How to get a copy of a social tenancy agreement? Legal nuances

List of documents

To obtain social housing, you will need an impressive package of papers. The applicant must submit both his own documents and those of family members, as well as several different certificates for living space. List of required documents :

Applicant's passport (copy).
Passports and birth certificates of other family members (copies).
Marriage and divorce certificates (copies, if available).
Certificate of family composition.
Documents providing the basis for settlement. This is the original and a copy of the order (if any), as well as the municipality’s decision to provide housing.
An extract from the cadastre stating that none of the family members have their own home.
Certificate of absence of debt on utility bills.
Certificates confirming that the apartment/room belongs to the municipal authorities (certificate from the BTI, extract from the unified state register of rights to real estate and the register of municipal property).
A statement written in free form.

A list of all submitted documents must be attached to it. Be prepared for the fact that the administrative commission, after reviewing the materials, may request additional information.

Additional agreement

To do this, you will have to collect a package of documents confirming this need and submit an application to the administration.

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Below we will describe in detail what papers need to be prepared, how to write an application and what deadlines are provided by law for its consideration.

Innings

How can you get an agreement to resolve your housing issue? Before accepting the application, specialists will check its correctness and the presence of all documents. Then the applicant will be registered in a special database.

He will receive an extract in his hands. There must be the signature of the employee and the date when the application was accepted. In addition, the submitter of documents should be advised about the timing of the decision and given contact details of department employees.

Terms of consideration

According to the law, the administration is given no more than a month to consider the application. However, this period may be extended if the commission requests additional documents. By the way, there is no fee for submitting an application and placing in a queue.

The application is written in free form. It must contain the following information:

Full name of the official.
Full name and place of residence of the applicant.
Address of the rented apartment (room).
Reason for issuing living space.
Full name and date of birth of all family members.
Room area.
Date and signature.

Where can I get a copy of the social tenancy agreement for a municipal apartment if it is lost and how can I correctly obtain this duplicate? If you have lost the contract or something happened to it, the document must be restored.

Let us remind you that when registering, two copies are made: one remains with the landlord, the other with the tenant. If the housing is social, its landlord is the city administration.

This is where you need to contact to restore the official paper.

The employer who has lost the contract will have to draw up an application and re-attach documents and certificates to it:

copies of passports and birth certificates of everyone living in the apartment;
certificates of marriage and divorce (if any);
certificate of family composition;
extract from the house register;
extract from the personal account.

The prepared papers must be taken to the same department where the application for social housing was submitted. A new duplicate of the document will be ready no later than in a month.

If the employer has died, then a duplicate official document in the name of another person will no longer be issued. One of the family members will have to renew the contract again.

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.

Where can I get a social rent agreement for an apartment?

Where can I get it and what should I take with me? Is it possible at the MFC?
After the entire package of papers has been collected, the application along with the necessary documents is submitted to the appropriate department of the city administration or to the multifunctional center (MFC). The contract for receiving social housing is concluded on a first-come, first-served basis. You can pick it up after registration and signing on the appointed day.

Statement

Innings

How can you get an agreement to resolve your housing issue? Before accepting the application, specialists will check its correctness and the presence of all documents. Then the applicant will be registered in a special database.

He will receive an extract in his hands. There must be the signature of the employee and the date when the application was accepted. In addition, the submitter of documents should be advised about the timing of the decision and given contact details of department employees .

Terms of consideration

What information must be provided in the application?

The application is written in free form . It must contain the following information:

How to recover a duplicate if a document is lost?

Where can I get a copy of the social tenancy agreement for a municipal apartment if it is lost and how can I correctly obtain this duplicate? If you have lost the contract or something happened to it, the document must be restored. Let us remind you that when registering, two copies are made: one remains with the landlord, the other with the tenant. If the housing is social, its landlord is the city administration. This is where you need to contact to restore the official paper.

The employer who has lost the contract will have to draw up an application and re-attach documents and certificates to it :

copies of passports and birth certificates of everyone living in the apartment;
certificates of marriage and divorce (if any);
certificate of family composition;
extract from the house register;
extract from the personal account.

The prepared papers must be taken to the same department where the application for social housing was submitted. A new duplicate of the document will be ready no later than in a month.

Recovery

How to restore a document if lost or destroyed? Two copies are drawn up and signed: one is taken by the landlord, the other by the tenant.

If the administration acts as the first, then you should apply there with an application, preparing the necessary documents: passports or birth certificates of all family members registered in the housing, marriage certificate (if any), divorce certificate (if any), a certificate from the local administration about family composition, information from the house register (extract), personal account (extract).

Please note that the last 2 documents are valid for 2 weeks after receipt.

A month after submitting the application, you will be able to receive a duplicate document. If the employer dies, a duplicate will not be issued to another person. It needs to be re-registered to one of the family members of the previous employer.

Official registration of social employment simultaneously gives the employer a number of rights and imposes a number of responsibilities on him. Failure to comply with these responsibilities will result in a violation of the rights of others related to the living space.

