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Social tenancy agreement for residential premises tenant owner. Social Hiring: Rights and Obligations of the Landlord and the Tenant

The new Housing Code clearly outlines the basic rights and obligations of both the employer and the landlord. If earlier we disposed of housing received from the state quite freely and independently, now in many cases the consent of the landlord - the owner of the residential premises - is required. What are the advantages of a socially rented apartment compared to a privatized one?

Do I need to conclude a social employment contract with the city? What is the responsibility of the parties who violate the terms of the contract? When do you face eviction from social housing? Look for answers to these and other questions in today's issue of "SB". If you are on a long business trip You don't have to worry. During your absence, no one will deprive you of your home and the social tenancy agreement will not terminate. The old rules, when a person left and after 6 months lost the right to housing, thank God, no longer apply. There is no longer the concept of booking. The Housing Code of the Russian Federation guarantees that the temporary absence of the tenant of the dwelling, any of the members of his family living with him or all together does not entail a change in their rights and obligations under the social contract of employment. If only they paid their rent on time. Hiring or Privatization? This question is still asked by many Muscovites. Let's try to help find an answer to it. The tenant, under a social tenancy agreement, receives an apartment for perpetual possession and use. However, it does not become his property, that is, it cannot be sold, donated or bequeathed. At the same time, the tenant has the right, with the consent of the landlord, to exchange his housing, register his relatives in it, lease it out, make redevelopment. In the event of the death of the tenant, all persons included in the social tenancy contract retain the rights of ownership and use of the apartment. The main responsibility of the tenant is the timely payment of housing and utilities. At the same time, he does not pay real estate tax, and the upcoming changes in the calculation of the tax will not affect him. In addition, the tenant does not bear the burden of the costs of maintaining the common property of the house, he is also exempted from payment for major repairs. As a result, the cost of rental housing is significantly lower than that of privatized housing. So, when considering whether to privatize an apartment or not, weigh the pros and cons. Do I need to conclude an agreement The social employment contract replaced the warrant. This is an important document governing the rights and obligations of the landlord and tenant of housing. Recall that such an agreement is concluded in a simple written form between the owner of a dwelling of the state or municipal housing stock or an authorized person (landlord) and a citizen (tenant) of the dwelling. In the capital, such agreements for new housing are concluded by the Department of Housing Policy and Housing Stock of the City of Moscow on the basis of the decision of the prefect of the administrative district. And for an apartment in which people already live - on the basis of a warrant. An independent subject of a social lease agreement cannot be an uninsulated dwelling or auxiliary, as well as common property in an apartment building. For example, a walk-through room in a communal apartment. Or a storage room, a corridor, a bathroom, an attic, a staircase, a vestibule, etc. The landlord is obliged to transfer to the tenant the premises free of the rights of other persons. That is, it should be not just legally, but actually free. Nobody should live there. The Government of the Russian Federation has approved a Model Agreement for the Social Hiring of Residential Premises with the rights and obligations of a landlord and tenant. The contract is of unlimited duration and is not subject to termination if the grounds and conditions that existed at its conclusion are changed. For example, when transferring a residential building from federal to city ownership or when the status of the tenant changes, etc. Family bail In the social tenancy agreement, the family members of the tenant must be indicated (before, in everyday life, he was also called the responsible tenant). The Code establishes that the family members of the employer include his children, spouse and parents living with him. He can instill them with the written consent of all family members (including those temporarily absent), as well as the landlord. The latter may prohibit the introduction of other relatives, if at the same time less than the norm of the total area falls on one person (Article 679 of the Civil Code of the Russian Federation). Compliance with the norms, as well as the consent of the rest of the family members and the landlord, is not required to move in to the parents of their minor children. The addition of a new tenant as a family member entails changes to the contract because this affects the rent and utility bills. Family members living together have the same rights and obligations as the employer. Able family members are jointly and severally liable for the performance of the social employment contract. For example, if the tenant does not pay for the apartment, then the money can be collected from any capable member of his family, choosing the most solvent one. In the event of the death of the employer, any family member who has reached the age of majority can become it. Employer's rights We list these rights provided for in Article 67 of the LC RF. The tenant has the right in the prescribed manner: 1) to move other persons into the occupied premises; 2) sublet a dwelling; 3) allow temporary residents to live in an apartment; 4) to exchange or replace the occupied living quarters; 5) demand from the lessor the proper maintenance and timely overhaul of the dwelling, proper participation in the maintenance and repair of the common areas of the apartment building, as well as the provision of utilities. The apartment can be exchanged However, this again requires the written consent of the entire family. The exchange is not only allowed between the tenant and the tenant: public housing can be exchanged for private. A siding is also possible. Those living together with the tenant have the right to demand from him the exchange of the occupied premises for housing located in different houses and apartments. There is also an exchange procedure in case of a conflict. According to paragraph 3 of Art. 72 of the Housing Code of the Russian Federation, if an agreement is not reached between the employer and the family members living with him, there is only one way out - a forced exchange in court. If there are minors or disabled people in the family, the exchange is necessarily required the prior consent of the guardianship and guardianship authorities, which provide their decision within 14 working