Reasons
How to obtain municipal living space for use and how to properly legitimize these legal relations?
The apartment is given to the citizen for use indefinitely, taking into account the living space standard. The responsibility of a person who is a tenant of municipal property is to use it for living and make all payments on time.
To draw up a document on social rent, a decision of the executive authorities is required : the tenant is provided with living space. It can also be issued on the basis of a warrant for an apartment (orders for social housing were issued until 2004).
The Housing Code of the Russian Federation has a list of statuses of citizens to whom the state can provide a social apartment:
- Low-income (status must be confirmed with local authorities).
- Those who need to obtain living space (the grounds for obtaining such status are written in Article 51 of the Housing Code: do not rent housing, do not have their own; live in premises that do not meet the minimum standards for area; housing conditions are not acceptable for living; without a better housing option, they live together with a person whose health condition makes it dangerous or unbearable for other persons to live with him, as confirmed by health authorities).
- Categories of citizens specified in the law of a specific subject of the Russian Federation.
- Foreigners, not citizens of the Russian Federation, if there are international grounds.
- Disabled people.
Only a legal entity can become a lessor in social renting.
Close relatives of the employer living with him, in essence, just like him, are tenants who have the same rights and obligations regarding state property.
You can find out about the amounts of payment and utilities for social hiring from our article.
Rights and obligations of the landlord
One cannot ignore such an important part of the process as the rights and obligations of each party.
The lessor is obliged:
- Transfer residential premises in which other citizens do not live and have no rights to it;
- Take part in repair work carried out in the house;
- Carry out not only minor work, 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 rules that are often forgotten. The landlord must provide citizens with temporary housing that meets all standards during major major repairs.
Also, management authorities can evict residents if they do not pay 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 legal proceedings, as a result of which the tenant will have to pay for the damage. 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 other living quarters.
Document form
It is mandatory, according to Article 51 of the Housing Code, to conclude an agreement in writing .
The order does not confirm the existence of such a form, since it is an administrative act drawn up unilaterally.
When registering, the parties, their rights and obligations regarding the provided living space are indicated.
Find out about the grounds for eviction and relocation from social apartments on our website.
Definition and types of contract
For a long time, there was only such a thing as renting premises. Nobody knew about the social tenancy agreement. These two concepts have a divergence in that hiring is provided for social needs, and renting 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 agreement. There are several landlords: the state, local municipality and private housing stock. The latter has become popular only recently, but it is based on almost the same foundations and norms as in other types.
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If we consider renting residential premises, then we need to talk about housing provided by the state and municipality.
The rights and obligations of the parties are regulated by civil and housing law, so if disagreements arise, you must contact them there.
If we talk about the procedure for concluding a social rental agreement, then the landlord, represented by the state or local government, transfers residential premises to the other party for living.
Where and how to submit an application?
Let's consider the order of conclusion. Social worker hiring document housing is issued in the Office of the Housing Policy Department (administration) or in the MFC. What documents are needed? The applicant or his authorized representative must submit:
- passport;
- application (its form can be free);
- identification documents of the applicant's family members (copies): birth certificates and passports;
- marriage certificates, divorce certificates (if any);
- certificates of relationship with persons to be included in the document (family composition);
- documents on the basis of which citizens are moved in: the original warrant (if any) and its copy; an extract stating that the living space is provided to the tenant (from the decision of the executive body);
- certificates confirming that there are no debts on utility bills;
- certificates stating that the living space is municipal property (from the BTI, extract from the Unified State Register and from the register of municipal property).
If the conclusion occurs after a court decision or resolution of the mayor, among the documents listed above there must be a court decision or resolution of the mayor.
The department will check whether all documents have been collected, whether the application has been drawn up correctly, and will register it in the database. The applicant receives an extract from this database signed by an employee indicating the date when the application was accepted, he is informed about the period during which the decision will be made, and is given contacts of department employees.
The application is reviewed within a month if no further documents are required. application fee .
You can find out whether municipal housing space can be rented out and whether it can be exchanged for another one from the articles on our website.
Required documents
Social rent involves concluding a standard agreement between the landlord and the tenant.
The minimum set of documents provided is as follows:
- National passport of the applicant.
- Certificate from place of residence.
- Data on family composition.
- Extract from the house register at the place of registration.
- Information about the applicant's financial situation.
- A certificate stating that the applicant does not own any other real estate.
The duration of the obligations is not limited to a time interval. But if violations are detected on the part of the tenant, the authorities have the right to terminate it.
Additional agreement
When should it be issued? Occasions:
- The composition of the family changes - someone moves in or moves out, being removed from the register.
- After major renovations, the area increases or decreases.
- Full name changes. the employer or one of his family members living at the same address with him.
- The postal address of the property changes.
- Housing status changes.
Application form for concluding an additional agreement to the social tenancy agreement
If the rights of citizens related to moving into an apartment are violated, you can file a complaint with the court.
Evidence of a violation of rights may be a tape recorder or a written refusal to provide housing.
Find out what to do in the event of the death of a responsible tenant in public housing on our website.
The woman was forced to enter into a social tenancy agreement
A resident of Bryansk lived in an apartment with other family members, but suffered from a severe form of a chronic disease.
With her illness, it was impossible to live together with other people. According to a court decision in 2020, the local administration was obliged to provide a resident without a waiting list with an apartment under a social rental agreement with a total area not less than the provision norm. Three years later, the administration distributed the vacated apartment with an area of 28.7 square meters under a social lease agreement. m in addition to the woman's 1/3 share in the right of common shared ownership of another premises. However, the citizen refused the new premises, citing the fact that she was not satisfied with its size, location and layout of the premises in it.
Then the municipality filed a lawsuit to compel the conclusion of a social rental agreement, indicating that the resident had no grounds for refusing to enter into an agreement, since the premises provided are located on the territory of the city, are well-equipped, and its area takes into account the citizen’s share in the right to ownership of another apartment fully complies with the court decision that the administration tried to implement.
The court satisfied the claims, obliging the resident to enter into a social tenancy agreement. He assumed that the premises provided met the requirements of housing legislation.
The appellate court upheld this court decision.
How to get the service through the MFC?
The citizen receives advice on the order in which the service will be provided and collects a package of documents, which is accepted at the MFC. 30 days after registration of documents, the applicant is notified of the result of consideration of his application.
You can learn about the grounds for terminating a social rent agreement in our article.
Social tenancy agreement: how to get it and where to apply for it
Based on the decision to transfer the living space to public rent, a contract is signed. You can sign and receive it from government agencies or the municipality. It all depends on who provides social assistance. Such an agreement includes:
- exact details of the landlord and the details of the tenant;
- data of the transaction object;
- a complete list of residents who will live;
- rights and obligations of the parties to the transaction;
- the conditions for termination of the contract are specified;
- signatures of both parties.
To conclude a contract, citizens must submit a certain package of documents. Required list of documents:
- Copies of documents of the whole family: birth certificates, passports, marriage certificates and so on.
- A certificate confirming permission to issue an apartment.
- If citizens live in emergency premises, then they must present an act of demolition of the building or its transfer to non-residential use.
- Certificate from the house register at the place of registration of all family members.
- Bank statement about financial condition.
- An extract confirming the absence of residential property.
After submitting the required package of documents, a receipt will be issued and a date will be set for concluding the contract.
