How to arrange sublease housing for military personnel 2020

Military citizens have the opportunity to obtain housing for sublease. The provision of such real estate is regulated by the laws of the country, as amended in 2017.

It also determines the procedure for paying financial compensation for renting or subletting premises for this category of citizens.

Let's look at the differences between renting and the so-called subletting of housing, the current legislative framework that forms the rules and procedure for renting real estate. And also what are the conditions for provision, compensation payments, necessary documents, calculations for the possibility of obtaining housing for persons who are military civil servants of Russia.

Definition of concepts

There are legal differences between the concepts of the terms “hiring” and “subhiring”.

The Housing Code of the RSFSR, Article 76 , defines the sublease of property in which accommodation is possible, as the transfer of real estate from the housing stock of the state, as well as other municipal property to the tenant for rent, for example: an apartment, a private house, a room, a dormitory. Consequently, a serviceman can exercise the right to conclude such an agreement on the basis of the laws of our state.

Accordingly, the concept of “hiring” a residential area from a lawyer’s point of view means the transfer of housing to a tenant from a private owner. Thus, the serviceman duly acquires the right to enter into such an agreement with the owner or his authorized representative.

In any of these cases, a military civil servant - an individual, or his employer - a legal entity, will be an employer-tenant. Then the owner is considered the so-called lessor.

It is known that clause 1 of Article 685 of the Civil Code of the Russian Federation states that the tenant has the right to rent out the rented premises or part of it to other persons with simultaneous residence and use for an indefinite period. Condition: written agreement on the terms and conditions of use, surrender of part of the occupied housing or the entire area upon departure of the lessor with retention of ownership. According to clause 3 of Article 685 of the Civil Code of the Russian Federation, the subtenant pays rent on time.

About — monetary compensation to the military for — rental housing in — 2020 —

Monetary compensation for military officer ranks, as well as warrant officers and midshipmen, is determined based on their actual expenses, but it should not exceed the amount determined in accordance with the standard of total living space and the maximum cost of renting or subletting one square meter of total living space.

Due to the nature of their service, military personnel often have to move to a new place and rent housing. There is also another good opportunity to solve the housing problem for a career military man - an open-ended social loan. Today, a lot of money is paid for rent, but military personnel are provided with monetary compensation that reduces their costs. From 2004 to 2012, the terms of payments and their amounts did not change, but in recent years there have been significant changes for some categories of military personnel in the calculation of compensation for renting and subletting residential premises.

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Legislative regulation of the issue

Download orders of the Ministry of Defense No. 1280 and No. 303, which regulate the issues of subletting housing by military personnel.

Documents valid for all subordinate bodies:

Federal Law Clause 5, Article 2 No. 76-FZ of May 27, 1998, defining the position of a military personnel and members of his family.
Monetary compensation is regulated by Decree of the Government of the Russian Federation No. 909 of December 31, 2004. Decree of the Government of the Russian Federation No. 989 of September 18, 2020 on amendments to the previous resolution No. 909.
The Ministry of Defense of the Russian Federation issued Order No. 235 dated June 16, 2005, which determines the procedure for monetary compensation for citizens transferred to the reserve or members of his family in the event of his death before January 1, 2005.
The Ministry of Defense of the Russian Federation issued Order No. 1280 dated September 30, 2010, which determines the procedure for including a serviceman and his family members in ordered lists for provision from specialized housing stock for living.
The Ministry of Defense of the Russian Federation published order No. 303 of May 27, 2016, which formed the organization in the Armed Forces of the Russian Federation of payment of monetary compensation for the rental (sublease) of residential premises, and approved the instructions to it.
The Ministry of Labor and Social Protection of the Russian Federation issued order No. 148n dated August 3, 2020, which approves the maximum cost of renting (subletting) residential premises for 2020 for all categories of military personnel by locality.
The Federal Security Service of Russia issued Order No. 4 of January 13, 2020, defining the procedure for monetary compensation for renting (subletting) residential premises, and approved instructions to it for federal security service agencies.
The compensation amount is expected to be adjusted annually.

Compensation for renting housing

in small towns and rural areas, the rental payment will be 2,700 rubles.
in large cities and regional centers the payment does not exceed 3,600 rubles,
in Russian capitals it is 15,000 rubles,

These values may increase under certain circumstances.

The standard for the total area of living space for calculating the amount of monetary compensation is set at 24 square meters for a soldier living alone or a citizen discharged from military service, 36 square meters for a family of two people, three square meters for a family of three people, 12 square meters - for each family member with four or more people.

Who is eligible for this benefit?

According to the document discussed in paragraph 5 of the previous paragraph, in paragraph 1. The categories of people classified as employees in military units are indicated

military personnel who have entered into a contract, as well as their families;
families of military personnel who died at the moment or who died during their service in organizations related to the military;
military personnel discharged into the reserve and members of their families in need of housing;
military personnel performing their duty in the federal security service, as well as relatives belonging to this family;
families of military personnel fulfilling their duty in the federal security service of those killed (deceased) during their service in organizations related to the military;
military personnel who have fulfilled their duty and have been transferred to the reserve from the federal security service, as well as close people living with them.