The official registration of the procedure for the use of residential premises owned by the state and municipalities streamlines legal relations in this area and brings these legal relations into agreement with the norms of the Housing Code of the Russian Federation.

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Where to go if you have questions?

If you want to understand the issue in more detail or consult on a specific case, you can use one of two options:

Come in person for an appointment at the one-stop service of the City Property Department. The consultation is free, but you must make an appointment in advance. For Moscow, you can do this online at mos.ru.
Contact the same department's hotline. Phone number.

Help desk staff are available to answer general questions any day of the week. But specialized specialists conduct consultations in accordance with a certain schedule. It was published on the website mos.ru.

Understanding the stages of the procedure and knowing your rights and obligations will help both when preparing an application and when drawing up a social tenancy agreement. Familiarize yourself with housing legislation and consult with specialists if you are still not confident in your knowledge.

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How to get housing on social media

What is social hiring?

Housing provided under a social rental agreement is, in fact, free living space for you (an apartment, part of an apartment, a room, etc.), which the city transfers to you for use for an unlimited period. In return, you must pay rent and utilities on time.

You can register residents there on a permanent or temporary (no more than six months) basis, sublet it or exchange it for other housing under a social tenancy agreement.

Since you do not own such a home, you do not have to pay property taxes on it, but you cannot, for example, sell it.

At the same time, housing provided under a social rental agreement can be privatized, after which it will be transferred to your ownership.

Who can receive housing under a social tenancy agreement?

The following can apply for housing in social security:

those who registered as those in need of improved housing conditions (that is, everyone who registered for housing before March 1, 2005);
those who registered as those in need of housing (that is, everyone who registered for housing after March 1 and was recognized as low-income).

Accommodation is provided on a first-come, first-served basis. At the same time, those in need of improved living conditions are first provided with housing, then those in need of residential premises.

The following have the right to priority receipt of housing under a social tenancy agreement:

Muscovites whose houses are duly declared unfit for habitation and cannot be repaired or reconstructed (including residents of five-story buildings being demolished in Moscow);
citizens living in an apartment occupied by several families, suffering from severe forms of chronic diseases, in which living together with them in the same apartment is impossible;
residents of communal apartments after the vacancy of the living space occupied by their neighbors (provided that they are on the housing register or have every reason to be accepted on it). They are given vacated premises in their apartment.

How to confirm your rights?

How to get an apartment under a social tenancy agreement?

To obtain an agreement, a citizen must not only fit into the appropriate category of residents, but also document this.

Depending on the grounds for settlement, he can provide the following documents to the housing authority:

A certificate stating that he is a low-income citizen (can be obtained from the Department of Labor and Social Protection ).
Medical documents confirming the presence of the disease.
Documents for existing housing , indicating its area and the persons living in it.
Documents stating that the child is an orphan.
Papers with characteristics of the house , which confirm its unsuitability for habitation (you can contact the MFC or the economic department of the city administration).

If a citizen is already a tenant of social housing, but wants to receive a rental agreement for a municipal apartment confirming this, he can prove his rights to it with the following documents:

a warrant for residential premises;
decision of the executive authority to provide an apartment;
a court decision obliging the housing department to enter into an agreement.

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The specific document depends on how the applicant obtained a housing permit.

In this publication you will learn: what a short-term apartment rental agreement is and how to draw it up correctly.

Read the article https://svoe.guru/zhilaya-sobstvennost/kvartira/najm/akt-priema-peredachi.html to know how to draw up a transfer and acceptance certificate when renting out an apartment.

Order for an apartment and contract

The supporting documents for a municipal apartment are:

In essence, a warrant for an apartment and a social tenancy agreement are one and the same.

The difference between them is the time of receipt - the warrant was issued to citizens before March 1, 2005 and served as the basis for moving into the apartment.

It was later replaced by a social tenancy agreement , which is still in use today . At the same time, citizens who have a warrant can enter into an appropriate contract .

This requirement is not mandatory, however, without this document the tenant will be limited in some of his actions in relation to the apartment. For example, it will be needed in the following cases:

during the privatization of housing;
for subletting an apartment;
to exchange an apartment under a social tenancy agreement;
for moving other residents into the premises, etc.

Everything about where to get a social tenancy agreement for residential premises and related documents

For some people, social housing is the only way to get their own property. This concept implies the free rental of premises that currently belong to the state.

Of course, not every person can count on such an apartment. Housing space is provided to those who need to improve their current living conditions, as provided for in the housing provision standards. From our material you will learn how to conclude a social contract. renting housing and where to get it when you need it.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

Who has the right to social rental housing?

First, you need to determine who is entitled to free living space in our country. Today, there are several groups of people who have the right to qualify for a free apartment:

a person who is registered to improve his living conditions.
Anyone who has the status of a low-income citizen or is recognized as in need of housing.
Anyone who needs assistance when buying an apartment.
People participating in the liquidation of the consequences of the Chernobyl disaster.
People migrating from the Far North.
Forced migrants.
Children from orphanages upon reaching adulthood.
Veterans.
People whose houses are in disrepair and are subject to demolition.
Large families.
Disabled people.

