize the lease transaction as invalid, since it could only be concluded with the permission of the guardians.
Can an owner rent out an apartment for short-term rent to minors?
Lawyer Kristina Karyagina explains that long-term rentals and short-term rentals are regulated by law in the same way. Teenagers from 14 to 18 years old enter into transactions with the written consent of their parents, adoptive parents or guardian. The transaction will be valid even with its subsequent written approval.
True, high school students most often look for an apartment for a day without informing mom or dad. They don’t intend to do homework there, but to hang out noisily - with drinking and other adult joys. If the neighbors call the police, the owner will regret his short-sightedness: he may be accused not only of illegal business, but even of maintaining a drug den.
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Age restrictions in Russian banks
If you are thinking that it is time to take out a loan to buy a home, you should know at what age you can take out a mortgage for an apartment in the largest Russian banks.
- Bank of Moscow and its partner VTB 24 issue housing loans to clients at least 21 years old;
- Absolut lends to clients over 21 years of age;
- Sberbank issues loans for the purchase of housing from the age of 21;
- MTS Bank offers mortgages to clients aged 18 to 23, subject to the involvement of additional guarantors, and from 23 years old - in their absence;
- The Housing Finance Bank issues loans to persons at least 21 years of age;
- Center-Invest is ready to consider applications from clients over 18 years of age;
- Delta-Credit, specializing in housing loans, issues loans to persons over 20 years of age.
Please note that in most cases the bank will require a guarantor if you are under 25 years old.
This restriction does not apply to young families taking out a mortgage loan jointly.
Is it possible to rent out an apartment to a minor child?
Children of any age can be property owners. It happens that a child receives an apartment as a gift or by will, or parents register it in the name of their offspring in order to protect the property from the claims of creditors. Such housing belongs exclusively to the young owner, and mom and dad cannot sell it, exchange it, or rent it out at will.
To obtain permission to rent out an apartment, parents, guardians or adoptive parents must contact the guardianship and trusteeship authority at their place of residence (Article 37 of the Civil Code of the Russian Federation). If they refuse (specific reasons for refusing consent to a transaction are not specified in the law), you can go to court.
How to legally rent out an apartment if the owner is a teenager?
Having secured the consent of the guardianship authorities, the parents draw up an agreement with the tenant, which is signed by both the parent and the child (if he is over 14 years old). Guardianship will require opening a bank account in the teenager’s name and transferring the rental proceeds to it.
This money will be “frozen” until the child becomes an adult. You will have to pay tax on income from renting out real estate (Article 23 of the Tax Code of the Russian Federation). The declaration is submitted on behalf of the child by his legal representative, who also pays the tax. If housing is rented by a legal entity, the tax is transferred by the organization.
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Is it possible to rent an apartment at 15 years old without parents?
As already mentioned, you can rent an apartment without parents at the age of 14. All you need is a written application and a passport. The whole point may be in the owner of the apartment, because not everyone will agree to rent out housing to a minor. If this is necessary for study, then it is advisable for any parent to come to an agreement with the owners of the apartment so that the child does not have problems. Finding housing on your own as a 15-year-old is almost impossible. The owners need a tenant with a regular income who can pay rent and utilities.