These categories must not own residential real estate suitable for any kind of residence (permanent or temporary) and be located at the place of military service of those listed.

Clarification : if an application for state support measures has not been submitted.

Otherwise, they lose the right to the above benefits.

Organization or algorithm of verified actions

First of all, the above categories of citizens need to be included in the lists of those in need of office space in accordance with the document presented in the list of the legislative framework under number 4.

These categories of citizens can be included in such lists provided that it is impossible to provide them with housing in accordance with the legislation of the Russian Federation.

In order to get on the lists, a military man needs to study the procedure for receiving compensation, collect the necessary documents, conclude an agreement, submit a rapport to the commander (chief) of the local military unit where he arrived to serve, with its name.

It is allowed to rent real estate in places of deployment, outside these territories, subject to the conclusion of an agreement.

Documentation

Necessary documents that must be attached to the rapport include:

Documents (copies) capable of verifying the identity of the person applying, as well as similar documents for the family. It is important to have registration marks at the place and fact of residence.
The agreement can be concluded for a house, apartment or parts thereof, or the area of any other premises.
Certificate about the composition of his family from the military unit.
A copy of the notification about the inclusion of a military civil servant in the list specified in the regulatory act number 4.
Certificate of military enlistment in the civil service of a military unit.

Procedure for drawing up an agreement

State authorities that have residential real estate in their stock for rent to citizens who have served in military service have standard agreements regulating the terms and conditions.

Therefore, from the point of view of the legal field, such an agreement can be a standard one, which specifies the participants, dates, time periods, living conditions and termination of the agreement.

An act of acceptance of the premises and its condition at the beginning of the conclusion of the contract must be drawn up with the contract

After this, the military man and his family members have the opportunity to register for housing and are required to obtain a certificate of stay at the new place of residence. Copies of the agreement and certificate of registration are attached to the rapport. Documents must be officially registered and signed by the parties.

Writing a rapport

The report must be submitted to the commander (chief) of the local military unit where the military man arrived, indicating its name.

The request should reflect your military rank, give your last name, first name, patronymic, your own personal number of the serviceman, indicate the number of residents and write down the names of everyone in the family. Next, you need to accurately write the address of the rental property. Show the date and number of the conclusion of the contract with the landlord, the time when the applicant and his family members began performing military duties.

It is also important to indicate the date of inclusion in the list for the provision of housing from a specialized military fund and indicate whether it was proposed to use the available real estate for living at the place of assignment for service.

It is mandatory to indicate consent to the processing of data about yourself and your loved ones, with confirmation of the accuracy of the information.

Then the attached documents are listed, indicating their number and name. A signature is placed, its decoding and the date of drawing up the document.

The applicant is obliged , as a rule, within five working days to send a notice to the employer, in whose name a report is drawn up about changes in the information provided or about the termination of the right to this benefit or to receive it in increased amounts.

Compensation for rental housing for military personnel in 2020

one person is entitled to housing of 24 square meters;
family of two people - 36 sq. m;
if a couple has one child (three in total), they are entitled to 43 sq. m;
when the family size increases from four people, each person is entitled to 12 sq. m (for comparison, for civilians this figure is 18 sq. m).

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After signing a sublease agreement, the serviceman is obliged to report changes in the composition of his family to management. If it increases, they will give more money.

Find housing.
Contact your superiors with a report on the conclusion of the sublease agreement.
Receive the appropriate order.
Collect a package of documents that includes:
certificate of family composition (issued in part);
an extract from the order on admission to the staff;
copies of personal documents of the entire family: passports;
birth certificates of children under 14 years of age.
Write a report on the allocation of money to pay for housing, in which you indicate:
address of the residential premises;
monthly payment amount;
the fact of concluding a sublease agreement.
Pass everything on to the manager.

Subletting of housing is carried out only when the military unit does not have its own housing stock (or vacant apartments).

Sequence of compensation payment

Documents that form the basis for the assignment of compensation are reviewed in the military unit, signed by the commander and forwarded to the financial and economic body, which makes calculations of a compensatory nature on the basis of the legal acts specified in paragraph 2 and paragraph 6 of the paragraph on the legislative framework of this article.

Regardless of the time of submission of documents from the applicant, commanders of units and their subdivisions submit to the financial and economic department updated lists of those citizens liable for military service who have already applied for state support. By the twentieth day of the month considered current. At the same time, this body itself is obliged to provide generalized lists according to the territory belonging to the authorized body by the twenty-fifth day of each current month in the form.

After the authorized body accepts these lists, the financial and economic department notifies the unit commander of their receipt within, as is known, three days, which will be working days. Further, within, as regulated, five working days, commanders of units and subunits issue an order to assign monetary compensation to those military employees who are entitled to it.

Financial support is provided monthly until the occurrence of circumstances that prevent the fulfillment of these obligations. Namely:

provision of housing if a contract of another kind has been concluded, for example, social rent;
receiving a subsidy or certificate, housing or funds for the purchase of residential real estate or its construction.