days. The exchange of housing between citizens-tenants can be carried out both in one and in different settlements on the territory of the Russian Federation. Exchange chains can be built without limiting the number of participants, the main thing is that your living space does not decrease so much that you will again request a queue for improving living conditions. The exchange is carried out with the consent of the landlords. Housing exchange in Moscow is handled by the State Unitary Enterprise "Moszhilservice". So with all the questions - go there. And you can replace Suppose you live alone in a three-room apartment under a social contract. It's hard for you to support her, utility bills have become an unbearable burden on your shoulders. You want to move to a smaller living space. Your right. And the duty of the landlord is to satisfy your desire. The application must be reviewed within three months. Legislation (both federal and subjects of the Federation) may provide for other grounds for replacing premises. For example, according to Moscow law, people with diseases of the musculoskeletal system who find it difficult to climb to the 5th floor without an elevator are given the opportunity to move by going down several floors below. Temporary residents The tenant also has the right, with the consent of family members, to allow so-called temporary residents to live in the premises he occupies. They differ from subtenants in that they live for free. For temporary residence, prior notification of the landlord is also required. He may refuse if, after the arrival of temporary residents, the total area for each is less than the established norm. Temporary residents cannot live for more than six consecutive months. They are obliged to vacate the premises after the expiration of the period agreed with them. And if the term has not been agreed upon, then no later than seven days from the date of the request by the employer or members of his family. In case of refusal of temporary residents to vacate their housing, they are subject to eviction in court without providing other housing. The employer is responsible for them. Sublet The tenant has the right to transfer part, and in the case of temporary departure - the entire premises for rent. But only with the written consent of the landlord and all family members. And provided that at the same time the apartment will not become too crowded. That is, the norm of the total area per person will not be violated. A communal apartment requires the consent of all tenants and owners, as well as their family members. The guest does not have an independent right to use the premises, the tenant remains responsible for it. Sub-renting is not allowed if a person who suffers from one of the severe forms of chronic diseases lives or moves in. The procedure, conditions, payment terms and payment for sublease are established by agreement of the parties. Demand overhaul! The contract presents the entire "range" of services that must be provided to the tenant. Having such an agreement, the employer can safely demand from the landlord, to whom he pays money, what he is entitled to. Many of our readers, probably, do not even realize that, unlike homeowners, they have the right to punish the landlord with a ruble. If, of course, they deserve it. For example, if the landlord does not fulfill or poorly performs his duties: he does not carry out capital repairs of the residential premises and common property in an apartment building in a timely manner, provides utilities of inadequate quality, etc. use of the occupied living quarters, common property in the house or reimbursement of their expenses for the elimination of deficiencies. You can demand in court and compensation for losses caused as a result of non-performance or improper performance by the lessor of his duties (clause 2 of article 66 of the LC RF). Only live? Using the dwelling for its intended purpose means that you can live in the apartment. But you can't make some kind of sawmill or laundry out of it. True, in the new housing estate, the limits of the use of residential premises for the implementation of professional or individual entrepreneurial activities are expanded, "if this does not violate the rights and legitimate interests of citizens, as well as the requirements that the residential premises must meet" (Article 17 of the RF LC). Obligations of the employer 1) use the living quarters for the intended purpose and within the limits established by the RF Housing Code; 2) ensure the safety of the living quarters; 3) keep it in good condition; 4) carry out current repairs of living quarters; 5) make timely payments for residential premises and utilities; 6) inform the lessor about the change in the grounds and conditions that give the right to use the premises under a social rental agreement no later than 10 working days from the date of such change. Can and evict Nobody can evict the tenant if he fulfills the terms of the contract. The most important and burning of the listed duties of the tenant is the timely payment of housing. Neglecting her is fraught with severe punishment, up to and including eviction. The employer himself can terminate the contract and move out voluntarily. This is his right. According to the law, the premises can be vacated compulsorily. In accordance with Art. 90 of the Housing Code of the Russian Federation, if the tenant and family members living with him for more than six months do not pay for housing and utilities for more than six months without good reason, they can be evicted in court with the provision of another living space under a social tenancy agreement. If the court finds out that the reason why people did not pay for the apartment is valid, such a decision will not be made. If the court makes such a decision, the "evicted" will be provided with another room according to the norms of the hostel: 6 sq. m for "brother". Such eviction is possible only if the person uses the apartment under a social tenancy agreement. Maintenance This is one of the responsibilities of an employer. As follows from the Standard Contract for Social Hiring of a Residential Premises, the following works are included in the current repairs performed by the employer at their own expense: whitewashing, painting and pasting of walls, ceilings, painting floors, doors, window sills, window sashes from the inside, radiators. As well as replacement of window and door devices, repair of in-house engineering equipment (electrical wiring, cold and hot water supply, heat supply, gas supply). If the performance of the listed works is caused by a malfunction of individual structural elements of common property in an apartment building or equipment in it, or is associated with a major overhaul of the house, then they are carried out at the expense of the renter. From the Standard Contract"It is impossible to carry out the reconstruction and (or) redevelopment of the living quarters without obtaining the appropriate agreement, provided for by the Housing legislation of the Russian Federation."

