Who is a responsible tenant?

Responsible tenant

Today, municipal-type housing is provided to Russian citizens on social rent.

In this case, the owner of such premises is the state as part of the local government structure.

Whereas those in need are persons who meet the basic requirements that apply to this category by the Housing Code of the Russian Federation.

A social rent agreement is signed for an unspecified period of time, in other words, citizens in need have the right to live in a private building or in an apartment for an unlimited period if all the described conditions of the agreement are met.

The tenant or tenant is the person with whom the municipality signs the agreement.

At the request of the tenant, as well as on the basis of a written application, he has the opportunity to move his loved ones and other relatives, for whom he is legally responsible, into the residential premises.

What functions does a responsible tenant perform in a municipal apartment?

This living space may be provided for residence to Russian persons solely on the basis of a social tenancy agreement.

Whereas until 1995, Russians moved into municipal residential premises upon receipt of a warrant. This is a kind of analogue of an agreement.

In the case of settlement by order, one of the family members was determined as the responsible tenant.

This could be:

• — Capable citizen
• —Adult
• — Having Russian citizenship.

The responsibilities and rights of the tenant and his relatives living with him in a municipal apartment are presented in the regulations of Articles No. 67, No. 69 of the Housing Code of the Russian Federation.

In a privatized apartment

In accordance with the provisions of Federal Law No. 1541-1, persons who are registered in municipal housing have the right to register such housing in their own possession.

Upon completion of the transaction, the tenant, as well as members of his family, become owners.

For this reason, the terms “tenant” and “responsible tenant” are no longer applicable.

Due to the death of the employer

In the event of the death of the responsible tenant (tenant), the social tenancy agreement can subsequently be re-signed with any legally competent person who has reached the age of majority, who is a citizen of the Russian Federation, a relative of the deceased, registered in this premises.

For this purpose, all family members registered in the living space are obliged to fill out a corresponding application to the management office or HOA, expressing their consent.

Provided that the responsible tenant lived himself, new tenants can move into such premises, since the death of the tenant is considered as a valid reason for terminating the social tenancy agreement.

What rights does a tenant have?

They are described in the provisions of Article No. 67 of the Russian Housing Code.

The basic ones are:

In addition, the employer can:

In this case, the tenant has no right to act on behalf of other family members without a power of attorney.

Is it possible to register a person without consent?

The standards of Article No. 70 of the Housing Code of the Russian Federation state that the responsible tenant (tenant) has the right to move in and also register other members of his family in the occupied apartment, not counting those already mentioned in the agreement.

Nevertheless, for such a purpose, he must first obtain the written consent of already registered persons.

There is a special category of Russian citizens whose registration requires the written consent of persons who already have permanent registration in a given residential premises, but the consent of the property owner is not required.

The described category includes: children who have reached the age of majority, a spouse, as well as parents of both the tenant and other family members living with him.

In the case of children, parents and spouse moving into an occupied municipal apartment, there is no need to adhere to the accounting norm, in accordance with the provisions of Article No. 50 of the Russian Housing Code.

Is it possible to discharge a tenant?

Eviction from a residential premises is permissible only by court order.

This can be done if the following circumstances exist:

• If the child has grown up, moved from the parents’ apartment, lives in another area, but does not come for discharge;
• If a registered person suffers from drug addiction, has an alcohol addiction, or has another illness that makes living together impossible;
• If the registered person does not pay for the provided housing and communal services;
• If one of the family members who has a permanent residence permit in such an apartment has not appeared for a long time, if no one knows about his actual location;
• If the apartment was received as a gift or inheritance, but unauthorized persons are registered in it;
• In case of divorce, if one spouse moved to live in a new place.

For a list of unscrupulous tenants, see here.

: Renting an apartment rights and obligations of the Landlord

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Source: https://ipoteka-nedvizhimost.ru/otvetstvennyj-kvartirosemshhik/

Re-registration

When family members cannot agree and come to an agreement, all issues of re-registration of housing are resolved through the court. The tenant has the right to provide temporary housing to strangers, but only with the consent of the others living in the apartment (Article 67, part 1, paragraph 3 and article 70). The landlord must be notified of this in advance. After the death of the responsible tenant, the tenant may be a legally competent adult family member registered in the apartment.

In this case, you must also contact the management organization with a corresponding application, which must contain the consent of all those registered regarding the change of employer. Re-registration initiated for any reason must provide for such consent. The change of the responsible tenant occurs in this way.