According to Art. 6 Federal Law No. 134-FZ of October 24, 1997, in low-income families, if the total income is divided by the number of family members, the result will be an amount below the designated subsistence level.

Article 6. Taking into account the cost of living when providing social support to citizens in the constituent entities of the Russian Federation

A family (a single citizen living alone) whose average per capita income (income) is below the subsistence level established in the relevant constituent entity of the Russian Federation is considered low-income (poor) and has the right to receive social support.
The conditions and procedure for providing social support to low-income families (citizens) are established in accordance with the legislation of the constituent entities of the Russian Federation.
The procedure for calculating the average per capita income of a family (a citizen living alone) is established by Federal Law No. 44.

If it is not important to you in which region of the country you live, then before applying for free housing, look where in Russia it is easiest to get a social apartment .

You may have to move out of your city, but you will get your own living space, which you will be able to privatize over time, turning the municipal premises into your property.

Then you need to find out what the cost of living is in your region or city. It is different for each region, and therefore you will have to use the Internet or contact local authorities.

After receiving the information, calculate whether you fall under the status of a low-income citizen. If you are applying for free living space for another reason, you should have with you the appropriate document that confirms your right to an apartment from the state.

How to restore a lost order for an apartment

Personal passport and identification code (of the applicant and his family members who will live with him);
Papers certifying the family relationship between the above-mentioned citizens who will eventually receive registration in the apartment;
A warrant for living space as a basis for applying is not required, but it speeds up the registration process.

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In accordance with all the amendments made to the current Housing Code of the Russian Federation, the title documents for municipal property are now commercial agreements, social agreements and agreements on gratuitous use. These same documents contain information about the apartment. It is worth noting that commercial agreements do not establish restrictive conditions, but they deprive the right to apply for benefits for utility bills.

Where can I get a free apartment rental agreement?

So, where can I get a social tenancy agreement for residential premises? You can obtain a free rental agreement from the municipality or local authorities . You should contact directly the place where the decision was made that you are provided with free housing.

It should be noted that this agreement does not have a specific duration. People can live in the received apartment for an unlimited amount of time , subject to the obligations specified in the contract. The tenant's responsibilities include, for example, timely payment of utility bills.

According to Article 60 of the Housing Code of the Russian Federation, an apartment transferred for free rent to a tenant may belong to the state housing stock or the municipality.

Article 60. Social rental agreement for residential premises

Under a social rental agreement for residential premises, one party - the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf) or a person authorized by him (the lessor) undertakes to transfer the residential property to the other party - the citizen (tenant) premises for possession and use for living in it under the conditions established by this Code.
A social rental agreement for residential premises is concluded without specifying its validity period.
A change in the grounds and conditions giving the right to receive residential premises under a social tenancy agreement does not constitute grounds for termination of a social tenancy agreement.

To understand where to obtain a rental agreement, you should review the decision document for its issuance. It indicates which authority owns the designated property and where to go for the contract.

While housing space from the state fund goes to all those who are recognized as needy and fall into groups of citizens who can apply for housing.

Order restoration

Today, housing orders have been replaced by many different contracts.
So, when drawing up documents for an apartment, the order is changed to a commercial or social agreement for free use. If it is not there or is lost, then it will be impossible to sign contracts, and therefore, to privatize housing. Therefore, issues of restoring an order must be addressed immediately after its loss, since in the future the process will only become more complicated. In addition, it will not be possible to take a duplicate at any time, since receiving it takes more than one day. Warrant for apartment

To restore the contract, you should do the following:

Come to the repair and maintenance department with a request to issue a copy of the tear-off part of the coupon from the order, which is lost. It is in this organization that it is stored. If this document is not there, that is, in fact, the person is refused a copy, you need to demand that they issue an official certificate stating that the coupon is missing.
Contact the local administration of the locality at the location of the apartment with a statement regarding the conclusion of a social tenancy agreement. If the administration refuses, the refusal should be requested in writing, since with this document they will then go to court to challenge the decision.

To privatize a residential municipal apartment, you need to provide a warrant. If it has been lost or damaged, you should begin restoring it. This document displays information about the owner of the living space and his family members living with him and having the right to do so. If the owner indicated in the order dies, the right to privatize the property passes to his relatives. There are several options to restore an order if it is lost:

Submit an application to the regional administration at the location of the immovable property, where data on the issuance of the warrant is stored, and there are entries from the house register, along with copies and spines of documents;
If the regional administration does not have information, care should be taken to draw up a social tenancy agreement.

An application is also submitted to sign a social tenancy agreement. A refusal, if there is no basis for it, must be challenged in court.

Speaking about the possibility of privatizing an apartment for a fee, a copy of the order can be obtained from the migration service department at your place of residence.

Since Soviet times, a document such as an apartment warrant has been used to move citizens into housing. However, as soon as the updated version of the Housing Code of the Russian Federation came into force, this document (movement order) lost its previous force and could not be used.