QUESTION ANSWER

Divorce and ... “The situation, unfortunately, is quite commonplace. There lived a family, raised a child. The child grew up, and the couple divorced. But they continue to live in the same apartment. What happens to their rights? M. N. " - ZhK establishes that if a citizen has ceased to be a member of the employer's family, but continues to live in the occupied premises, he retains the same rights and obligations as the employer and his family members. Including housing and utility bills. If I live in another apartment “I am“ registered ”in a municipal apartment in Moscow, but for more than two years now I have been living in the Moscow region, in an apartment that I purchased as my property. Can I terminate my social tenancy agreement and evict me from a municipal apartment due to a long stay in another apartment? Artem ". - Temporary (term is not limited by law) absence of a tenant of a dwelling under a social tenancy agreement does not entail a change in his rights and obligations (Article 71 of the RF LC). In this case, no one will be able to evict you from the apartment occupied under a social contract. However, in addition to the right to use the dwelling, you also retained the obligations of the tenant, including the payment of housing and utility bills. And if you have not paid rent and utility bills for a municipal apartment for more than six months, then according to paragraphs. 1 p. 4 art. 83 of the Housing Code of the Russian Federation, it is possible to terminate your contract and the subsequent eviction of you as an employer. Transferable “Is it possible to transfer tenant's rights from one family member to another if they are registered in the same apartment? Semyon Panin ". - Any adult family member (if he is capable) can become an employer under a social employment contract instead of the previous one. With the consent of all the rest of the family members registered in the living space, of course. We want to unite “Can we, living in one apartment and having separate social tenancy agreements, conclude one agreement? For example, in the case of unification into one family? The Glebov family. " - Citizens living in one apartment, having separate social tenancy agreements, having united into one family, have the right to demand to conclude with one of them one social tenancy agreement for all the residential premises they occupy. This right can be used by spouses who have entered into marriage, that is, who have legally formalized the relationship.

Prepared by Galina Pisarchik with the help of Vladimir Brykov, Head of the Department of Housing Policy

Chapter 8. Social renting of dwellings

Article 60. Contract for social rental of residential premises

1. Under the contract of social rental of residential premises, one party - the owner of the residential premises of the state housing stock or municipal housing stock (the authorized state body or the authorized local self-government body acting on its behalf) or the person authorized by it (the lessor) undertakes to transfer to the other party - the citizen (the tenant ) a dwelling for the possession and use for living in it on the conditions established by this Code.

2. The contract of social rental of residential premises shall be concluded without establishing the term of its validity.

3. Changes in the grounds and conditions that give the right to receive residential premises under a social rental agreement shall not constitute grounds for termination of the social rental agreement for residential premises.

Article 61. Use of residential premises under a social rental agreement

1. The use of residential premises under a social tenancy agreement shall be carried out in accordance with this Code, the social tenancy agreement for this residential premises.

2. The tenant of a dwelling in an apartment building, under a social lease agreement for this dwelling, acquires the right to use the common property in this building.

Article 62. Subject of the contract for social lease of residential premises

1. The subject of a social lease agreement for a dwelling must be a dwelling (dwelling house, apartment, part of a dwelling house or apartment).

2. Non-isolated living quarters, premises for auxiliary use, as well as common property in an apartment building may not be an independent subject of a social lease agreement for residential premises.

Article 63. Form of contract for social rental of residential premises

1. A social rental agreement for residential premises shall be concluded in writing on the basis of a decision on the provision of residential premises with housing stock for social use.

2. A model contract for social rental of residential premises shall be approved by the Government of the Russian Federation.

Article 64. Retention of the contract of social rental of residential premises upon transfer of ownership of residential premises, the right of economic management or the right of operational management of residential premises

The transfer of the ownership right to the residential premises occupied under the social tenancy agreement, the right of economic management or the right of operational management of such residential premises does not entail the termination or change of the terms of the social rental agreement of the residential premises.

Article 65. Rights and obligations of a landlord of residential premises under a social lease agreement

1. The landlord of a dwelling under a social tenancy agreement has the right to demand the timely payment of payments for dwellings and utilities.

2. The landlord of a dwelling under a social tenancy agreement is obliged:

1) transfer to the tenant a dwelling place free from the rights of other persons;

2) take part in the proper maintenance and repair of common property in an apartment building in which the rented dwelling is located;

3) carry out major repairs of residential premises;

4) ensure the provision of the necessary public services of appropriate quality to the tenant.

3. The landlord of a dwelling under a social lease agreement, in addition to the obligations specified in part 2 of this article, shall bear other obligations stipulated by the housing legislation and the social lease of dwelling premises.

Article 66. Responsibility of the lessor of residential premises under a social lease agreement

1. A landlord of a dwelling under a social lease agreement who does not fulfill the obligations provided for by housing legislation and a social lease of dwelling premises shall be liable under the law.

2. In case of non-fulfillment or improper fulfillment by the landlord of the dwelling under the social lease contract of obligations for the timely implementation of the overhaul of the rented dwelling, common property in an apartment building and devices located in the dwelling and intended for the provision of utilities, the tenant, at his choice, has the right to demand reduction of payment for the use of occupied residential premises, common property in an apartment building, or reimbursement of their expenses for eliminating defects in residential premises and (or) common property in an apartment building, or compensation for losses caused by improper performance or non-performance of the specified obligations of the lessor.

