It is necessary to pay attention to the fact that the issues of sublease are regulated not only by housing legislation. To housing legal relations in this area, the norms of Art. 685 of the Civil Code of the Russian Federation.

The right to lease a dwelling occupied under a contract social recruitment, the tenant can sub-rent in compliance with the rules provided for by the RF LC.

In accordance with Art. 685 of the Civil Code of the Russian Federation, the tenant, with the consent of the renter, transfers for a period part or all of the premises he leased for the use of the sub-tenant under a residential sublease agreement. The tenant does not acquire an independent right to use the dwelling. The tenant remains liable to the lessor under the lease agreement.

Residential premises sublease agreement can be concluded subject to compliance with the requirements of the legislation on the norm of the total area of ​​living quarters per person.

The contract for the sublease of residential premises is onerous.

The term of the contract for the sublease of residential premises cannot exceed the term of the contract for the lease of residential premises.

In case of early termination of the contract for the lease of residential premises, the contract for sublease of residential premises shall be terminated simultaneously with it.

The sublease agreement is not subject to the rules on preemptive right to conclude a contract for new term.

The tenant of the residential premises provided under a social tenancy agreement has the right to transfer part of the residential premises he occupies, and in the event of a temporary departure, the entire residential premises are subleased.

For this in mandatory required according to Art. 76 LCD RF:

1) if the dwelling is a separate apartment - the consent in writing of the lessor and his family members living together with the tenant. If the tenant and his family members are not going to leave the premises they occupy, they can sublet out part of it if they temporarily leave the specified premises (regardless of the reasons for leaving) - it is allowed to sublet the premises as a whole;

2) if the dwelling is part of a communal apartment, the consent of all tenants and members of their families living with them, all owners and members of their families living with them is also required in order to sublet it. This is due to the peculiarity of these residential premises, which is expressed in the possibility of the presence in one apartment of both tenants and members of their families, and owners of separate residential premises.

The main condition for the transfer of a dwelling or part of it for sublease is the following: after its conclusion, the total area of ​​the corresponding residential premises per resident will be at least the accounting norm, and in communal apartment- not less than the provision rate. That is, the tenants of the premises occupied under a social tenancy agreement should not, after the conclusion of the sublease agreement, become in need of improvement. housing conditions.

The rights of the sub-tenant are derived from the rights of the tenant, therefore, the sub-tenant cannot acquire an independent right to use the leased residential premises.

In this case, in any case, the tenant bears responsibility to the lessor under the social rental agreement.

Sub-lease of a dwelling is not allowed in some cases. The prohibition on subletting a dwelling is associated with living in a dwelling or with the move into it of a citizen suffering from one of the heavy forms chronic diseases... Establishment of other cases is possible by adopting the relevant federal laws.

Thus, based on the meaning of the rules devoted to the consideration of the concept of sublease, it is not allowed to sublet residential premises in following cases :

1) if, as a result of moving in by the sub-tenant, the total area of ​​the corresponding residential premises per resident will be less than the accounting norm, and in a communal apartment - less than the provision rate;

2) if a citizen, who suffers from severe forms of certain chronic diseases, lives or moves into it;

3) without the consent of other tenants, adult members of their families living in the same apartment with them, as well as the landlord;

4) in other cases established for the delivery of residential premises for sublease by federal laws.

The contract for the sublease of residential premises provided under a social rental contract is concluded in writing(Article 77 of the LC RF). The number of copies is not specified, but one copy is obligatorily transferred for storage to the landlord of the dwelling.

When signing a contract for the sublease of a dwelling occupied under a social tenancy contract, it is necessary to indicate those persons who will move into the specified space at the same time as the subtenant.

The contract for the sublease of residential premises provided under a social tenancy agreement shall be concluded for a period determined by the parties to the sublease agreement for such residential premises. That is, the parties, when signing a sublease agreement, must indicate the period for which they conclude it. If the term is not specified in the agreement, the agreement is considered concluded for one year.

The right of use for the sub-tenant arises on the basis of a sublease agreement. But the primary document for the parties is the social lease agreement for residential premises. The use of the premises by the sub-tenant is carried out in accordance with the contract for the sublease of the residential premises, as well as the Housing Code of the Russian Federation and other regulatory legal acts.