Of course, it is impossible to literally restore such a document in most cases. But it is quite possible to draw up another alternative, documentary form.

Not in every case, local authorities find the time to re-register documents; for this reason, in some cases, only with the help of a warrant in certain circumstances can one confirm the right to reside in the occupied residential premises.

According to each amendment made to the current Housing Code of the Russian Federation, commercial agreements, agreements for free use, and social services are currently considered as title documents for municipal property. agreements.

These documents provide information on the residential property. At the same time, it is necessary to point out that commercial agreements do not define conditions of a restrictive nature, but make it impossible to obtain benefits for paying for utility services.

What exactly is needed?

To formalize an agreement granting the right to housing, you must provide a certain list of documentation to the Office of the Housing Policy Department:

Civil passports and TIN (of the applicant and citizens classified as members of his family who will live with him);
Documents to confirm the presence of family ties between the mentioned persons, who will subsequently receive registration at the address of the residential area;
An order for a separate living space, as a basis for sending an appeal. It is not necessary to provide it, however, the presence of this document will significantly speed up the registration procedure.

As soon as the submitted documentation is verified, all information about the applicant is transferred to the electronic database. The applicant must wait for an official written response to be sent to him.

The advantage in this case belongs to individuals who do not have their own housing (real estate). In addition, income received by members of the applicant's family is taken into account.

If the application is approved, a social agreement is signed. hiring In the future, the apartment may be privatized.

In this case, the order is submitted irrevocably. When the basis for the use of living space is a signed rental agreement, in this case, citizens do not have privatization rights.

How is the agreement drawn up and restored?

Now orders for residential premises are successfully replacing many different types of agreements. When preparing documents for living space, the warrant is exchanged for a commercial agreement or a gratuitous (social) agreement.

If it is missing or lost, it will not be possible to sign the agreement, therefore, privatization of the living space will seem impossible.

For this reason, the procedure for restoring an order must be initiated immediately from the moment of its loss, since it will be more difficult to do this in the future.

In addition, it will not be possible to issue a duplicate document immediately. Its preparation may take more than one day.

Housing order

To restore the agreement, you must perform the following steps:

Appear at the REU with a request to issue a separate part of the coupon (tear-off) from the lost document. This is where the warrant is kept. In the absence of such a document, the requesting person will be refused to prepare a copy. In this case, it is necessary that an official certificate of the absence of a coupon be issued;
Send an appeal to the local administration of the locality at the location of the property, in the form of an application for signing a social agreement. hiring If the administration refuses, you must request it in writing. In the future, such a document is used when applying to a court, so that the decision can be declared illegal and unfounded.

Order restoration procedure

Providing a warrant is necessary to use the opportunity to privatize municipal housing. If it is lost or damaged, this document must be restored.

This document reflects information about the owner of the property, persons classified as members of his family who live with him, having the right to do so.

In the event that the owner indicated in the order dies, the right to privatize the property is transferred to the relatives of the deceased.

You can use the following methods for restoring an order if it is lost by the owner:

Send an application to the administration in the region where the real estate is located, where information about the issuance of the document is stored, there are house register entries, and there are also copies and spines of documents;
When the regional administration does not have data, it is necessary to ensure that an agreement on social services is drawn up. hiring

To sign an agreement on social hiring, you must submit your application in the same way. In the event of an unjustified refusal, the latter must be challenged in court.

If we touch upon the issue of paid privatization of housing, a copy of the order is obtained from the migration service, at the place where the person lives.

Controversial situations

It is mandatory that the refusal to restore housing rights if the order is lost must be justified. Taking into account the grounds specified in the refusal, it is possible to determine what to do in a given situation.

For what reason are they refused?

The applicant was not registered in the housing indicated in the application. It is impossible to draw up an agreement on social services. renting with a person who is not registered on the premises, even if he has previously registered at the address of the property. The procedure for deregistration is assessed as equivalent to the loss of the right to reside in municipal housing. During the privatization process, those persons who are discharged from housing cannot claim a property share of the property;
When a document was lost by its owner and a government agency. When a government agency is also at fault, a social security agreement can be concluded with the person. hiring You must have with you a civil passport and identification documents of each resident registered in the apartment, an extract prepared from the house register, apartment cards and a certificate from a personal personal account;
Refusal may be unlawful when they refuse to sign an agreement if the warrant was issued for the deceased. All rights of a person who has died are transferred to his closest relatives by a certain order, if any, and they maintain registration in the housing.

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There are several organizations where applications are usually sent in order to obtain/restore a warrant issued for municipal housing:

REU - here you can send a request for the issuance of a coupon (tear-off) or a certificate about the absence of a tear-off part in the REU;
Local administration - a request is submitted with a request to draw up an agreement on social services. hiring If refused, it is necessary to proceed through the court;
Real Estate Department - submit an application to restore the warrant when the latter is lost (this is not possible in every case);
Territorial housing organization - here you can obtain the necessary documents for concluding an agreement on social services. hiring;
The Migration Service (also known as the passport office, also known as the FMS) – although you can’t get a warrant here, they can issue a copy.