After the death of the tenant, the municipal apartment will have to be re-registered by drawing up a new DSN. In accordance with the legislation of the Russian Federation, a person is selected who has the right to such registration: the choice is made exclusively among family members living in a given living space or persons who have received a privileged right through the court.

The procedure for registration and the rights of residents are specified in Article 82 of the Housing Code. It is especially noted there that if any citizen who uses housing on the basis of the DSN, decides to start a family with a person living in another living space, he can apply for a common DSN for any of the registered family members. Any of the residents can replace the first tenant if he is legally capable (the consent of all other residents in this living space is required), but this requires the consent of the owner of the housing (department or municipality).

We invite you to familiarize yourself with the Order on the appointment of responsible persons

Responsible tenant: rights and obligations, change

In buildings with a large number of apartments, they are all owned by those who bought them or privatized them. It is also possible to rent them under a social tenancy agreement. Apartments for rent are owned by the municipality. The tenant enters into a corresponding agreement with him, but previously he was called by another name - a responsible tenant.

Who is a responsible tenant?

And so, this concept is not relevant now, but a responsible tenant in a municipal apartment is a person who decides to rent an apartment.

His responsibilities include paying rent as well as utilities. Also, without his consent, no transactions with the apartment can be carried out, or rather, registering or deregistering someone, making redevelopment, buying and selling. That is, he is the direct owner of this apartment. This applies to municipal housing.

In an apartment that is privately owned, or rather privatized, the responsible tenant is the owner, owner of the housing and can dispose of this housing at his own discretion. Just as in the case of a tenant in municipal housing, in privatized housing the tenant can register and discharge a person to his living space. In addition, he can sell such housing.

If the responsible tenant sells his share, the apartment, then he no longer has any rights to it. If he is registered in it, he, of course, has the right to live, but no longer has the right to dispose of it.

Responsible tenant, his rights and obligations

Housing Code, Article 67 states that the tenant has the following rights:

• Move other persons into housing;
• Rent out an apartment;
• Allow temporary persons to live in housing that is occupied by them;
• Exchange or replace your home;
• Require that utilities be provided on time, repairs in an apartment building;

Also, according to the law, the employer may have other rights that may be in this code or established by other federal laws and a social tenancy agreement.

https://www.youtube.com/watch?v=Zw8JvuM4A8I

His responsibilities include:

• Use of housing that is provided exclusively for its intended purpose;
• The tenant undertakes to ensure that the housing remains safe;
• If necessary, make repairs;
• Make payments for utilities and housing within the required time frame.

These are all the basic rights and obligations that are provided for by the current residential code.

Can a responsible tenant evict someone without their consent?

The answer to the question posed is simple: “ Can a responsible tenant evict a tenant without his consent?” - no, he can not! (If he is not the owner of the property.) This can be understood by reading Article 67 of the Housing Code. In the list of rights that it establishes, there is no one that would give him the opportunity to evict someone from a living space.

However, there are some additions. However, citizens can be expelled from their housing by the landlord if, for example, the housing is not used as intended or the residents violate all the rights of their neighbors and behave inappropriately.

If utilities are not paid, this is also a good reason for eviction.

How to change the responsible tenant in a municipal apartment, reasons

All the nuances of the procedure, of course, can be found in the housing code. There are a number of reasons, for example, it could be the death or disappearance of the employer.

Based on the law, a change of employer is carried out only with the consent of all family members.

The reasons may be:

• The main tenant moves out of the apartment.
• Divorce.
• The employer was arrested and sent to prison.
• The most common cause is death. If this happens, then you need to choose a new main tenant. Requirements for the candidate: to be of age and able to work.

Re-registration procedure

In order to be able to appoint a new tenant, you need to go through the procedure of re-issuing a social tenancy agreement. It is standard and is carried out when the composition of residents in housing changes

Important! If the tenant is no longer alive or has left the apartment, then the remaining members of his family continue to live there, since they have the same rights as him.

Where to contact

The first step is to contact the Housing Policy Department. There you submit an application indicating that the contract needs to be renewed and the reason itself is described.

Then a new one is drawn up, and when it is ready, you need to go to the housing maintenance office. There, all the necessary procedures related to personal accounts will be carried out, and utility bills will be sent to the name of the new tenant.

Documentation

As with all such procedures, a certain list of documents is required. In this case it is like this:

• Original and also a copy of the personal account;
• Originals or copies of passports of all family members;
• Extract from the house register;
• Tenancy agreement concluded with the municipal housing stock;
• A document must be presented indicating that the main employer has left or died.

