Residential rental agreement between individuals 2020: sample

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The concept of social rental of residential premises was introduced by the Civil and Housing Codes to streamline legal relations in the field of operation of municipal and state housing funds.

Under a social tenancy agreement, the landlord, that is, the owner of an apartment or other housing belonging to a state or municipal fund, or his representative (authorized person), undertakes the obligation to transfer this residential premises to the citizen tenant for possession and use for the purpose of living in it under certain conditions prescribed in Russian housing legislation.

After the Housing Code came into force in 2005, the need to conclude an agreement for the social rental of apartments raised many questions among citizens living in residential premises of a municipal or state housing stock.

However, as practice has shown, a social rental agreement is only a formal document that states the right of the tenant and other members of his family to use an apartment or other housing without a time limit.

The agreement simply streamlined the existing relationship between the relevant municipality (state) and the owner of the apartment. In addition, the agreement stipulates the rights and obligations of the tenant using the premises for social rent.

However, one should not equate the relationship of social hiring with the implementation of privatization. In the latter case, the apartment is considered the property of the citizen, and with social rent it remains the property of the municipality, despite almost the same conditions of use.

Main characteristics of social hiring

The social rental agreement for residential real estate is characterized by the following features:

residential premises under this agreement are provided from state or municipal housing funds;
the agreement is indefinite, which distinguishes social rental from legal relations for the rental of service apartments;
the contract is consensual, that is, to formalize it, the parties only need to agree on the essential terms of the agreement, namely the subject (that is, a specific residential premises) and the identity of the tenant;
The social rental agreement is compensated, since housing is provided to the tenant for a certain fee.

Characteristic

The main distinctive features of this agreement:

The only essential condition (that is, one that the parties must necessarily agree upon, otherwise the contract will not be considered concluded) is its subject matter. This can only be an isolated, separate room, suitable for permanent residence in it (this is not only apartments and houses, but also parts of them). The contract must contain all the characteristics of the housing for the purpose of its identification.
The legislator provides only a written form of the agreement.
The basis for the conclusion is the decision to provide premises by the authorities.
Housing is provided to low-income citizens identified as needing it.
This object can be privatized on the basis of Art. 2 of the Law of the Russian Federation No. 1541-1. A citizen can exercise his right to privatization only once during his entire life.
The contract can be terminated only by agreement of the parties or due to failure to fulfill the conditions stipulated in it. For example, if the tenant moves or fails to pay utility bills.
Exchange of residential premises on social rent is allowed.
Members of the employer's family have a special status; they have equal rights with him, bear responsibilities and are jointly liable for obligations, which must be indicated in the text of the contract. Even if they lose their status as a family member (for example, a husband and wife get divorced), their continued residence in such residential premises remains within the law.

Thus, a social tenant has more rights than a commercial tenant, but less than the owner. This is a kind of intermediate option provided by the state as a measure of social support for certain categories of citizens.

Requirements for the content and form of the agreement

The agreement regulating social hiring relations is drawn up in writing. At the same time, Russian legislation quite strictly regulates the content of the agreement itself. In a decree of the Government of the Russian Federation of May 2005, a standard social rental agreement was approved, which included all the mandatory terms of the agreement.

social rental of residential premises in .doc format

Parties to the agreement

With social rent, one party to the contract is the owner of the property, and the other is a Russian citizen. An authorized body of the municipality or state, respectively, acts on behalf of the owner of apartments belonging to the municipal or state housing stock.

The employer cannot be any individual, but only a citizen of the Russian Federation. In accordance with the norms of the Housing Code, social hiring does not apply to stateless persons or foreigners, except in cases provided for by an international agreement.

Several family members can simultaneously act as co-tenants, who must be indicated in the rental agreement.

At the mutual request of the persons living in the apartment, the contract can be drawn up only for one of the family members. All family members living in the apartment that is the subject of a social rental agreement have the same obligations and rights under the agreement as the main tenant, and bear joint liability with him for all obligations specified in the agreement.

Object of the agreement

When registering social tenancy, the object of legal relations and, accordingly, the contract is a specific residential premises (this can be an apartment, a room, a residential building or part of it), which is part of the housing stock of the state or a certain municipality.

An independent object of social rental relations can only be isolated apartments or other residential premises that are suitable for people to live on a permanent basis and meet all established sanitary standards and rules defined in Russian legislation.

Non-isolated premises, kitchens, utility rooms and technical premises cannot in themselves be the objects of a social rental agreement.