Article 67. Rights and obligations of a tenant of residential premises under a social rental agreement

1. The tenant of residential premises under a social tenancy agreement has the right, in the prescribed manner:

1) move other persons into the occupied dwelling;

2) sublet a dwelling;

3) permit temporary residents to live in the living quarters;

4) carry out the exchange or replacement of the occupied living quarters;

5) require the landlord to timely carry out major repairs of the dwelling, proper participation in the maintenance of the common property in the apartment building, as well as the provision of utilities.

2. A tenant of a dwelling under a social tenancy agreement, in addition to the rights specified in part 1 of this article, may have other rights provided for by this Code, other federal laws and the social tenancy agreement.

3. The tenant of residential premises under a social tenancy agreement is obliged:

1) use the dwelling for its intended purpose and within the limits established by this Code;

2) ensure the safety of the living quarters;

3) maintain the proper condition of the living quarters;

4) carry out current repairs of living quarters;

5) make timely payments for residential premises and utilities;

6) inform the lessor, within the time frame established by the contract, about changes in the grounds and conditions that give the right to use the residential premises under a social rental contract.

4. A tenant of a dwelling under a social tenancy agreement, in addition to the obligations specified in part 3 of this article, shall bear other obligations provided for by this Code, other federal laws and the social tenancy agreement.

Article 68. Responsibility of the tenant of residential premises under a social rental agreement

A tenant of a dwelling under a social lease contract who does not fulfill the obligations stipulated by housing legislation and a social lease of dwelling premises shall be liable under the law.

Article 69. Rights and obligations of family members of a tenant of residential premises under a social rental agreement

1. The family members of the tenant of the dwelling under the social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant. Other relatives, disabled dependents are recognized as family members of the tenant of the dwelling under a social tenancy agreement if they are brought in by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as members of the family of the tenant of the dwelling under a social tenancy contract in a judicial proceeding.

2. Members of the family of the tenant of the dwelling under the social tenancy agreement shall have equal rights and obligations with the tenant. The family members of the tenant of the living quarters who are legally capable and have limited legal capacity by the court under the social tenancy agreement shall be jointly and severally liable with the tenant for the obligations arising from the social tenancy agreement.

3. Family members of the tenant of the dwelling under the social tenancy agreement must be indicated in the social tenancy agreement of the dwelling.

4. If a citizen has ceased to be a member of the family of the tenant of the dwelling under a social tenancy agreement, but continues to live in the occupied dwelling, he shall retain the same rights as the tenant and his family members have. The specified citizen is independently responsible for his obligations arising from the relevant social employment contract.

Article 70. The right of the tenant to move into the residential premises he occupies under the contract of social employment of other citizens as members of his family

1. The tenant, with the written consent of his family members, including temporarily absent members of his family, shall have the right to move his spouse, his children and parents, or with the written consent of his family members, into the dwelling he occupies under the contract of social employment, including temporarily absent members of his family, and the renter - other citizens as members of his family living with him. The landlord may prohibit the movement of citizens as members of his family living together with the tenant if, after their arrival, the total area of ​​the corresponding living quarters per family member is less than the accounting norm. Moving in to the parents of their minor children does not require the consent of the rest of the family members of the tenant and the consent of the landlord.

2. Moving into a dwelling of citizens as members of the tenant's family entails a change in the relevant contract of social lease of dwelling in terms of the need to indicate in this contract a new family member of the tenant.

Article 71. Rights and obligations of the temporarily absent tenant of residential premises under a social rental agreement and members of his family

The temporary absence of a tenant of a dwelling under a social tenancy agreement, any of his family members living with him or all of these citizens does not entail a change in their rights and obligations under a social tenancy agreement.

Article 72. Right to exchange residential premises provided under social tenancy agreements

1. A tenant of a dwelling under a social tenancy agreement, with the written consent of the landlord and his family members living with him, including temporarily absent members of his family, has the right to exchange the dwelling space they occupy for a dwelling space provided under a social tenancy agreement to another to the employer.

2. Members of his family living together with the tenant shall have the right to demand from the tenant the exchange of the dwelling they occupy under a social tenancy agreement for residential premises provided under social tenancy agreements to other tenants and located in different houses or apartments.

3. If an agreement on an exchange has not been reached between the tenant of a dwelling under a social tenancy agreement and his family members living together with him, any of them shall have the right to demand the implementation of a compulsory exchange of the occupied dwelling in a judicial proceeding. At the same time, noteworthy arguments and legitimate interests of the persons living in the dwelling to be exchanged are taken into account.

4. The exchange of residential premises, which are provided under social employment contracts and in which minors, incapacitated or partially capable citizens who are family members of the tenants of these residential premises live, is allowed with the prior consent of the guardianship and guardianship authorities. The guardianship and trusteeship authorities refuse to give such consent if the exchange of living quarters provided under social tenancy contracts violates the rights or legitimate interests of these persons. Decisions of the guardianship and trusteeship authorities to give consent to the exchange of living quarters or to refuse to give such consent are made in writing and are provided to the applicants within fourteen working days from the date of their submission of the relevant applications.