According to the current housing legislation, the original order cannot be restored. Now it can only be compared with a certain artifact.

This only means that the order is replaced by documentary analogues. Only they can now provide citizens with the right to privatize municipal residential real estate (apartments).

> Documents > Your actions if the order for an apartment is lost and how to restore it

The absence of private property during the Soviet period in our country imposed certain legal dogmas on the flow of documents and forms of determining the right to property, in particular apartments. Previously, the right to reside in an apartment was confirmed by the presence of a warrant, which was issued when housing was issued for use. There were no specific design standards, so it may look different.

Why do you need a warrant for an apartment?
How to restore a lost order for an apartment?
Find a copy of the warrant for the apartment
Conclude a social rental agreement

Apartment building management system, methods of organization
Seizure of a land plot: liability, fines and requirements
What is the fine for losing a passport in Russia and Belarus?
How to find out debts for an apartment via the Internet?
Family law: what is the essence and features of family legal relations
Resort tax in Russia.

- statement;
— passport of all registered persons and a photocopy of all pages;
— rental agreement or warrant;
— extract from the house register and personal account;
— notarized permission from all registered persons or their personal presence in the department;
— other documents confirming the reason for re-issuing the contract.

rental agreement;
cadastral passport of the apartment;
personal documents of those registered in this living space;
an extract from the house register;
applications from all those registered (if the child is under 14 years old, the parents fill out the application, but if he is between 14 and 18, he can fill out the application independently);
an extract from the Unique State Register of Real Estate from Rosreestr;
a certificate that will indicate that the right to privatization by each tenant was not used;
floor plan and technical passport, which were issued at the BTI.

List of documents for registration of the procedure

Before receiving the social rental agreement itself, which will become a formal confirmation of your right to free square meters, you must wait for a decision in which the provision of living space will be approved for you.

To do this , you will need to contact the city administration with a passport and a certain package of documents that will confirm that you are in the appropriate category of citizens.

To obtain a decision on the issuance of social housing, the following documents must be prepared and executed:

a certificate-application that will be signed by all interested family members who plan to live in the apartment together with the main tenant.
Documents that can confirm the relationship of the people who signed the application itself.
Income certificates for the last two years for each applicant.
Property information.
An extract from the house register, which indicates that the applicant has been living in the state for the last ten years.

In some cases , a document is required that indicates the right to receive housing out of turn . To obtain a rental agreement for an apartment from the municipality, you will need to have the following documents with you:

original and photocopy of passport.
Document confirming marital status.
Administrative decision on the issuance of social housing.
Extract from the house register.

Documents for execution of the contract

When such an agreement is concluded, the living space remains the property of the landlord.

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The tenant has the right to use the residential premises, register close relatives in it, and carry out repairs, but he cannot sell, exchange or gift real estate to another citizen.

Previously, such legal relations were formalized using a warrant, which was also issued by the municipal authority, but now it is necessary to conclude an appropriate agreement. A tenant who uses living space on the basis of a warrant should apply to re-register the document for a social tenancy agreement.

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The agreement is drawn up in writing on the basis of a decision made by the authorized authority. Usually such issues are dealt with by the prefecture or administration. If necessary, changes can be made to the document by drawing up an additional agreement.

Another mandatory attribute of the agreement is the act of acceptance and transfer of residential premises. Without it, the agreement will be considered invalid in the event of claims from the parties.

To speed up the decision-making process and draw up a social tenancy agreement for residential premises, it is important to prepare in advance all the necessary documents. These include:

Statement. Written and submitted in any form on behalf of the individual with whom the contract will be concluded;
Passport – original and copy;
Passports of family members - originals and copies. Birth certificates will be required for children;
Certificate of marriage or divorce;
Documents confirming the presence of family ties with the applicant, if they are included in the text of the document;
Orders, registrations and other documents for the right of settlement;
A certificate (extract) from the house register, which contains information about all family members;
A technical plan with information about all legal redevelopments, if we are talking about the exchange of living space;
Other documents confirming the grounds for improving living conditions by obtaining a state apartment.

Social contract renting a municipal apartment

It is worth noting that not everyone has the opportunity to use premises on social rent. Only persons with Russian citizenship can count on its free allocation.

Foreigners, as well as people without citizenship at all, cannot be tenants of municipal or state housing stock! In addition, only persons who are in need of an apartment can apply for social rent. This fact is confirmed by the inclusion of people in need in the queue for housing.

A social rental agreement can only be concluded with a person in this queue. Registration is carried out by local authorities.

The basis for using municipal housing is the decision to allocate premises and the contract concluded on its basis. The latter must be in writing.

The Housing Code provides for the Government to adopt a standard form for this type of agreement. They must contain a clause on the subject, which describes in detail the premises being leased. This is followed by conditions on the obligations and rights of the parties, rules for changing (terminating) contracts, data and details of both parties.

Social contract Renting a municipal apartment is concluded without any time limit.

What documents are needed to obtain a social tenancy agreement if there is a warrant?