All family members must sign the document that is being certified. If any relative is currently absent or cannot come, you must provide notarization of his consent.

Only upon provision of all specified documents can re-registration occur. So, it’s better to check everything in advance and collect all the necessary documents and then go write an application.

Who can be appointed

This question is asked quite often. For example, the main tenant in a municipal apartment dies, and who should now be appointed as the tenant? Let's say there are:

• Adult daughter;
• Youngest daughter, who is a minor;
• A child who is disabled;
• The common-law wife of the late father, whose temporary registration period is coming to an end.

In such a case, the adult daughter, of course, can become the employer. After all, she can work and is a member of the family.

Also, the main tenant can be a common-law wife, but if the registration period expires, then it is not possible to issue a personal account for her. However, the problem is solved by extending the registration.

By the way, the personal account can be divided, that is, the wife pays for some part of the utilities, and the adult daughter pays the other part. This procedure is possible only after the contract has been renewed. After all, the wife of the deceased still needs to obtain a new registration.

Responsible tenant in a privatized apartment, how to change

The answer to this question will be clear if you know what privatization is . That is, if an apartment is privatized, then there are no tenants in it. It is private property that has been transferred into your hands.

How to change a tenant

The answer to the question of how to change the tenant in a given apartment is simple. The rights of residents in a municipal apartment are absolutely equal. This is due to the fact that, at the moment, the concept of “Responsible Tenant” no longer exists in the Housing Code.

What happens if the tenant lives alone

In this case, after his death, the housing will return to the ownership of the municipality. If he was the only one registered there, then his relatives had no right to live there.

Such an apartment will be distributed in favor of those who need it. Relatives will be able to obtain an apartment only by court decision.

If there are minors left

Another question that interests many is what will happen if the employer dies, but minors remain who are registered and included in the DSN. Then, they can live in the apartment for life.

Often, the transfer of housing to a new tenant continues with privatization. This is because thanks to this, housing can be disposed of as you wish.

And the main advantage of privatization is that housing can be passed on by inheritance. But it is very difficult to transfer municipal housing for use to someone else; there are strict legal frameworks.

There is no need to worry about selling or inheriting such property.

How to become an employer

On the one hand, everything is simple, but as practice shows, this is not so. To understand everything in more detail, we will consider the following example:

Let’s say a granddaughter and grandmother lived in one common apartment, the granddaughter is listed in the contract and is registered. She always helped her grandmother and looked after her, and when she died, she buried her. Of course, the granddaughter’s parents were still registered in the apartment, but they haven’t lived there for a long time. Now the question is: “Does my granddaughter have the opportunity to get this housing?”

Let's take the Housing Code, Article 82:

That is, it is possible. But often, in reality, everything happens differently. The rest of the family members do not live in this living space and the granddaughter has no idea where they might be. Hence, the landlord has every reason to refuse to conclude a rental agreement with her, because she cannot provide the consent of the other two tenants to the municipality.

Then she will need to draw up a witness statement, which will be signed by three neighbors, stating that her parents have not lived here for a long time. And she ran a common household with her grandmother and buried her.

She collects all these papers and goes to court and files a lawsuit.

Of course, there is a possibility that two residents will be recognized by the court as former family members, and the municipality will also be obliged to recognize the granddaughter’s right to live in this apartment.

The court also has the right to make a division of social services. rental, that is, each family member will become a separate tenant of the apartment. This way, the rent will also be divided and everyone will pay separately.

Conclusion

In general, the concept of a responsible tenant has not been used for a long time. Now this is the employer. All members of his family have the same rights. We have looked into this issue in detail and you know who he is, what rights and responsibilities he has, as well as how to change him if something happens.

Source: https://zakondoma.ru/zhkh-oplata/otvetstvennyj-kvartirosemshhik-prava-i-obyazannosti-kak-smenit.html

Inheritance of non-privatized property by law

The rules of inheritance and provisions on the powers of property owners are established by civil law. Inheritance for recipients of the property of a deceased testator is an opportunity to acquire legal rights to it. But it is legally impossible to inherit a municipal apartment.

Only its owner can control the fate of municipal housing. However, in this case, by its status, it is a legal entity, which in inheritance can only act as an heir. Renters of housing also do not have the authority to leave it to someone as an inheritance. In this case, inheritance by law is also impossible without a will.