Thus, the interaction of a social tenancy agreement and a sublease agreement for housing occupied under a social tenancy agreement is as follows:

1) maximum term, for which it is possible to conclude a sublease agreement, cannot exceed the term of the social lease agreement, its deadline is limited by the term of the lease agreement, i.e., if the social tenancy agreement is terminated, respectively, the sublease agreement is terminated;

2) even if the social tenancy agreement is concluded for a new term, this will not cause prolongation of the sublease agreement, i.e. in relation to the contract for the sublease of residential premises, the rules of the preemptive right to conclude a contract for a new term do not apply;

3) upon termination (even prematurely) of the contract of social lease of residential premises, the contract for sublease of residential premises is terminated at the same time.

In accordance with Art. 78 of the Housing Code of the Russian Federation, the sub-lease of residential premises provided under a social tenancy agreement to a tenant is of a reimbursable nature. The obligation of the sub-tenant of a dwelling occupied under a social tenancy agreement is to pay the tenant Money in accordance with the sublease agreement.

The specific terms of payment for the sublease of residential premises (procedure, conditions, terms of its payment and amount) are established by agreement of the parties upon signing the contract for sublease of the said residential premises.

RF LC provides for the possibility and grounds for termination of the sublease agreement and its termination.

Termination occurs in the following cases, provided for in Art. 79 ZhK RF:

1) if the term for which it was concluded is indicated in the contract for the sublease of residential premises, and it has expired, and the parties have not signed new treaty... After expiration the specified period its effect is terminated. It should be noted that in accordance with paragraph 6 of Art. 685 of the Civil Code of the Russian Federation, applicable to the sublease of residential premises, the rules on the pre-emptive right to conclude an agreement for a new term do not apply to the sublease of residential premises;

2) if the contract for the sublease of residential premises provided under the social tenancy contract is concluded without specifying the term (in this case, the contract is considered concluded for one year), the party to the contract - the initiator of the termination of the contract - is obliged to notify the other party about the termination of the sublease contract three months in advance. Each of the parties has the right to terminate it unilaterally.

The contract for the sublease of residential premises provided under a social rental contract may be terminated:

1) by agreement of the parties;

2) in case of non-fulfillment by the sub-tenant of the terms of the contract for the sublease of residential premises. This basis meets the definition of a material breach of a contract, and legal implications non-fulfillment is provided for by the RF LC.

Essential are the actions of the sub-tenant defined in Art. 79 LCD RF:

Uses this living space for other purposes;

Systematically violates the rights and legitimate interests of neighbors;

Disposes of the living quarters, allowing for its destruction.

In the event of these cases, the tenant is entitled to warn the sub-tenant about the need to eliminate the violations. If the actions of the sub-tenant cause irreparable defects in the living quarters, entail its destruction, the tenant also has the right to set a period for the sub-tenant to eliminate them. The time frame must be reasonable and designed to allow adequate repairs.

If even after the warning presented by the tenant, the sub-tenant or the citizen for whose actions this sub-tenant is responsible continues to violate the rights and legitimate interests of neighbors or use the dwelling for other purposes or does not carry out the necessary repairs without good reason, the tenant is given the right to apply to judiciary for protection. The residential lease agreement will be terminated on the basis of judgment, and the sub-tenant and the universes together with him citizens were evicted by force.

After the termination or termination of the contract for the sublease of the residential premises occupied under the social rental contract, the subtenant is obliged to vacate the specified residential premises, remove the property belonging to him and transfer it to the tenant. In the event that the sub-tenant does not take the appropriate action within the time period stipulated by the contract, the tenant has the right to apply to the court with a claim to evict him and the citizens living with him without providing another dwelling.

In accordance with Art. 80 ZhK RF temporary residents are citizens who are allowed temporary residence on a gratuitous basis in a dwelling occupied by an employer under a social employment contract.

The tenants of the living quarters also had the right to move in temporary tenants on the basis of the RSFSR housing estate. According to Art. 81 ZhK RSFSR the tenant of the dwelling and the adult members of his family living with him could, by mutual agreement, allow other citizens (temporary residents) to temporarily reside in the dwelling in their use without charging a fee for using the room. But the introduction of temporary residents for a period of more than one and a half months was allowed, provided that the established norm of living space was observed.

Article 80 of the Housing Code of the Russian Federation grants the tenant of a residential premises under a social tenancy agreement and his family members living with him by mutual agreement and with prior notification of the landlord the right to authorize gratuitous living in the residential premises they occupy under a social tenancy agreement to other citizens as temporary residents (temporary residents ).

Thus, the main conditions for moving in temporary residents are:

1) the consent of the tenant and citizens permanently residing with him;

2) prior notification of the landlord about such a move.