The term of social rent, unlike the rental of official housing, is not established.

According to Article 60 of the Housing Code of the Russian Federation, the contract is unlimited.

Article 82 of the Housing Code contains the grounds for renewing the agreement. There are 2 of them:

Citizens living in the same apartment, having different contracts, become one family. There is a need to conclude one document.
The original tenant of the living space agrees to re-register the agreement for one of his family members, or this has to be done due to his death.

Documents required for re-registration:

original agreement, its copy;
documents that confirm the reason for the need to terminate the existing agreement, copies thereof;
financial and personal account (certified copy);
utility bill receipts and copies thereof;
order, its copy;
apartment card (certified copy);
a certificate from the BTI with characteristics of the apartment;
passports or birth certificates of all family members, copies of these documents.

About the differences between social contracts. hiring and hiring of specialized residential premises, as well as the concept of commercial rental housing can be learned from our articles.

A copy of the financial personal account from the management organization; 5. The employer’s passport or a notarized power of attorney for the right to sign a social tenancy agreement, as well as a copy of the passport (page spreads with photo registration); 6. Receipts for payment for housing for the last three months; 7. Previous social rental agreement; 8.

A copy of the floor plan of the apartment with an explanation; 9. In the case of concluding a social rental agreement in connection with the death of the previous employer - a death certificate of the previous employer; 10. Documents confirming relationship with the former employer (birth certificates, certificates of marriage or divorce); eleven.

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A social tenancy agreement can otherwise be called a special agreement between the state or municipality and an individual who receives full rights to live in an apartment owned by a local government authority. In order to conclude an agreement, you must contact the regional Department of Housing Policy and Housing Fund. A specialist can answer the question about what documents are needed for a social tenancy agreement.

Certificate from the place of registration on family composition, issued by the management organization, indicating the date of registration of the employer and family members (valid for 10 days); 3.

The employer's passport or a notarized power of attorney for the right to sign a social tenancy agreement, as well as a copy of the passport (page spreads with registration photo); 4. Original and copy of the court decision.

Based on the Resolution of the city mayor: 1.

Application for concluding a social rental agreement; 2.

Original and copy of the Resolution of the city mayor. To include minor members of the employer's family in a social tenancy agreement, citizens submit the following documents: 1.

When concluding a social rental agreement for residential premises, the provisions of the current legislation must be observed. They record the order of the procedure. The need for it arises in the following situations:

there is a change in the postal address of the property;
the status of the residential premises has changed;
a major renovation was carried out and the area of the apartment was reduced or increased;
family composition has changed;
The name of the tenant or one of the persons living with him in the apartment has changed.

If the rights of one of the citizens in connection with the population of real estate are violated, he has the right to file an application in court. In this situation, it will be necessary to prove the fact of illegal actions. To do this, it is allowed to use a voice recorder or include in the package of documents a written refusal that was carried out unlawfully.

The latter must be in writing. The Housing Code provides for the Government to adopt a standard form for this type of agreement. They must contain a clause on the subject, which describes in detail the premises being leased.

This is followed by conditions on the obligations and rights of the parties, rules for changing (terminating) contracts, data and details of both parties. Social contract Renting a municipal apartment is concluded without any time limit.

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Where to get a social tenancy agreement, where to apply? Do you need help? Consult our lawyer for free! Laws in our country change very often! Get the latest information by phone! Just call from any region of Russia: Or contact our online consultant! The conclusion of an agreement for free housing is carried out in the established order of priority.

To do this, you need to contact the appropriate government agency at the applicant’s place of residence. Special conditions Under the terms of the above agreement, a transaction is concluded between the parties, according to which the municipality transfers the living space for use to the citizen free of charge.

In this case, the individual undertakes to pay for utilities, with the exception of the item for major repairs. If a low-income family wishes to draw up a social lease agreement for residential premises, the commission will take into account the family’s current living conditions and its income. Only citizens of the Russian Federation can apply for state housing.

Citizens of other states or those without citizenship at all do not have such a right.

How to register through the multifunctional center? An application for concluding a social rental agreement for residential premises can be submitted through the MFC.

If a citizen decides to use this method of appeal, he will need to prepare a standard list of documentation. If all the papers are collected correctly, the employees of the multifunctional center will accept the application and begin consideration.

The decision will be made within 30 days from the date of submission of documents. When the verdict is known, the applicant receives notice of the result of the procedure. If the decision is positive, an agreement will be drawn up for the transfer of the municipal apartment for use.

Features of restoring a lost agreement If a social tenancy agreement has been destroyed or lost, the document can be restored.

When figuring out where to get the paper again, you need to take into account that when the registration procedure is carried out, the citizen writes two copies of the social tenancy agreement. One of them is given to the tenant, and the other remains with the landlord.

If the administration acts as the owner of the property, and its representative signed the contract, it is there that you must apply for restoration. You must have a prepared package of documentation with you.

It may include:

passports or birth certificates of all family members who are registered in the residential premises;
a certificate of family composition and an extract from the house register;
personal account statement;
certificate of divorce or marriage, if any.