Terms of payment

Any agreement establishing legal relations for the social rental of residential real estate contains rules regarding payment. When registering for social employment, the employer undertakes to promptly pay:

payment for the rental of the corresponding residential property, that is, payment for the use of this apartment or other housing. Low-income citizens may, by decision of the authorized body, be exempted from paying the amount accrued for the use of housing;
fees for the provision of services by public utilities. The amount of utility bills is calculated either on the basis of the readings of special metering devices or, in their absence, on the basis of standards approved by the municipality;
payment for current and major repairs of housing, as well as for its maintenance. This type of payment usually includes all services provided and work performed on the management of an apartment building, maintenance and repair of common property in this building. The amount of payments is calculated, as a rule, based on the occupied area of an apartment or room registered under a social rental agreement.

Found documents on the topic “residential rental agreement”

Act of acceptance and transfer of property to rental agreement residential premises Rental agreement for residential premises → Act of acceptance and transfer of property to the rental agreement for residential premises
annex to rental agreement residential premises dated "" 201. act of acceptance and transfer of the year "" 201. ...
Agreement hiring residential premises
Residential lease agreement → Residential lease agreement
rental agreement for residential premises "" was registered at the address: hereinafter referred to as ...
Agreement on deposit upon conclusion agreement hiring residential premises
Agreement and agreement on deposit → Agreement on deposit when concluding a rental agreement for residential premises
...the recipient received from the depositor an amount of () rubles as a guarantee of fulfillment of his obligation to conclude rental agreement for residential premises , the monthly rental of which is (). residential premises are located at: . ...
Sample. Agreement hiring residential premises
Residential lease agreement → Sample. Residential rental agreement
rental agreement for residential premises "" 20, (name of the owner of the residential premises or management...
Deed of transfer to agreement hiring (rent) residential premises
Residential lease agreement → Transfer deed to the residential lease agreement
transfer deed to rental agreement dated "" 201. "" 201 gr. (full name) hereinafter referred to as “ tenant ...
Agreement hiring (subhire) residential premises
Residential lease agreement → Residential lease (sublease) agreement
rental agreement (sublease) of residential premises No. "" 201 Mr. (Ms.), hereinafter referred to as ...
Agreement hiring residential premises 1
Residential lease agreement → Residential lease agreement 1
residential rental agreement . _ g. "" 201 owner of...
Agreement subletting residential premises provided by agreement social hiring
Residential lease agreement → Sublease agreement for residential premises provided under a social tenancy agreement
sublease agreement for residential premises provided under social tenancy agreement (locality) (day, month, year)…
Agreement hiring residential premises 2
Residential lease agreement → Residential lease agreement 2
residential rental agreement . _ "" 201 gr. (full name), hereinafter referred to as “ tenant ...
The act of transferring property to agreement hiring residential premises
Residential lease agreement → Act of transfer of property to the residential lease agreement
deed of transfer of property. to rental agreement for apartment No., located at the address: city, st. d., sq. , from "" 201 ...
Agreement hiring residential premises with right of redemption
Residential lease agreement → Residential lease agreement with the right to purchase
agreement for the lease of residential premises with the right to purchase the city "" citizen, (last name, first name, patronymic) named after...
Sample. Agreement hiring (rent) residential premises with right of redemption
Residential lease agreement → Sample. Lease agreement for residential premises with the right to purchase
contract for rental (lease) of residential premises with the right to purchase the city "" 20 citizen, (last name, first name, patronymic) referred to in ...
Resolution of the head of the admin. Arkhangelsk dated 02.23.96 No. 35 o agreement social hiring residential premises
Residential lease agreement → Resolution of the head of the administration. Arkhangelsk dated February 23, 1996 No. 35 on the social rental agreement for residential premises
Head of Administration - Mayor of Arkhangelsk Resolution No. 35 of February 23, 1996 on the social rental agreement for residential premises in accordance with the law of the Russian Federation “on the fundamentals of federal housing policy”, I decree ...
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Resolution of the head of the admin. Arkhangelsk dated 02.23.96 No. 35 o agreement social hiring residential premises
Residential lease agreement → Resolution of the head of the administration. Arkhangelsk dated February 23, 1996 No. 35 on the social rental agreement for residential premises
Head of Administration - Mayor of Arkhangelsk Resolution No. 35 of February 23, 1996 on the social rental agreement for residential premises in accordance with the law of the Russian Federation “on the fundamentals of federal housing policy” I decree...
Typical agreement hiring (rent) residential premises with the right of subsequent redemption
Residential lease agreement → Standard lease agreement for residential premises with the right of subsequent purchase
rental agreement residential premises , "" 20 citizen, (last name, first name, patronymic) ...

Rights and obligations of the parties

The contract must stipulate the rights and obligations of both parties.