In this case, the landlord is only notified (informed) of the upcoming arrival of temporary residents. The difference from the previous LCD is that the landlord has the right to prohibit the residence of temporary residents. This is possible if, after their arrival, the total area of ​​the corresponding living space for each resident is:

For a separate apartment - less than the accounting rate;

For a communal apartment - less than the provision rate.

Having previously received information about the intention to move temporary tenants, the landlord has legal right prevent their occupation on this basis.

The RF LCD resolved the issue of payment for utilities provided to temporary residents. It is paid by the tenant of the dwelling in accordance with an additional agreement with the landlord, concluded for the period of residence of temporary residents.

ZhK RF established the maximum period of residence of temporary residents. It cannot exceed six consecutive months. Within these limits, the parties may set another specific, additionally agreed period.

Based on the meaning of Art. 80 of the Housing Code of the Russian Federation, upon the expiration of the specified six-month period, the tenant has the right to contact the renter with a repeated notification of the intention to move temporary tenants into the premises he occupies under a social tenancy agreement. In this case, the norms of Art. 80 ZhK RF, and the period of residence begins to flow again.

A member of a housing cooperative and his family members living together with him, by mutual agreement and with prior notification of the board of a housing cooperative, have the right to allow temporary residents to reside in the living quarters in their use in the manner and under the conditions that were considered earlier.

Thus, in this situation, it is necessary to take into account the fact that the landlord is the board of the housing cooperative, and the tenant is a member of the housing cooperative, since it is the board that must first notify the member of the cooperative who intends to provide housing to temporary residents.

In this case, the board has the right to prohibit the residence of temporary residents in the event that, after their arrival, the total area of ​​the corresponding residential premises for each resident will be less than the accounting rate for a separate apartment, and less than the provision rate for a communal apartment. Temporary residents may not live for more than six consecutive months.

Temporary residents do not have an independent right to use housing provided for social rent. They have the right only to use and live in the premises they occupy. The employer bears responsibility for their actions to the lessor, while they are responsible for their actions to the employer.

Thus, the main features of temporary residents' residence are as follows:

1) gratuitous use of the premises for a limited period - up to six months;

2) lack of an independent right to use the premises.

Temporary residents are obliged to vacate the corresponding residential premises upon expiry of the period of residence agreed with them (it should be noted that the maximum period, as mentioned earlier, is six months), and if the period has not been agreed upon, no later than seven days from the date of presentation required by the employer or a member of his family living with him.

There is a procedure for evicting temporary residents from the premises they occupy. Eviction is possible in the following cases:

1) termination of the contract of social rental of residential premises;

2) the refusal of temporary residents to vacate the dwelling upon the expiry of the period of residence agreed with them;

3) presentation by the tenant or a member of his family living with him of the request for eviction.

In these situations, temporary residents are subject to eviction from the dwelling in judicial procedure without providing other living quarters.

Despite significant changes in Russian legislation that have happened over the past couple of decades, citizens can still get a municipal apartment or other public housing. There is such a thing as a social lease agreement for a dwelling. This is a form of preferential lease, which is provided to the category of poor citizens.

Under a social rental agreement, citizens are transferred to municipal apartments that were not in private property, but on the balance sheet of the state. When the state provides housing to citizens, a standard social rental agreement is drawn up. This document is the basis for legal residence in an apartment, the right of which was received free of charge. Such an agreement is valid indefinitely, provided that the tenant pays for utilities.

This form of social renting of an apartment or other residential premises is most often used in cases preferential queues on . Such a lease agreement for a dwelling - obligatory document for the privatization of an apartment or room.

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Objects and subjects of the contract

The social rent agreement is concluded between the employer and the employee of the municipal self-government body. Acceptance and transfer of such a property is regulated by the Housing Code of the Russian Federation.

The subject of the contract is an apartment, room or other living quarters, which must:

• Be isolated (separate apartment, house or part of it);
• Meet sanitary and technical requirements, be habitable.

Speaking about the objects of the contract, the following types can be distinguished:

• Residential private house- an individual building, which includes not only living rooms, but also premises for everyday needs (kitchen, bathroom, etc.);
• Apartment - a separate living space in an apartment building, with auxiliary premises for household and sanitary needs;
• A room is part of an apartment in an apartment building. Used for residential use only and does not include ancillary facilities.

Eligibility

The main reason for this is the absence of any housing. This means that a citizen who has applied to a government agency for help cannot own any real estate object or the area of ​​available housing is less than the established norm per person.