Please note that statements are valid for 14 days from the date of receipt.

Application from the employer to include minor family members in the social tenancy agreement; 2.

Statement of consent of the second parent to include minor family members in the social tenancy agreement, a certificate from the place of registration about the composition of the family, if he is not registered at this address; 3.

The tenant's passport or a notarized power of attorney for the right to sign a social tenancy agreement, as well as a copy of the passport (page spreads with photo registration) 4.

Child's birth certificate. To include new members of the employer's family in the social tenancy agreement, citizens submit the following documents: 1. Application for inclusion of new family members in the social tenancy agreement;; 2. Certificate from the place of registration on family composition, issued by the management organization, indicating the date of registration of the employer and family members (valid for 10 days); 3.

It must include:

previous social rental agreement for residential premises;
a copy of the order;
passport or birth certificate of all persons living in the property;
a certificate from the BTI containing characteristics of the property;
a receipt confirming timely payment of utility bills;
a copy of the documentation regulating the reason for the re-registration of the transaction.

If at least one of the documents established by current legislation is missing, the renewal of the agreement will be refused. Drawing up an additional agreement In practice, a number of situations may arise in the event of which it will be necessary to draw up an additional agreement. Therefore, it is worth making them immediately before applying.

A sample paper will help you understand the specifics of drawing up a contract. The second copy of the document is provided within a month after the application. If a citizen acting as an employer dies, the social tenancy agreement will not be provided to another person. The document will need to be reissued in the name of one of the employer’s family members.

It must be taken into account that the agreement not only confers rights, but also imposes a list of responsibilities. Failure to comply with them will result in violation of housing rights. A social tenancy agreement allows you to receive real estate from the state. The document regulates legal relations in the area of use of residential premises that are owned by the municipality.

All legal relations are carried out on the basis of the provisions of the Housing Code of the Russian Federation.

Documents for drawing up an agreement Social rent of housing is possible only after the conclusion of an appropriate agreement between the municipality and the citizen. This is done upon presentation by the applicant of the following documents:

statement;
passports and other documents for the future employer and his family;
decision to allocate free housing;
certificate of family composition;
information about the absence of debts for payment of housing and communal services.

Administrative regulations approved by order of the Department of Capital Construction of the city of Sevastopol dated September 27, 2016 No. 131-a/2016

Where to get a social tenancy agreement, where to apply?

The conclusion of an agreement for free housing is carried out in the established order of priority. To directly conclude an agreement, you need to submit an application and the required package of documents to the relevant department of the city administration or through the MFC. You can pick up the contract on the appointed day after it has been completed and signed.

Procedure

To sign a document on social When hiring, it is important to go through the entire procedure for providing municipal housing for use. It consists of several stages. The first of these is the recognition of the applicant as needing free housing.

After the applicant for an apartment is included in the lists, he has to wait his turn. Having decided to allocate premises, the local administration, based on the citizen’s application and the documents provided by him, draws up an agreement. On the appointed day, the parties sign a document, where the employer can receive it in his hands.

Where to get a copy of the warrant for a municipal apartment

A warrant for non-privatized housing refers to one of the main documents confirming the right to ownership of the property specified in it. But what to do if it is lost and how to restore a warrant for a municipal apartment?

What is it needed for

A warrant for a municipal apartment was issued by the executive committee . It was considered a kind of permission to move in and live in a given premises. We can say that this is a similar document, a certificate of ownership of housing, or a social tenancy agreement.

At the moment, the order has no legal force. It is not a significant document for apartment owners and residents. However, it significantly simplifies various property transactions. For example, they facilitate the privatization of housing.

According to the current Housing Code of Russia, the title documentation for a municipal apartment, instead of a warrant, is social and commercial agreements, including agreements on free use. These papers contain all the information about housing.

The need for a social tenancy agreement may arise in several cases:

To register in order to increase living space.
If you need to register someone in your apartment.
To receive subsidies.
If there is a need for redevelopment in the apartment, etc.

Such an agreement will completely replace a lost order if there is a need for privatization of property. If a person permanently lives in a municipal apartment and pays utility bills, then they cannot refuse to conclude such an agreement.

ATTENTION! Commercial contracts do not provide the opportunity to apply for benefits for utilities.

Actions in case of loss

To draw up an agreement giving the right to housing, you must submit the following papers to the Office of the Housing Policy Department:

Personal passports and TIN (of the applicant himself and all persons who will live with him).
Documents confirming the relationship with these persons, who will receive registration in this living space in the future.
Housing order. It is the basis for the appeal. It is not necessary to provide it, but its presence will significantly speed up the privatization procedure.

After submitting all the necessary papers, the information provided is entered into the electronic database . Next, the applicant is sent an official response in writing.

Those citizens who do not have their own real estate are in a more advantageous position. The total income of the applicant’s family members also plays a role.

If the answer is positive, then a social employment document is drawn up and signed. After which you can begin to privatize the apartment . In this case, the order is surrendered and cannot be returned.