Registration of a municipal apartment after the death of a tenant

Home » Inheritance » registration of inheritance » Registration of a municipal apartment after the death of a tenant

The opportunity to privatize a state apartment has existed for more than 20 years. However, to this day a considerable part of this fund remains unprivatized. The law still allows this possibility. But citizens do not always dare to take this step.

Problems arise in connection with the death of the person in whose name the agreement to rent a municipal apartment was drawn up. Since such an apartment is not the property of the deceased person, it cannot be left as an inheritance. However, succession of rights in this case occurs differently.

Who can apply

According to paragraph 2 of Art. 49 LCD citizens who are recognized as low-income and in need of housing can count on municipal housing. The procedure for recognition as such is determined in the manner prescribed by the law of the subject of the Russian Federation, based on the family’s income and the value of the property they own. In this case, the family must be registered with the municipality as needing housing.

The following preferential categories of the population can also obtain a temporary place of residence under a social tenancy agreement:

• orphans without official guardianship;
• citizens resettled from premises recognized as unsafe;
• citizens who lost their housing as a result of natural disasters;
• military personnel;
• forced migrants recognized as such in accordance with the law of February 19, 1993 No. 4530-1;
• war veterans and participants in the elimination of man-made disasters;
• citizens who moved from the Far North;
• persons with chronic diseases that pose a danger to others.

The order and procedure for obtaining such an inheritance

A non-privatized apartment cannot be inherited.

Therefore, persons who lived with the deceased should formalize their rights to reside in the apartment in a different way. In order not to lose their housing, they can:

• renew the social tenancy agreement with the owner of the property;
• complete the procedure for privatization of the occupied apartment initiated by the deceased.

It will not be possible to inherit municipal housing after the death of a tenant, nor will it be possible to leave a will in his name. Only its owner can dispose of such housing.

List of documents

To draw up an updated contract, citizens living in a municipal apartment must personally sign an application for concluding a rental agreement.

The document form is provided by the authorized body and contains information about the residents, premises and the grounds for re-issuing the social tenancy agreement.

If one of the residents registered in the apartment cannot arrive in person to sign the application, this citizen’s consent certified by a notary with the conditions under which the new DSN will be issued is provided..

In addition to the application, it is necessary to document all the facts necessary for drawing up the contract, in connection with which the following are provided:

• Passports of all citizens registered in the apartment>;
• Employer's death certificate>;
• Current social lease agreement>;
• Extracts from personal account, house register.

It is important to remember that after re-registration of the social tenancy agreement, housing can be privatized.

All citizens living in an apartment and who have not previously taken part in this procedure have the right to participate in privatization.

Responsible tenant in a municipal apartment has rights

This is stated in the Housing Code of the Russian Federation. This regulatory act describes in detail all the subtleties and nuances associated with living in a municipal apartment.

Not all people have a personal home or apartment at their disposal. Many, due to life circumstances, are forced to rent premises on social rental terms. Such residents may use the amenities or utilities provided to them without restrictions. However, they are somewhat limited in their capabilities regarding the housing itself.

Social tenancy agreement

To be able to use municipal housing, the interested person must enter into a social tenancy agreement. The other party is the owner of the premises. In this case, this is a budgetary authority, an authorized local government body or an official. According to the signed agreement, the owner transfers the residential premises to the tenant.

However, the period of such right is not indicated in the document. Any changes in the procedure for renting social housing do not constitute grounds for cancellation of contractual relations. In such cases, amendments are made to the document. The subject of the agreement is the premises - a house, apartment or parts thereof.

This rule does not apply to non-isolated or auxiliary rooms, as well as to common property.

The content of the contract must reflect the following information:

1. Date and place of imprisonment.
2. Information about the parties - the name of the owner, a document confirming the authority of his representative, last name, first name, patronymic of the tenant, his passport details.
3. Subject of the agreement. The type of premises is indicated here - house, apartment or part of the housing, as well as the location address.
4. The amount of payment and the procedure for making it.
5. Rights and obligations of the parties.
6. List of family members of the employer.
7. Conditions for cancellation of the agreement.
8. Enforcement measures against the unscrupulous party.
9. Details of the owner and tenant.

Each page of the agreement must be signed by the parties. This avoids falsification.

To conclude a rental agreement, the interested person must contact the government agency in charge of the housing and submit the following documents:

1. Statement.
2. Passport and birth certificates of babies, if available.
3. Information about income received for each family member.
4. A document confirming the right of the initiators to social housing.

Subsequently, information is attached to the contract that certifies that the property belongs to the municipal fund. The contract itself must be concluded in writing. The basis for signing is the corresponding decision of the property owner.