5. The exchange of residential premises provided under social tenancy agreements may be carried out between citizens living in residential premises located both in one and in different settlements on the territory of the Russian Federation. The exchange of living quarters is carried out without limiting the number of its participants, subject to the requirements of part 1 of Article 70 of this Code.

Article 73. Conditions under which the exchange of living quarters between tenants of these premises under social tenancy agreements is not allowed

The exchange of residential premises between tenants of these premises under social tenancy agreements is not allowed if:

1) a claim has been brought against the tenant of the dwelling to be exchanged for the termination or amendment of the contract of social lease of dwelling space;

2) the right to use the dwelling to be exchanged is contested in court;

3) the dwelling to be exchanged has been recognized as unfit for habitation in accordance with the established procedure;

4) a decision has been made to demolish the house in question or to re-equip it for other purposes;

5) a decision has been made to overhaul the corresponding house with the reconstruction and (or) redevelopment of residential premises in this house;

6) as a result of the exchange, a citizen who suffers from one of the severe forms of chronic diseases specified in the list provided for by paragraph 4 of part 1 of Article 51 of this Code moves into a communal apartment.

Article 74. Registration of the exchange of residential premises between the tenants of these premises under social tenancy agreements

1. The exchange of residential premises between the tenants of these premises under social tenancy agreements is carried out with the consent of the respective landlords on the basis of an agreement on the exchange of residential premises concluded between the said tenants.

2. The agreement on the exchange of living quarters is concluded in writing by drawing up one document signed by the respective tenants.

3. The agreement on the exchange of residential premises (original) is submitted by the tenants who have entered into this agreement to each of the landlords with whom they have concluded social rental agreements for the exchanged residential premises, in order to obtain consent to carry out the corresponding exchange. Such consent or refusal to give such consent is formalized by the landlord in writing and must be issued by him to the employer who applied for the consent or the representative of the tenant no later than ten working days from the date of the application.

4. The refusal of the lessor to give consent to the exchange of living quarters is allowed only in the cases provided for by Article 73 of this Code. The refusal of the lessor to give consent to the exchange may be appealed against in court.

5. The agreement on the exchange of living quarters and the corresponding consent of each renter of the dwelling to be exchanged is the basis for the termination of previously concluded social tenancy agreements with citizens exchanging dwellings in accordance with the said agreement on the exchange of dwellings, and at the same time the conclusion by each of the renters who have given consent of a new social contract renting a dwelling with a citizen who moves into this dwelling in connection with the exchange in accordance with the specified agreement on the exchange of dwellings. Termination and conclusion of the said social employment contracts shall be carried out by the lessor no later than ten working days from the date of the appeal of the relevant citizen and the submission of the documents specified in this part by him.

Article 75. Recognition of the exchange of living quarters provided under social tenancy contracts invalid

1. An exchange of residential premises provided under social tenancy agreements may be recognized by a court as invalid on the grounds established by civil law for invalidating a transaction, including if such an exchange was made in violation of the requirements provided for by this Code.

2. In the event that the exchange of living quarters provided under social tenancy agreements is recognized as invalid, the parties to the respective agreement on the exchange of living quarters shall be subject to relocation to the living quarters previously occupied by them.

3. If the exchange of residential premises provided under social tenancy agreements is declared invalid due to illegal actions of one of the parties to the agreement on the exchange of residential premises, the guilty party is obliged to compensate the other party for losses incurred as a result of such exchange.

Article 76. Renting a dwelling provided under a social tenancy agreement

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.

Article 77. Contract for sublease of residential premises provided under a social lease contract

1. The contract for the sublease of residential premises provided under a social rental contract shall be concluded in writing. A copy of the contract for the sublease of the dwelling provided under the social tenancy contract shall be transferred to the lessor of such dwelling.

2. In the contract for the sublease of a dwelling space provided under a social tenancy contract, the citizens who are to be moved into the dwelling together with the sub-tenant must be indicated.

3. A 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. If the term is not specified in the agreement, the agreement is considered concluded for one year.

4. The use of residential premises provided under a social rental agreement under a sublease agreement shall be carried out in accordance with a residential premises sublease agreement, this Code, and other regulatory legal acts.

Article 78. Payment for sub-lease of residential premises provided under a social lease agreement

1. The contract for the sublease of residential premises provided under the contract of social tenancy is reimbursable.

2. The procedure, conditions, payment terms and the amount of payment for the sublease of residential premises provided under a social lease agreement shall be established by agreement of the parties in the sublease agreement of such residential premises.

Article 79. Termination and termination of a contract for sublease of residential premises provided under a social rental contract

1. The contract for the sublease of residential premises provided under a social rental contract shall terminate upon the expiration of the period for which it was concluded.

2. Upon termination of the contract for social lease of residential premises, the contract for sublease of such residential premises shall be terminated.

3. 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.