Landlord's responsibilities:

transfer to the tenant an apartment or other residential premises free from encumbrances and rights of third parties;
carry out major repairs of the transferred residential premises in a timely manner;
participate in the proper maintenance of the common property of the apartment building in which the apartment leased under a rental agreement is located;
ensure, in accordance with the agreement, the provision of utilities and services of appropriate quality to tenants;
other obligations determined by housing legislation or by agreement of the parties (for example, the standard contract states the landlord’s obligation to provide the tenant with temporary housing while major repairs are carried out in the house).

Rights of the landlord under a social tenancy agreement:

1. Require employers to timely pay all payments stipulated by the contract, including utility bills; 2. Apply to the court with a demand to evict the tenant and his family members from the occupied apartment if they:

have not made mandatory payments for the apartment for more than six months (the court may decide to evict if citizens are provided with another apartment or a smaller room under social rent);
use the residential premises provided to them under the contract for other purposes;
constantly violate the rights of their neighbors (for example, making noise at night, etc.);
mismanage the transferred apartment, which leads to its destruction.

The right to evict tenants in court arises from the landlord only if the tenants, after appropriate notice, do not eliminate the violations they have committed.

In all of the above cases, except the first, citizens can be evicted from their occupied apartment without providing them with other housing. However, the decision to evict can only be made by the court.

Responsibilities of the tenant in social housing rental:

use the housing transferred under the contract for its intended purpose and within the limits established by the Russian housing complex;
ensure the safety of the received living space, maintain it in proper condition and, if necessary, carry out routine repairs;
pay utility bills on time and pay the established fee for the use of the premises;
promptly inform the landlord about all changes in the conditions and grounds that give the right to use housing under a social rental agreement;
other responsibilities specified in the contract.

Tenant rights:

sublease an apartment or other housing;
move other persons into the premises that are the object of a social tenancy agreement at their own discretion, unless this is contrary to the law and does not violate the rights of neighbors;
place temporary residents in your living quarters;
replace or exchange the occupied apartment;
demand from authorized persons of the landlord the timely implementation of capital repairs of housing and the provision of necessary utilities;
other rights specified in Russian legislation or in the agreement itself.

Is it possible to register at the dacha? – you will learn about this by reading the article at the link.
How to properly draw up a will for an apartment, read this article.

What does the new standard social employment contract guarantee?

What does the new standard social employment contract guarantee?

, Doctor of Law, Professor, Professor at the Military University

The Government of the Russian Federation, by resolution No. 000 dated January 1, 2001, in pursuance of Art. 63 of the Housing Code of the Russian Federation (hereinafter referred to as the Housing Code of the Russian Federation) approved the Standard Social Tenancy Agreement for residential premises (hereinafter referred to as the Social Tenancy Agreement). The said resolution established that social rental agreements for residential premises concluded before its entry into force are not subject to re-registration (clause 2). It should be noted that this applies to already concluded agreements. If, as often happens in practice, social rent agreements have not previously been concluded with persons using residential premises of the social use fund, then agreements will be concluded with them in a new standard form.

The conclusion of a Social Tenancy Agreement, on the one hand, is the right of the parties, and on the other, an obligation, since only after its conclusion the parties have rights and obligations, and an individual (who becomes a tenant after its conclusion) and members of his family have the right to move into living space and its use.

The resolution abolished a number of regulatory legal acts in terms of approval of the Standard Agreement for the Tenancy of Residential Premises in State and Public Housing Housing (approved by the Resolution of the Council of Ministers of the RSFSR “On approval of the Rules for the use of residential premises, maintenance of a residential building and local area in the RSFSR and the Standard Agreement for the rental of residential premises premises in state and public housing buildings in the RSFSR" dated 01/01/01 No. 000.

Let us briefly comment on the Social Tenancy Agreement, which is concluded with any citizens who are provided with residential premises under social rent, regardless of the grounds and categories of citizens: low-income citizens or other citizens to whom such premises are provided on the basis of a special law.

1. Preamble of the agreement

. The preamble identifies the landlord and the tenant. First of all, the Social Tenancy Agreement is concluded by an authorized government body of the Russian Federation, a government body of a constituent entity of the Russian Federation, a local government body or another person authorized by the owner, acting on behalf of the owner of the residential premises: the Russian Federation, a constituent entity of the Russian Federation, a municipal entity (landlord). The authority to conclude social tenancy agreements by officials on behalf of the landlord is based on a power of attorney issued by the head of the relevant government authority, or on an act (order, resolution, resolution) adopted by him in accordance with his competence. The details of the authorizing document are also indicated in the preamble of the Social Tenancy Agreement.

The tenant is an individual - a citizen of the Russian Federation, who is provided with residential premises under the Social Tenancy Agreement.