People who already have a warrant to receive an apartment draw up a standard social employment contract without any nuances. Today, citizens have the right to receive municipal or federal housing, in accordance with the Housing Code. To do this, you must submit a request to the institution that is located at the location of the applicant.

In addition to low-income citizens, the following categories of beneficiaries have been identified who can queue up to conclude a social rent agreement:

• Residents of a municipal apartment located in an apartment building that was decommissioned for demolition;
• Residents of a municipal apartment located in a building that is being transferred to commercial property;
• Citizens who want to get an apartment or a smaller room;
• Disabled people of the first and second groups;
• War veterans and liquidators at the Chernobyl NPP;
• Citizens who have lost their homes as a result of a natural disaster;
• Servicemen injured in the line of duty.

Duties and rights

The main difference between a social rental agreement and a commercial transaction is the absence of rent for the use of an apartment or room. Citizens are not exempted from utility bills and other housing maintenance costs. They undertake to pay for them on time, make minor maintenance repairs, keep the house clean and maintain proper living conditions. Moreover, from contributions to overhaul at home, tenants are completely vacated. This item of expenditure lies entirely with the municipality.

Despite the fact that the contract is considered indefinite, initially the parties sign it for a period of up to four years, and after this time, the hiring period is extended. This can be called a precautionary measure from the outside government agencies from unscrupulous citizens. This form of agreement will allow the municipality to get rid of such a tenant without hindrance. The reasons may be:

• Failure to pay utility bills;
• Using an apartment or room not for living, but as a warehouse, office, etc .;
• Renting out housing to third parties;
• Redevelopment without obtaining permission for this;
• If a tenant became the owner of a property, for example, bought a house or inherited a home, by donation.

Features of the provision

A social rental agreement is an agreement according to which the parties agree on the transfer of an apartment or room for use. Relying on the Housing Code, social rent is provided for low-income citizens. This fact will have to be confirmed. This will take into account the current housing conditions, as well as the income of the citizen and his family.

Such an agreement is impossible for individuals stateless, as well as for citizens of other countries. According to legislation, low-income citizens who are eligible to apply for are:

• Already existing tenants of a municipal apartment or room, as well as their family members, if the current housing is not responsible for the area established standards per person;
• Citizens living in conditions unsuitable for life, inappropriate to sanitary standards or technical condition;
• Residents of a municipal apartment, if a chronically ill person lives with them, posing a threat to the health of their cohabitants.

Documents for conclusion

To conclude an agreement, citizens will need to prepare the following documents:

• A statement on behalf of a citizen in any form;
• Applicant's passport (original and copy);
• Passports of all family members of the applicant (originals and copies);
• Marriage or divorce certificate;
• Documents that confirm family ties with the applicant - if it is necessary to include relatives in the contract;
• Orders, records and other papers confirming the right to move in;
• about all existing tenants;
• Technical plan with information on the redevelopment carried out;
• Other documents confirming the grounds for improving housing conditions and obtaining a municipal apartment.

After submitting the documents, the responsible employee of the state institution must check them, register and issue a receipt for receipt. It must contain the registration date, initials and signature of the responsible employee. Also will be announced approximate terms consideration of the application and preparation of the contract.

Model contract structure

When drawing up a social rental agreement for an apartment or room, the parties must follow the established structural order. It should contain:

• Indication of the place where the document was drawn up, date of signing, names and legal data of the parties;
• Description of the subject of the agreement, its location, technical characteristics;
• Description of the actual state of the living space at the time of transfer;
• List of all citizens who will be living;
• The rights and obligations of the party.

Each party has specific responsibilities.

Validity

Separately, it is worth considering the period for which the parties conclude an agreement on a social employment contract. According to the law, the conditions for terminating the transaction are clearly defined as mutual consent parties, and on the initiative of only one of them. In this case, the termination of the contract can occur at any time, even if the document has not yet expired. This is facilitated by some specific circumstances, which will be discussed a little further.

It is important to take into account that the tenant has the right to interrupt the transaction by his own decision, but the homeowner must go to court. For court consideration of an application for early termination of the transaction, the following may serve:

• Causing significant damage to housing, which led to a deterioration in living conditions;
• Use of housing for other purposes;
• Failure to pay for utilities for more than six months;
• Systematic disturbance of peace, causing inconvenience to neighbors.

If there are no grounds for premature termination of the agreement, then the agreement is considered indefinite and is extended by agreement of the parties as many times as necessary.