4. In the event that the sub-tenant of the dwelling provided under a social tenancy agreement, or the citizen for whose actions the given sub-tenant is responsible, uses this dwelling for other purposes, systematically violates the rights and legitimate interests of neighbors or mishandles the dwelling, allowing it destruction, the tenant of the dwelling has the right to warn the sub-tenant about the need to eliminate the violations. If the indicated violations entail the destruction of the dwelling, the tenant of the dwelling also has the right to appoint this sub-tenant a reasonable period of time to carry out the repair of the dwelling. In the event that the sub-tenant or the citizen for whose actions this sub-tenant is responsible, after warning the tenant, 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 has the right to terminate the residential sublease agreement in court. premises and evict the sub-tenant and universes together with the citizen sub-tenant.

5. If, upon termination or termination of the contract for sublease of residential premises, the sub-tenant refuses to vacate the residential premises, the sub-tenant is subject to eviction in court without providing other residential premises together with citizens living with him.

6. If the contract for the sublease of residential premises provided under the social tenancy contract is concluded without specifying the term, 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.

Article 80. Temporary residents

1. A tenant of a dwelling under a social tenancy agreement and his family members living together with him, by mutual agreement and with prior notification of the landlord, have the right to allow other citizens to live free of charge in the dwelling they occupy under a social tenancy agreement as temporary residents (temporary residents). The landlord 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.

2. The term of residence of temporary residents may not exceed six consecutive months.

3. Temporary residents do not have an independent right to use the corresponding living space. The employer is responsible for their actions to the lessor.

4. Temporary residents are obliged to vacate the corresponding residential premises upon expiry of the period of residence agreed with them, and if the period has not been agreed upon, no later than seven days from the day the relevant request is presented by the tenant or a member of his family living with him.

5. In the event of the termination of the contract of social rental of residential premises, as well as in case of refusal of temporary residents to vacate the residential premises after the expiration of the period of residence agreed with them or the presentation of the requirement specified in part 4 of this article, temporary residents are subject to eviction from the residential premises in court without providing another living quarters.

Article 81. The right of a tenant of a residential premise under a social tenancy agreement to provide him with a residential premise of a smaller size instead of the occupied residential premise

1. A tenant of a dwelling under a social tenancy agreement, the total area of ​​which per one family member exceeds the provision rate, with the consent of his family members living with him, including temporarily absent members of his family, has the right to apply to the landlord with a request to provide him with a dwelling. smaller rooms instead of occupied living quarters. The landlord, on the basis of an application from the tenant of the residential premises for the replacement of the residential premises, is obliged to provide the tenant, in agreement with him, with another residential premises within three months from the date of submission of the relevant application.

2. Federal legislation and the legislation of the constituent entities of the Russian Federation may provide, in addition to those established by part 1 of this article, other grounds for replacing citizens with residential premises.

Article 82. Amendment of the contract of social rental of residential premises

1. Citizens living in one apartment, using residential premises in it on the basis of separate agreements of social tenancy and united in one family, shall have the right to demand the conclusion with one of them of one agreement of social tenancy of all residential premises they occupy.

2. A legally capable family member of the employer, with the consent of the rest of his family members and the lessor, shall have the right to demand recognition as an employer under a previously concluded social employment contract instead of the original employer. In the event of the death of the employer, the same right belongs to any legally capable family member of the deceased employer.

Article 83. Termination and termination of the contract of social rental of residential premises

1. The contract of social rental of residential premises may be terminated at any time by agreement of the parties.

2. A tenant of a dwelling under a social tenancy agreement, with the written consent of his family members living together with him, has the right to terminate the social tenancy agreement at any time.

3. In the event of the departure of the tenant and his family members to another place of residence, the contract of social rental of residential premises shall be deemed terminated from the date of departure.

4. Termination of the contract of social rental of residential premises at the request of the lessor is allowed in court in the event of:

1) failure by the tenant to pay for residential premises and (or) utilities for more than six months;

2) destruction or damage to the dwelling by the tenant or other citizens for whose actions he is responsible;

3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same dwelling;

4) the use of residential premises for other purposes.

5. The contract of social rental of residential premises is terminated in connection with the loss (destruction) of the residential premises, with the death of a lonely tenant.

Article 84. Eviction of citizens from residential premises provided under social tenancy agreements

Eviction of citizens from residential premises provided under social tenancy agreements is carried out in a judicial proceeding:

1) with the provision of other comfortable residential premises under social rental contracts;

2) with the provision of other residential premises under social rental contracts;

3) without the provision of other residential premises.

Article 85. Eviction of citizens from residential premises with the provision of other comfortable residential premises under social tenancy agreements

Citizens are evicted from residential premises with the provision of other comfortable residential premises under social tenancy agreements if:

1) the house in which the dwelling is located is subject to demolition;

2) residential premises are subject to transfer to non-residential premises;

3) the dwelling has been declared unfit for living;

4) as a result of major repairs or reconstruction of the house, the residential premises cannot be saved or its total area will decrease, as a result of which the tenant and his family members living in it may be recognized as needing residential premises, or will increase, as a result of which the total area occupied living space for one family member will significantly exceed the provision rate;

5) residential premises are subject to transfer to a religious organization in accordance with the Federal Law “On the Transfer of State or Municipal Property of Religious Purpose to Religious Organizations”.