The preamble also indicates the legal basis for concluding a specific Social Tenancy Agreement, which is a decision to provide residential premises to a specific individual.

2. Subject of the agreement.

The subject of any agreement is one of its essential conditions, without the agreement of which the agreement will not be considered concluded. As a general rule, the description of the subject consists of indicating specific actions that the parties must perform in relation to certain property. Under the Social Tenancy Agreement, the landlord transfers to the tenant and members of his family for indefinite possession and use of an isolated residential premises. The belonging of the residential premises to the type of housing stock (state or municipal property) is indicated. Moreover, if the residential premises are state-owned, it is indicated that it belongs to federal property, i.e. the Russian Federation, or to the property of a specific subject of the Russian Federation.

The section “Subject of the agreement” also provides a detailed description of the technical characteristics of the residential premises: the number of rooms in the apartment, total and living area, address of the residential premises.

The total area of a residential premises consists of the sum of the areas of all parts of such premises, including the area of auxiliary premises intended to satisfy citizens' household and other needs related to their residence in residential premises, with the exception of balconies, loggias, verandas and terraces (Part 5 of Art. 15 Housing Code of the Russian Federation). The total area includes the area of all living rooms of the apartment and the auxiliary (utility) premises available in it (corridors, kitchen, bathroom, storage rooms, etc.).

According to the Instructions on accounting of the housing stock in the Russian Federation, approved by order of the Ministry of Land Construction of Russia dated August 4, 1998 No. 37, a living room is a part of an apartment, dormitory, separated from other premises (rooms) by partitions, intended for living and recreation. The living area includes only the area of living rooms, including the area of bedrooms and dining rooms, rooms for games, study and recreation, as well as the area of insulated verandas equipped for living .

In the section “Subject of the agreement” the intended purpose of the residential premises is indicated - the residential premises are provided for living in it (Article 17 of the Housing Code of the Russian Federation). At the same time, it is permitted to use residential premises for professional activities or individual entrepreneurial activities by citizens living there legally, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet. In this case, citizens carrying out this activity include, for example, notaries (Fundamentals of the legislation of the Russian Federation on notaries of 01.01.01), lawyers (Federal Law “On advocacy and advocacy in the Russian Federation” of 01.01.01. ), teachers (Law of the Russian Federation “On Education” dated 01/01/01 as amended by the Federal Law dated 01/01/01, etc.).

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The placement of industrial production in residential premises is not allowed. Other use may result in termination of the social tenancy agreement by virtue of Part 4 of Art. 83 Housing Code of the Russian Federation. The specified provision of the RF Housing Code corresponds to para. 1 clause 3 art. 288 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), which prohibits the location of industrial production in residential buildings in general, that is, both in residential and non-residential premises that may be located in such a house. The problem is the lack of a legal interpretation of the concept of “industrial production,” including for the purposes of housing legislation. Other legislative acts also do not define this concept, which in practice can lead to difficulties in resolving issues of classifying any type of activity as “industrial production”.

The question also arises about the possibility of locating industrial production in the non-residential part of a residential apartment building. Subject to para. 2 p. 3 art. 288 of the Civil Code of the Russian Federation, the specified premises may house organizations that are not engaged in industrial production (for example, organizations engaged in trade, providing household services to the population, etc.) and only if the requirements established by housing, town planning, environmental legislation, and fire safety legislation are met and etc.

The use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in this residential premises, fire safety requirements, sanitary, hygienic, environmental and other legal requirements, as well as in accordance with the rules for the use of residential premises approved by the Government of the Russian Federation.

The section “Subject of the agreement” also indicates the subsequent actions of the landlord - provides the provision of specific utilities for a fee: electricity supply, gas supply, including bottled gas, cold water supply, sewerage (sewage), hot water supply and heat supply (heating), including including the purchase and delivery of solid fuel in the presence of stove heating, if such a benefit is provided on the basis of legislation to certain categories of citizens (as a rule, those living in rural areas).

A more detailed description of the residential premises provided, its technical condition, as well as sanitary and other equipment located in it, is indicated in the technical passport of the residential premises. A passport for a residential premises (apartment) is an information and technical document containing information about the condition, consumer properties and technical characteristics of the residential premises (apartment). It must contain space-planning parameters of residential premises (apartments), characteristics of structures and engineering systems, conditions for their safe operation, general information about structures, systems, technical and auxiliary premises of a residential building, basic sanitary, hygienic and environmental standards, and other information necessary for the operation of a residential premises (apartment). The requirements for the passport are established by the Instructions on the accounting of housing stock in the Russian Federation (approved by order of the Ministry of Land Construction of Russia dated August 4, 1998 No. 37) (as amended). At the same time, in Moscow, certification is carried out in accordance with the Moscow Law “On certification of residential premises (apartments) in the city of Moscow” dated November 3, 2004 No. 66.

