When renting an apartment, it is important to verify the authority of the person providing the accommodation, agree on the terms of residence, and formalize a residential tenancy (rental) agreement.
This material explains what to consider when choosing an apartment, which terms should be included in the agreement, when state registration of the right to use real estate is required, and how to properly document the transfer of funds.
When searching for an apartment independently, it is recommended to verify the documents confirming the landlord's ownership rights or the authority of their representative before entering into a rental agreement.
Information on registered property rights and encumbrances may be obtained through the relevant government services in compliance with personal data protection legislation.
Before signing the agreement, the parties should agree on the rental amount, duration of residence, procedure for paying utility bills, conditions for terminating the agreement, and the return of the security deposit, if applicable.
If registration at the place of temporary residence is required, the relevant government service should be used.
When choosing the agents, realtors those who will select housing for you, you need to understand what service they can provide.
Usually a choice of the 2 options:
Before starting to work with a real estate agency, you must:
Standard contracts for the provision of real estate services must indicate:
When drawing up a lease agreement, it is indicated:
Only then can you pay for the intermediary service of the realtor.
When using the services of a real estate agency or real estate agent, it is recommended to agree in advance on the scope of services provided, their cost, payment procedures, and the responsibilities of the parties.
The terms and conditions for providing intermediary services are determined by the agreement between the client and the service provider.
Before paying for the services, it is important to review the terms of the agreement and the documents confirming the fulfillment of the obligations specified in it.
An intermediary may sign a residential tenancy (rental) agreement on behalf of the property owner only if duly authorized to do so.
Discuss the monthly payment process with the landlord, how and how often you will be contacted.
If you need to issue a temporary registration, be sure to set a date when you can be done with the documents. It will be difficult to receive government services without temporary registration.
In order not to be guilty in a situation, for example, with a suddenly broken crane, inspect the entire apartment, point out to the owner about the shortcomings and make sure that everyone is included in the future lease agreement.
Discuss future breakdown situations, at whose expense and what will be corrected.
Check the serviceability of the equipment, inspect the pipes for the leaks. Check the integrity and functionality of the outlets.
Fix the meter readings at the time of the check-in.
Make sure that an inventory of the items in the apartment is compiled, with a detailed description of the cracks, significant scratches and chips.
Just in case, take a picture of the apartment, its condition.
To document the condition of the apartment, the parties may prepare a handover and acceptance report specifying the condition of the premises, furniture, household appliances, any identified defects, and utility meter readings.
Preparing a handover and acceptance report and taking photographs to document the condition of the property are recommended to help prevent potential disputes between the parties.
When renting an apartment, a residential tenancy agreement must be concluded in writing. The agreement is concluded between the apartment owner (landlord), or a person authorized by the owner, and the tenant.
Before signing the agreement, it is recommended to verify the landlord's identity document, documents confirming their ownership of the apartment, or the authority of their representative.
What Should Be Included in the Agreement
The residential tenancy agreement should specify:
full names and identification details of the parties;
the address and characteristics of the apartment;
the rental amount, payment deadlines, and payment methods;
the term of the agreement;
the procedure for paying utility bills and other service charges;
the rights and obligations of the landlord and tenant;
the conditions for amending and terminating the agreement;
the liability of the parties for breaches of their obligations;
the procedure for carrying out repairs and compensating for damage caused;
the amount of the security deposit, the conditions for withholding it, and the procedure for its return, if such a deposit is provided for in the agreement.
Apartment Handover and Acceptance Report
When handing over the apartment, it is recommended to prepare a handover and acceptance report specifying the condition of the premises, a list of furniture and household appliances, any existing damage, and utility meter readings.
The report is signed by both parties and may be used to resolve disputes concerning the condition of the property and the return of the security deposit.
State Registration
In accordance with the legislation of the Republic of Kazakhstan, the right to use real estate for a period of at least one year, including lease rights, is subject to state registration.
If the right of use is established for a period of less than one year, mandatory state registration of that right is not required.
State registration is carried out in accordance with the established procedure through the relevant government service.
Landlord's Tax Obligations
Income received from renting out an apartment is subject to taxation in accordance with the Tax Code of the Republic of Kazakhstan.
The procedure for fulfilling tax obligations depends on the landlord's status and the applicable tax regime.
Up-to-date information on the taxation of rental income can be obtained from the official website of the State Revenue Committee of the Ministry of Finance of the Republic of Kazakhstan.
Return of the Security Deposit
If the tenant pays a security deposit when concluding the agreement, its amount, purpose, grounds for withholding it, and the deadline for its return must be specified in writing.
Upon termination of the agreement, the parties complete the final settlement of payments and formally document the return of the apartment. If there are grounds for withholding part of the security deposit, the amount withheld and the reasons for withholding it must be justified.
If there are no grounds for withholding the deposit, it must be returned to the tenant in accordance with the terms of the agreement.
Important! The notice period for terminating the agreement and the procedure for changing the rental amount must be determined in accordance with applicable legislation and the terms of the concluded agreement. Applying a universal notice period of “30 days” to all cases is incorrect.
Once the agreement has been signed and you have received the keys to the apartment, you can proceed with the payment.
You should obtain a receipt from the landlord confirming receipt of the payment. The receipt must include the identity document details of both parties and specify that the payment is for renting the accommodation.
The amount must be stated in tenge, both in figures and in words.
For each subsequent payment, this procedure should be repeated, specifying the month and year for which the rent is being paid.
Procedure for Paying and Returning the Security Deposit
If the agreement provides for a security deposit, the parties must determine its amount, purpose, conditions for withholding it, and the procedure for its return.
Upon termination of the agreement, it is recommended to document the return of the apartment using a handover and acceptance report, recording the condition of the property and the final settlement of payments.
The security deposit is returned in accordance with the terms of the agreement and the applicable provisions of civil legislation.
If the landlord withholds part of the deposit, the grounds for withholding it and the amount of the relevant claims must be justified.
If a dispute arises regarding the return of funds, the parties are entitled to use the legal remedies provided for by law to protect their rights.