Article 86. The procedure for the provision of residential premises under a social rental agreement in connection with the demolition of a house

If the house in which the residential premises occupied under a social tenancy agreement is located is subject to demolition, the state authority or local self-government body evicted from it by the state authority or local self-government body that has made a decision to demolish such a house shall be provided with other comfortable residential premises under social tenancy agreements.

Article 87. The procedure for the provision of residential premises under a social rental agreement in connection with the transfer of residential premises to non-residential premises or recognition of them as unfit for living

If a dwelling occupied under a social tenancy agreement is subject to transfer to non-residential premises or is recognized as unsuitable for living, the landlord who is being evicted from such dwelling premises shall be provided with another comfortable dwelling place under a social tenancy agreement.

Article 87.1. The procedure for the provision of living quarters under a social rental agreement in connection with the transfer of living quarters to a religious organization

If a dwelling occupied under a social tenancy agreement is subject to transfer to a religious organization in accordance with the Federal Law "On the Transfer of State or Municipal Property of Religious Purpose to Religious Organizations", citizens evicted from such dwelling, the renter shall provide another comfortable dwelling under a social employment contract, taking into account the requirements of Part 8 of Article 5 of the said Federal Law.

Article 88. The procedure for the provision of residential premises in connection with the overhaul or reconstruction of a house

1. When carrying out a major overhaul or reconstruction of a house, if such repair or reconstruction cannot be carried out without the eviction of the tenant, the lessor is obliged to provide the tenant and his family members for the time of the in the specified house. At the time of overhaul or reconstruction under a lease agreement, a dwelling of a maneuverable fund is provided. If the tenant and his family members refuse to relocate to this dwelling, the lessor may require relocation in court. The relocation of the tenant and his family members to the dwelling of the flexible fund and back is carried out at the expense of the landlord.

2. In return for the provision of dwelling space for a flexible fund, the lessor, with the consent of the tenant and his family members, may provide them with another comfortable dwelling space for use with the conclusion of a social lease agreement. The social lease agreement for residential premises in a house subject to major repairs or reconstruction is subject to termination.

3. If, as a result of major repairs or reconstruction of the house, the dwelling occupied by the tenant and his family members under a social tenancy agreement cannot be preserved or its total area will decrease, as a result of which the tenant and his family members living in it may be recognized as needy in residential premises, or will increase, as a result of which the total area of ​​occupied residential premises per family member will significantly exceed the provision rate, another residential premises must be provided under a social lease agreement by the landlord prior to the start of major repairs or reconstruction.

4. After a major overhaul or reconstruction of the house, the tenant and his family members living together with him have the right to move into the dwelling, the total area of ​​which has decreased as a result of the major overhaul or reconstruction.

Article 89. Provision of other comfortable living quarters to citizens under a social rental agreement in connection with eviction

1. Provided to citizens in connection with eviction on the grounds provided for by Articles 86 - 88 of this Code, other residential premises under a social tenancy agreement must be comfortable in relation to the conditions of the relevant settlement, equivalent in terms of the total area of ​​the previously occupied residential premises, meet the established requirements and be within the boundaries of this settlement. In the cases provided for by federal law, such provided residential premises, with the written consent of citizens, may be located within the boundaries of another settlement of the subject of the Russian Federation, on the territory of which the previously occupied residential premises is located. In cases stipulated by federal law, citizens who are registered as needing residential premises or have the right to be registered in this register are provided with residential premises according to the provision rates.

2. If the tenant and his family members living together with him before the eviction occupied an apartment or at least two rooms, the tenant accordingly has the right to receive an apartment or to receive a dwelling, consisting of the same number of rooms, in a communal apartment.

3. The living quarters provided to a citizen who is being evicted in court must be indicated in the court's decision on eviction.

Article 90. Eviction of a tenant and his family members living with him from a dwelling with the provision of another dwelling under a social tenancy agreement

If the tenant and his family members living together with him for more than six months without good reason do not pay for the dwelling and utilities, they can be evicted in court with the provision of another dwelling under a social tenancy agreement, the size of which corresponds to the size of the dwelling. premises established for the introduction of citizens into the hostel.

Article 91. Eviction of a tenant and (or) his family members living with him from a dwelling without providing another dwelling

1. If the tenant and (or) his family members living together with him use the dwelling for other purposes, systematically violate the rights and legitimate interests of neighbors or mishandle the dwelling, allowing its destruction, the renter is obliged to warn the tenant and his family members about the need eliminate violations. If the indicated violations entail the destruction of the dwelling, the lessor also has the right to appoint the tenant and his family members a reasonable period to eliminate these violations. If the tenant of the dwelling and (or) his family members living together with him, after warning the lessor, do not eliminate these violations, the guilty citizens, at the request of the landlord or other interested persons, are evicted in court without providing another dwelling.

2. Citizens deprived of their parental rights may be evicted from the dwelling without provision of another dwelling, if the cohabitation of these citizens with children in respect of whom they have been deprived of parental rights is recognized by the court as impossible.

Unfortunately, even now, not all people have the opportunity to buy housing or rent an apartment. Therefore, renting a dwelling according to a social contract remains as popular as ever.