In the “Subject of the Agreement” section, clause 3 lists the tenant’s family members who move into the residential premises together with the tenant (the family member’s last name, first name, patronymic and degree of relationship with the tenant are indicated).

The Housing Code of the Russian Federation includes the family members of the tenant of the residential premises under the Social Tenancy Agreement as his spouse living with him, as well as the children and parents of this tenant. Other relatives and disabled dependents are recognized as family members of the tenant of the residential premises under the Social Tenancy Agreement if they are settled by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of the residential premises under the Social Tenancy Agreement in court. If these citizens cease to be members of the employer's family, but continue to live in the occupied residential premises, they have the same rights and obligations as the employer and members of his family.

3. Responsibilities of the parties.

The employer and the lessor have certain responsibilities.

The employer is obliged:

a) accept from the landlord, according to the act, within a period not exceeding 10 days from the date of signing the Social Tenancy Agreement, a suitable residential premises in which current repairs have been carried out, with the exception of cases when the residential premises are provided in a newly commissioned housing stock.

Residential premises provided by the social use fund must be suitable for living, including being renovated. The obligation to provide just such residential premises lies with the landlord. If new residential premises are provided, then it must also be ready for immediate occupancy, i.e. it must contain the necessary set of interior equipment, painted, etc.

The residential premises are transferred according to an act, which must contain the date of drawing up the act, details and names of the parties to the Social Tenancy Agreement under which the residential premises are transferred, information about the serviceability of the residential premises, as well as sanitary and other equipment located in it at the time of signing the act, the date carrying out current repairs (when residential premises are provided in a newly commissioned housing stock), information about the suitability of residential premises for habitation, signatures of the parties who drew up the act;

b) comply with the rules for using residential premises.

By exercising the right to use residential premises provided under the Social Tenancy Agreement, the tenant has the right not only to live in such residential premises, but also, in the prescribed manner, to move other persons into the premises, to sublease the residential premises, to exchange residential premises and to exercise other rights provided for by the Housing Code. RF.

Tenants of residential premises under social tenancy agreements in apartment buildings have the right to use common property in an apartment building on an equal basis with persons who have shares in the right of common shared ownership of the specified property. Common property in an apartment building is recognized as premises in such a building that are not parts of apartments and are intended to serve more than one room in the building. An approximate list of common property is contained in Art. 36 Housing Code of the Russian Federation.

It should be noted that tenants of residential premises under social tenancy agreements in apartment buildings acquire only the right to use the above-mentioned common property, but not other rights of the owners of this property. So, for example, tenants do not have the right to participate in a general meeting of owners of premises in an apartment building, much less vote at such a meeting, since such a right belongs only to the landlord or his representative;

c) use the residential premises in accordance with its purpose ( see commentary to clause 2 “Subject of the agreement”

);

d) maintain the living quarters, sanitary and other equipment located in it in good condition, and ensure their safety. If faults are detected in the residential premises or sanitary and other equipment located in it, immediately take possible measures to eliminate them and, if necessary, report them to the landlord or the appropriate management organization;

e) keep living quarters, common property in an apartment building, and improvement facilities clean and tidy;

f) carry out routine repairs of the occupied residential premises.

The establishment by the Government of the Russian Federation of a specific list of works related to current repairs is an undoubted advantage of the Social Tenancy Agreement, since it allows one to avoid disagreements on this issue. Current repairs of the occupied residential premises, carried out by the Tenant at his own expense, include the following work: whitewashing, painting and pasting of walls, ceilings, painting of floors, doors, window sills, window frames on the inside, radiators, as well as replacement of window and door fixtures, repairs in-house engineering equipment (electrical wiring, cold and hot water supply, heat supply, gas supply).

It is necessary to pay attention to the following nuances. Work in the apartment is carried out by the tenant at his own expense and, accordingly, with the involvement of specialists and organizations of his choice.

Only if the need for these works is caused by a malfunction of individual structural elements of the common property in an apartment building or equipment in it or is associated with major repairs of the house, they are carried out at the expense of the lessor by an organization proposed by him. Consequently, in this case, the employer must prove the fact that the work performed is necessary for reasons beyond his control.

It should also be borne in mind that routine repairs are carried out by the employer at his discretion. However, its implementation is the responsibility of the tenant in the event of a malfunction of the intra-apartment equipment, as well as outside the period specified in the acceptance certificate of the residential premises. If routine repairs are not carried out, the tenant may be subject to justified claims from the landlord for improper maintenance of the residential premises, which may also lead to termination of the Social Tenancy Agreement and eviction;

g) not carry out reconstruction and (or) redevelopment of residential premises without obtaining the appropriate approval provided for by the housing legislation of the Russian Federation;

The procedure for reconstruction and redevelopment is provided for in Chapter. 4 LCD RF.