The main nuances in the design

Relatives who will live with the tenant must be indicated in the text of the document. Moreover, all these participants have equal rights to dispose of the property, that is, to give their consent to the registration of new tenants or to protest against it. They are also responsible for causing damage to the property.

The tenant is obliged to notify the municipality that he has become the owner of the property, as well as the improvement of living conditions. It should be borne in mind that this is the basis for the termination of the contract.

The employer can only be a fully capable citizen. Such a citizen is a person who is able to independently exercise his rights and bear responsibility. In other words, this is an adult citizen who does not have mental illness, drug and alcohol addiction.

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New edition of Art. 76 LCD RF

1. A tenant of a dwelling provided under a social tenancy agreement, with the written consent of the lessor and his family members living with him, has the right to transfer part of the dwelling he occupies, and in case of temporary departure, the entire dwelling is subleased. A contract for the sublease of residential premises provided under a social rental agreement may be concluded provided that, after its conclusion, the total area of ​​the corresponding residential premises per resident is not less than the accounting rate, and in a communal apartment - not less than the provision rate.

2. For the sub-lease of a dwelling located in a communal apartment, the consent of all tenants and their family members living with them, all owners and their family members living with them is also required.

3. The tenant does not acquire an independent right to use the dwelling. The tenant remains responsible to the landlord under the social tenancy agreement.

4. The transfer of a dwelling for sublease is not allowed if a citizen lives in or moves into it, suffering from one of the severe forms of chronic diseases specified in the list provided for in paragraph 4 of part 1 of Article 51 of this Code, as well as in other stipulated by federal laws cases.

Commentary on Article 76 of the LC RF

1. Renting a dwelling provided under a social tenancy agreement is regulated by Art. Art. 76 - 79 of the Code. At the same time, many of the rules established by the previous housing legislation have been preserved. In addition, the sub-tenancy of dwellings provided under a social tenancy agreement applies legal regulations, established in clauses 1 - 3 of Art. 685 of the Civil Code of the Russian Federation.

The right of a tenant of a residential premises under a social tenancy agreement to lease the entire premises or part of it in sublease is due to the need to obtain consent for this: a) the members of his family living with him and b) the landlord (cf. Art.76 of the RF LC of 1983) ... Another condition for concluding a sublease agreement is that after its conclusion, the total area of ​​the corresponding living space per family member will not be less than the accounting rate, and for communal apartments - the provision rate (for the specified rates, see Article 50 of the Code and the commentary To her).

2. If a dwelling in a communal apartment is subleased, then in addition to observing the above general conditions, the consent of all tenants and owners of other residential premises in this apartment, as well as their family members living with them in such an apartment, is also required.

3. In the case of sub-lease of a dwelling, the tenant remains liable to the landlord under the social tenancy agreement.

4. It is still not allowed to sublet a dwelling if this dwelling is occupied by persons suffering from severe forms of certain chronic diseases in which Cohabitation it is impossible with them (compare with clause 2 of article 77 of the RF LC of 1983). For the list of severe forms of chronic diseases in which it is impossible for citizens to live together in the same apartment, see Part 1 of Art. 51 of the Code and commentary to it.

In addition, a ban on the transfer of a dwelling or part of it to subletting may be established by federal laws other than the Code. We emphasize that other cases when the transfer of premises for sublease is not allowed can be indicated only in federal laws... Prior to the entry into force of the Code, such cases could be provided for by the rules for subletting residential premises, established in the manner determined by the government (clause 4 of article 77 of the RF LC of 1983). In accordance with Part 2 of Art. 4 of the Introductory Law, such legal acts shall be applied pending the entry into force of the corresponding federal laws.

Another commentary on Art. 76 of the Housing Code of the Russian Federation

1. The commented article determines the procedure and conditions for concluding a contract for the sublease of residential premises (Article 77 is devoted to the contract for the sublease of residential premises, Article 78 - payment for the sublease, Article 79 of the LC - termination and termination of the contract for sublease of residential premises).

Conditions for subletting residential premises:

written consent of the landlord, as well as family members of the tenant of the dwelling, and if the apartment is communal - of all tenants, owners and members of their families living in this apartment;

the presence of a total area of ​​housing, taking into account those moving in under a sublease agreement, in size not less than the accounting rate, and in a communal apartment - not less than the provision rate for each resident;

absence of patients with severe forms of chronic diseases (clause 4 of part 1 of article 51 of the LC RF) both in the family of a tenant who sublets housing and a person wishing to conclude a sublease agreement. The presence of such patients makes the conclusion of this contract impossible.