Few people know how to enter into a social employment contract and what it is, and without this basic knowledge, little can be done. Therefore, now we will understand all this in more detail.

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Definition and types of contract

For a long time, there was only such a thing as renting premises. Nobody knew about it. There is a discrepancy between these two concepts, which is that hiring is provided for social needs, and rent is for commercial gain. Otherwise, there are few differences, since in both cases there are two parties to the transaction, and housing is transferred only for a certain fee on mutually beneficial terms. There are several types of contracts. Several landlords stand out: state, local municipality and private housing stock. The latter has become popular only recently, but it is based on practically the same foundations and norms as in other forms.

If we consider the rental of residential premises, then we need to talk about housing, which is provided by the state and the municipality.

The rights and obligations of the parties are governed by civil and housing law, therefore, in case of disagreement, it is necessary to contact it there.

If we talk about the procedure for concluding a social rental agreement, then the landlord, represented by the state or local government, transfers the living quarters to the other party for living.

Who are the parties to the contract?

The landlord is the governing body with special powers. With an employer, everything is much more complicated and you can face a number of restrictions. For example, a stateless person or a foreigner cannot rent an apartment or other dwelling. This service is available only to citizens of the Russian Federation who need it and have been registered.

On the side of the employer, members of his family, who are determined by law, can act, but in some cases they can also be established by the court. In this case, each citizen must be described in the contract, since the whole family will be responsible for the property that will be provided to them.

In the event of the death of the employer, another family member can renegotiate the social contract or draw up a new document.

What is the subject of recruitment and how long is the contract?

The object of rent can be an apartment, a house or a room. This room must meet all established sanitary and technical standards, and be recognized as suitable for permanent residence. A dacha or a country house is not classified as such.

Such an apartment or other premises must be provided within the city in which you live. The size of an apartment or house must comply with the standards according to which a certain square is calculated for one family member.

A non-isolated property can be used in a social tenancy agreement, as it meets the requirements according to which it is possible to use premises where the kitchen, bathroom and toilet are shared or walk-through for several people.

Many are also interested in how long such an agreement will last. It is not worth worrying, since such a room is often rented out for perpetual use, that is, you can use it as long as you provide yourself with housing on your own or do not decide to privatize it under a social contract.

How is the payment for accommodation carried out?

Do not think that you will live completely free of charge, as there are some points for which you will have to pay money from your wallet.

This is often:

  • Payment for accommodation under a lease agreement. Citizens who have been found to be poor are exempted from such payments;
  • Payment for services for the repair and maintenance of housing. Includes only repairs and replacement of pipes or meters. The amount will be calculated based on the size of the room;
  • according to bills.

Landlord's rights and obligations

It is impossible to ignore such an important part of the process as the rights and obligations of each of the parties.

The landlord is obliged:

  • Transfer a dwelling in which other citizens do not live and do not have rights to it;
  • Take part in the repair work carried out in the house;
  • To carry out not only minor works, but also major repairs for money from payment for services;
  • Ensure that utilities are provided to the tenant of high quality and in full.

There are other prescriptions that are often overlooked. The landlord must provide citizens with temporary housing that meets all standards during a major overhaul.

Also, the authorities can evict tenants if they do not pay for utilities or do not pay for the use of the premises for more than six months without good reason. In such cases, we can talk not only about eviction, but also about litigation, as a result of which the employer will have to pay damages. This can also happen due to improper use of the premises, destruction of the apartment and refusal to eliminate such problems. In this case, the tenant may not be provided with another living space.

The rights and obligations of the employer

Obligations of the tenant of the residential premises for which the agreement is concluded:

  • Use housing in accordance with the norms and established procedure;
  • Monitor the safety of the normal state of the apartment or house;
  • Carry out repairs;
  • Pay accommodation and utilities on time.

The tenant must receive his home after a major renovation no later than 10 days after the start. Sometimes this date can be delayed due to the deplorable residential condition of the real estate for which the document was concluded.

In terms of rights, an employer can:

  • Place other citizens in the property;
  • Rent out housing;
  • Agree to accommodate temporary residents;
  • Change apartment for another;
  • Require the local government to carry out repairs and maintain the premises in good conditions.

In addition, citizens have the right to demand compensation for losses if they were engaged in repairs on their own, and to reduce the payment for using the premises. At the same time, the employer can retain the right to use the social employment contract, even if he and his family are temporarily absent and have left.

What is worth remembering?

A social tenancy agreement is a written agreement that is concluded by both parties, but only after the consent of the municipality and the receipt of a warrant to move into an apartment or house.

You can terminate the contract with the consent of the parties. The employer can do this at any time, if necessary. The landlord can terminate the document only if there are certain factors and grounds described in the law.

Another condition for the termination of the contract can be considered the destruction of the premises or its poor condition. If the employer or the party to the agreement has changed, then there can be no talk about termination of the speech, because he retains all the same rights and obligations.

This issue requires special knowledge, so citizens often turn to specialists for help, who help to collect and draw up the necessary documents to conclude an agreement. For some, social housing becomes the last option for a happy life, given the fact that after a while, you will be able to privatize such a house or apartment.

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