Reconstruction of a residential premises is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment that requires changes to the technical passport of the residential premises.

Redevelopment of a residential premises is a change in its configuration, requiring changes to the technical passport of the residential premises.

Redevelopment and (or) redevelopment of residential premises is carried out in compliance with the requirements of the law in agreement with the local government body (hereinafter referred to as the body carrying out the approval) on the basis of a decision made by it.

To carry out the reconstruction and (or) redevelopment of residential premises, the owner of this premises or a person authorized by him (applicant) submits to the approval body at the location of the residential premises being rebuilt and (or) replanned:

– an application for reconstruction and (or) redevelopment in the form approved by the Government of the Russian Federation;

– title documents for the residential premises being rebuilt and (or) replanned (originals or notarized copies);

– a project for the reconstruction and (or) redevelopment of the rebuilt and (or) redesigned residential premises prepared and executed in the prescribed manner;

– technical passport of the residential premises being rebuilt and (or) replanned;

– consent in writing of all members of the tenant’s family (including temporarily absent family members of the tenant) occupying the rebuilt and (or) redesigned residential premises on the basis of a social tenancy agreement (if the applicant is a tenant authorized by the landlord to submit the documents provided for in this paragraph rebuilt and (or) replanned residential premises under the Social Tenancy Agreement);

– the conclusion of the body for the protection of architectural, historical and cultural monuments on the admissibility of reconstruction and (or) redevelopment of a residential premises, if such a residential premises or the house in which it is located is an architectural, historical or cultural monument.

It should be noted that the application is signed not by the tenant, but by the owner of the residential premises, i.e., the landlord, if we are talking about residential premises in the social use fund.

The applicant is given a receipt for receipt of documents indicating their list and the date of their receipt by the body carrying out the approval.

The decision to approve or refuse approval must be made based on the results of consideration of the relevant application and other submitted documents by the body carrying out the approval, no later than 45 days from the date of submission of these documents to this body.

The body carrying out the approval, no later than 3 working days from the date of the decision on approval, issues or sends to the address specified in the application to the applicant a document confirming the adoption of such a decision.

The specified document is the basis for the reconstruction and (or) redevelopment of residential premises.

Refusal to approve the reconstruction and (or) redevelopment of residential premises is permitted in the following cases:

– failure to provide certain documents;

– submission of documents to the wrong authority;

– non-compliance of the project for reconstruction and (or) redevelopment of residential premises with the requirements of the law.

The decision to refuse approval for the reconstruction and (or) redevelopment of residential premises must contain the grounds for refusal with a mandatory reference to the violations provided for in Part 1 of Art. 27 Housing Code of the Russian Federation.

The decision to refuse approval for the reconstruction and (or) redevelopment of residential premises is issued or sent to the applicant no later than 3 working days from the date of such decision and can be appealed by the applicant in court.

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The completion of the reconstruction and (or) redevelopment of the residential premises is confirmed by an act of the acceptance committee.

The acceptance committee report must be sent by the body carrying out the approval to the organization (body) for recording real estate objects.

A person who unauthorizedly rearranges and (or) replans a residential premises bears the responsibility provided for by law.

The tenant of the residential premises under the Social Tenancy Agreement is obliged to bring such residential premises to their previous condition within a reasonable time and in the manner established by the body carrying out the approval.

Based on a court decision, residential premises may be preserved in a rebuilt and (or) redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health.

If the relevant residential premises are not restored to their previous condition within the prescribed period in the manner established by the body carrying out the approval, the court, at the request of this body, makes a decision regarding the tenant of such residential premises under the Social Tenancy Agreement on the termination of this Agreement with the responsibility of the owner of such residential premises, being the lessor under the said Agreement, the obligation to bring such residential premises to their previous condition;

h) make timely and full payments in accordance with the established procedure for residential premises and utilities at prices and tariffs approved in accordance with the legislation of the Russian Federation.