It is difficult to sign a rental agreement if the warrant is missing or lost. In this case, you will need to restore a copy of it, because privatization of living space without it becomes much more difficult.

It is necessary to restore an order immediately from the moment it is lost, since this will be problematic in the future. In addition, it is impossible to issue a duplicate immediately, since its restoration may take some time. Basic steps to restore a document:

Contact the REU with a request to issue a tear-off part of the coupon from the lost warrant. This is where it is stored. If such a document is missing, the applicant will be refused a copy.
Send an application to the local administration at the location of the property with a request to sign a social rental agreement.

In this situation, you will need an official certificate confirming the absence of a coupon. If such a certificate is not issued, the privatization process may be significantly complicated.

ATTENTION! If the decision of the local authorities is not in favor of the applicant, then it is necessary to request a written refusal. In the future, it can be used when filing a claim in court in order to declare the decision unfounded or illegal.

Order restoration procedure

A warrant is required for the privatization of municipal housing . If it is damaged or lost, it must be restored. This document contains all the information not only about the owner of the property, but also about all family members living with him. Basic recovery methods :

Draw up an application to the administration, where all data on the issuance of the warrant should be stored, and there should also be entries from the house register with all the counterfoils and copies of documents.
If the administration does not have such information and papers, then you need to start drawing up a social tenancy agreement. Why is the application being drawn up again? An unfounded refusal can be challenged through the courts.

If housing is privatized for a fee, then a copy of the order can be obtained from the migration service at the place of residence.

Reasons for refusal

Refusal to provide a copy of the order must have compelling reasons. Based on them, actions are determined in each specific case. Why citizens may be refused:

The applicant does not have registration in the apartment indicated in the application. In this case, it is impossible to conclude an agreement with a person who is not registered in this living space.
If the order is lost by the owner himself or a government agency. If the culprit is a government agency, then a social rental agreement must be concluded without fail. Since in this case the document cannot be restored.
They do not have the right to refuse to issue a copy if the warrant was issued for a person who has already died, since all his rights are transferred to the relatives specified in the warrant if they still have registration in this apartment.

Lack of registration is equivalent to the lack of the right to live in a municipal apartment. In this situation, the privatization procedure does not provide for the provision of a share of property to the discharged citizen.

IMPORTANT! To draw up an agreement, it will be sufficient to have a personal passport, as well as passports of all registered persons living in a municipal apartment, an extract from the house register and a certificate from a personal personal account.

Where to contact

There are several organizations where you can turn for help:

Repair and Operations Department (REU). You can make a request to this organization to receive a tear-off coupon or a certificate stating that this part of the order is missing. To do this, you will need to provide the necessary documents.
Local administration . An application is submitted here for the purpose of drawing up a social tenancy agreement. If the request is denied, the next step is to go to court.
Department of Real Estate. You can also request a copy if it is lost. However, this is not always possible.
Territorial housing organization. In addition to a copy of the order, in this place you can obtain all the necessary documentation that is required to conclude a rental agreement.
Migration Service (passport office). A duplicate of the order can also be provided here.

This is the order in which you will have to seek help.

ATTENTION! Based on current legislation, the original order cannot be restored. It is being replaced by other documentary analogues.

https://www.youtube.com/watch?v=NwBUnlxK2sA

Do not worry if this document is found to be lost. It is impossible to use it for personal gain, since without additional documents it is just a piece of paper . In any case, the loss of an order, although unpleasant, is a completely solvable problem.

To restore it, you can prepare in advance the necessary documents that may be required: a certificate of family composition, a personal passport, any available documents for municipal housing, as well as an extract from your personal account. If you have an extract from the Unified State Register, you can provide that too .

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Source: https://domosite.ru/nedvizhimost/gde-poluchit-kopiyu-ordera-na-munitsipalnuyu-kvartiru

Where to get a social tenancy agreement for privatization

To carry out the privatization procedure received through social networks. Renting an apartment also requires collecting a number of documents. It will not be possible to arrange it without a social tenancy agreement.

If for some reason the employer does not have this document in his hands, then you can get a social tenancy agreement for privatization from the body that originally signed it.

Step by step procedure

To receive a document about social security. When hiring you need to do a number of things:

Find out whether you fall into the category of people who can qualify for a free apartment.
Next, you need to register as a citizen in need of such housing. To do this, submit an application and the required package of documents to the local administration.
After being included in the list for housing, you need to wait your turn. When she approaches, a decision will be made on the allocation of housing.
Based on this decision, application and documents attached to it, the social contract itself is drawn up. hiring

How to restore a contract and get a duplicate of it

The contract, like any other documents, can be lost. At the same time, it is important for the employer to have it at hand. Therefore, social housing users often ask whether it is possible to obtain a second copy of the document.

The legislation provides for the possibility of reinstating a social tenancy agreement for residential premises.

Documents for recovery

It is possible to obtain a copy of the social tenancy agreement using an application and the following documents:

passport, other identity document;
current certificate of family composition;
extracts from personal account (house register).

Depending on the situation, other documents may be required from the applicant.