In case of failure to pay payment for residential premises and (or) utilities within the established period, the tenant shall pay the landlord a penalty in the amount established by the Housing Code of the Russian Federation, which does not exempt the tenant from paying the due payments. A social tenancy agreement for residential premises, as a rule, is of a paid nature, i.e., under such an agreement, the tenant is obliged to pay for the use of residential premises, for the maintenance and repair of this premises, as well as for utilities according to the rules of Section. VII Housing Code of the Russian Federation, with the exception of cases where residential premises must be provided on social rental terms without payment of payment for the use of occupied residential premises to persons recognized as low-income in the prescribed manner (Article 156 of the Housing Code of the Russian Federation). This exception applies only to those residential premises that belong to the municipal housing stock for social use, i.e. other categories of citizens who are provided with social housing are required to pay for the use of it;

i) to move with members of his family in the manner established by the Housing Code of the Russian Federation, during the period of major repairs or reconstruction of the house in which he lives (when the repair or reconstruction cannot be carried out without eviction of the tenant), into residential premises provided by the landlord that meet sanitary and technical requirements;

This procedure is provided for in Art. 88 Housing Code of the Russian Federation. When carrying out major repairs or reconstruction of a house, if such repairs or reconstruction cannot be carried out without eviction of the tenant, the landlord is obliged to provide the tenant and his family members with another residential premises for the duration of the major repairs or reconstruction without terminating the social tenancy agreement for residential premises located in the specified home. During the period of major repairs or reconstruction, residential premises of a flexible stock are provided under a rental agreement. If the tenant and his family members refuse to move into this residential premises, the landlord may demand relocation through the courts. Relocation of the tenant and his family members to the residential premises of the mobile fund and back is carried out at the expense of the landlord.

In exchange for providing residential premises of the flexible fund, the landlord, with the consent of the tenant and members of his family, may provide them with another comfortable residential premises for their use with the conclusion of a Social Tenancy Agreement. A social tenancy agreement for residential premises in a house subject to major repairs or reconstruction is subject to termination.

If, as a result of major repairs or reconstruction of a house, the residential premises occupied by the tenant and members of his family under the Social Tenancy Agreement cannot be preserved or its total area is reduced, as a result of which the tenant and members of his family living in it may be recognized as in need of residential premises , or increases, as a result of which the total area of occupied residential premises per family member significantly exceeds the provision norm, another residential premises must be provided under the Social Tenancy Agreement by the landlord before the start of major repairs or reconstruction.

After major repairs or reconstruction of a house, the tenant and members of his family living with him have the right to move into residential premises, the total area of which has decreased as a result of major repairs or reconstruction;

j) upon termination of the Social Tenancy Agreement, vacate the residential premises, sanitary-technical and other equipment located in it in good condition in accordance with the act, pay the cost of repairs of the residential premises, sanitary-technical and other equipment not carried out by the tenant and included in his responsibilities other equipment located in it, or produce it at your own expense, as well as pay off debts for payment for living quarters and utilities;

k) allow, at a time previously agreed upon by the parties to the Social Tenancy Agreement, into the occupied residential premises employees of the landlord or persons authorized by him, representatives of state supervision and control bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, to carry out the necessary repair work, in case of termination of the Agreement, and to eliminate accidents - at any time;

l) inform the landlord about changes in the grounds and conditions giving the right to use residential premises under the Social Tenancy Agreement no later than 10 working days from the date of such change;

m) bear other responsibilities provided for by the Housing Code of the Russian Federation and federal laws.

The lessor is obliged:

a) transfer to the tenant, according to the act, within 10 days from the date of signing the Social Tenancy Agreement, free from the rights of other persons and suitable for living in a condition that meets fire safety, sanitary, hygienic, environmental and other requirements;

b) take part in the proper maintenance and repair of common property in the apartment building in which the residential premises leased under the Social Tenancy Agreement are located;

c) carry out major repairs of residential premises.

If the landlord fails to fulfill or improperly fulfills his obligations to timely carry out major repairs of the rented residential premises, common property in an apartment building, sanitary and other equipment located in the residential premises, the tenant, at his choice, has the right to demand a reduction in the rent for the residential premises, or compensation for his expenses for eliminating deficiencies in residential premises and (or) common property in an apartment building, or compensation for losses caused by improper performance or failure to fulfill these obligations by the landlord;

d) provide the tenant and members of his family, in the manner prescribed by the Housing Code of the Russian Federation, for the period of major repairs or reconstruction of the house (when the repair or reconstruction cannot be carried out without eviction of the tenant) with flexible housing that meets sanitary and technical requirements.

Relocation of the tenant and his family members to the residential premises of the mobile fund and back (upon completion of major repairs or reconstruction) is carried out at the expense of the landlord;

e) inform the tenant about major repairs or reconstruction of the house no later than 30 days before the start of work;

f) take part in the timely preparation of the house, sanitary and other equipment located in it, for use in winter conditions;

g) ensure that the tenant is provided with the utilities provided for in the Social Tenancy Agreement of adequate quality;

h) control the quality of provided housing and communal services;

i) within 3 working days from the date of changes in prices for maintenance, housing repairs, rental of residential premises, utility tariffs, consumption standards, payment procedures for provided housing and communal services, inform the tenant about this;

j) carry out or instruct an authorized person to recalculate payments for residential premises and utilities in the event of provision of services and performance of work of inadequate quality and (or) with interruptions exceeding the established duration;

k) accept residential premises from the tenant within the established time period according to the act of delivery of residential premises after termination of the Social Tenancy Agreement;

l) bear other duties provided for by the legislation of the Russian Federation.

4. Rights of the parties

The tenant and the lessor have certain rights.

The employer has the right:

a) use the common property of an apartment building;

b) move other persons into the occupied residential premises in accordance with the procedure established by the legislation of the Russian Federation, allow temporary residents to live in the residential premises, sublease the residential premises, exchange or replace the occupied residential premises.

The consent of other family members and the landlord is not required to move in with the parents of their children who have not reached the age of majority;

c) preserve the rights to residential premises in the temporary absence of him and his family members;

d) demand from the landlord timely major repairs of the residential premises, proper participation in the maintenance of the common property in the apartment building, as well as the provision of utility services of adequate quality as provided for in the Social Tenancy Agreement;

e) demand, with the written consent of family members living together with the tenant, in cases established by the legislation of the Russian Federation, changes to the Social Tenancy Agreement;

f) terminate the Social Tenancy Agreement at any time with the written consent of family members living with the tenant;

g) exercise other rights to use residential premises provided for by the Housing Code of the Russian Federation and federal laws.

Rights and obligations of the employer's family members

. Members of the tenant's family living with him have equal rights and obligations arising from the social tenancy agreement with the tenant. Capable family members bear joint and several liability with the tenant for the obligations arising from this Agreement.

The lessor has the right:

a) demand timely payment for housing and utilities;

b) demand access to the residential premises at a time previously agreed upon by the parties to the Social Tenancy Agreement for their employees or authorized persons to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, in order to carry out the necessary repair work in the event of termination of the Social Tenancy Agreement, and to eliminate accidents - at any time;

c) prohibit the move-in of citizens into the residential premises occupied by the tenant as family members living with him in the event that after such move-in, the total area of the corresponding residential premises per 1 family member becomes less than the accounting norm. According to Article 50 of the Housing Code of the Russian Federation, the accounting norm for the area of residential premises (accounting norm) is the minimum size of the area of living premises, on the basis of which the level of provision of citizens with the total area of living premises is determined in order to register them as those in need of residential premises. The accounting norm is established by the local government body. The size of such a norm cannot exceed the size of the provision norm established by this body.

5. Procedure for changing, terminating and terminating the contract.

The social tenancy agreement may be changed or terminated by agreement of the parties in the manner prescribed by the legislation of the Russian Federation at any time. According to Art. 83 of the Housing Code of the Russian Federation, the tenant of a residential premises under a social tenancy agreement, with the consent in writing of his family members living with him, has the right to terminate the social tenancy agreement at any time. When the tenant and his family members leave for another place of residence, the Social Tenancy Agreement is considered terminated from the date of departure.

At the request of the landlord, the Social Tenancy Agreement may be terminated in court in the following cases:

a) the tenant’s use of the residential premises for other purposes;

b) destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible;

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

d) failure by the tenant to pay for housing and (or) utilities for more than 6 months.

A social tenancy agreement may be terminated in court in other cases provided for by the Housing Code of the Russian Federation. In such cases, according to Art. 85 of the Housing Code of the Russian Federation applies to the eviction of citizens from residential premises with the provision of other comfortable residential premises under social tenancy agreements, if:

1) the house in which the residential premises are located is subject to demolition;

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

3) the residential premises are declared unfit for habitation;

4) as a result of major repairs or reconstruction of the house, the residential premises 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 needing residential premises, or it will increase, as a result of which the total area of the occupied premises residential premises per family member will significantly exceed the provision norm.

6. Other conditions.

Disputes that may arise between the parties under the Social Tenancy Agreement are resolved in the manner prescribed by the civil procedural legislation of the Russian Federation.

The social tenancy agreement is drawn up in 2 copies, one of which is kept by the landlord, the other by the tenant.

The social tenancy agreement is signed by the parties or their authorized representatives and sealed with the seal of the lessor. From this moment the Social Tenancy Agreement is considered concluded and entered into force. However, the rights and obligations of the tenant arise only after signing the acceptance certificate of the residential premises.

Termination of the agreement

The social rental agreement ceases to be valid only after its termination. Termination is possible by agreement of the parties at any time.

The tenant can terminate the agreement either by notifying the landlord in writing or by moving to another place of residence. In this case, the social rental agreement is considered terminated from the date of departure.

The landlord, in turn, has the right to terminate the agreement only in court and only on the above grounds for eviction of tenants.

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