If several people rent one space under separate agreements, then when they unite into one family unit, a general agreement will be concluded. If necessary, the contract can be canceled in court or by mutual agreement of the parties.

Rights of the employer and his family members

The Housing Code of the Russian Federation provides for a number of opportunities that are given to a responsible tenant.

1. Moving into other people's homes.
2. Subletting of premises.
3. Giving consent to the temporary presence of residents.
4. Exchange or replacement of premises.
5. Requirements for the landlord to provide proper utilities, keep the area adjacent to the apartment building and common areas clean, and, if necessary, carry out major repairs to the structure.

In accordance with Article 69 of the Housing Code of the Russian Federation, family members of the tenant include the wife, husband, children, and parents. Other relatives and dependent persons are recognized as such if they are moved into the premises and run a joint household.

Other people can be recognized as family members in court. These categories have equal rights with the tenant. If a person ceases to be a member of the family, but continues to live in the premises, then he retains all possibilities.

The temporary absence of a tenant and persons living with him does not deprive them of their rights to housing.

Use of housing

One of the rights of residents of municipal premises is the ability to use it. The essence of this is that a person can be constantly in the occupied area.

Residents also have unhindered access to the premises, that is, they have the right to come to the housing at any time of the day.

This also includes the ability of each resident to fully use utilities - gas, water, electricity, as well as other amenities - toilet, shower, bathroom. In this case, the degree of relationship, the amount of income received, age and gender do not play a role.

Exchange for another municipal housing

In this case, he will need the written consent of the owner, as well as those living with him, including those who are temporarily absent. Family members are also given certain rights to exchange. They may require the tenant to carry out such a procedure, including in relation to residential areas located in different houses or apartments.

If such an agreement is not reached, the problem can be resolved in court. In a situation where persons living with the employer are partially limited or completely deprived of legal capacity, the exchange will be possible only with the consent of the guardianship authorities.

If such a procedure violates the rights of this category of people, then the competent authorities will refuse.

The exchange of housing can occur between two tenants located either in the same or in different localities. However, the number of participants in such a procedure is not limited.

In any case, the process ends with the signing of new employment contracts.

Privatization

The tenant has the right to privatize the occupied housing. To do this, you need to contact the appropriate authority that allocated the premises.

In this case, the interested person must submit the following documents to the authorized body:

1. Application for the provision of a service of this nature.
2. Initiator's passport.
3. Identity documents of all family members who are fourteen years old, as well as certificates of the birth of children under the specified age.
4. Community Housing Tenancy Agreement.
5. Extract from the house register.
6. Consent of all residents.

The collected package of documents must be sent to the owner. The procedure ends with a decision on the privatization of housing.

Types of registration in an apartment

The type of registration in an apartment depends on the length of a person’s stay. It can be temporary, when the resident’s presence is limited to a certain date, or permanent. It all depends on the reasons for each person's arrival and their intentions.

Constant

Permanent registration occurs when a person voluntarily changes the address of his actual residence. In most situations, this is caused by family or personal reasons.

For example, a person changed his place of work or his civil status, that is, he got married or his girlfriend got married. In such and similar situations, many change their address of residence.

Anyone interested in changing location must contact the registration authority within seven days of arrival. To move someone into the premises, the tenant provides the following documents:

1. Statement from the responsible employer to register the person.
2. Written permission from all residents of municipal premises.
3. Passport of the person being registered.
4. Extract from the house register.
5. Document on deregistration at the previous address.
6. Permission from the property owner.
7. Birth certificate, if the baby is registered.

The procedure itself will be implemented within three days from the date of transfer of documents.

Temporary

Before the expiration of the specified period, the interested party must contact the registration authority and submit the necessary documents. Their list is similar to permanent registration.

Just do not need to present a document on deregistration at the previous address, since the person will reside temporarily.

Registration must be done within three working days, and if the applicant fails to provide a document on the right to use the premises - eight.

Registration conditions

A person can be registered in non-privatized municipal housing if a number of conditions are met. They are reflected in Article 70 of the RF Housing Code.

This requires the voluntary consent of not only the tenant of the premises, but also all other residents, including those who are temporarily absent.

In this case, the opinion of relatives and family members, as well as all other persons who are registered at this address, must be taken into account.

The municipal body, which is the owner of the housing, may refuse permission if the person’s occupancy entails a violation of the established rules of residence, that is, the size of the area for each person will be less than the permissible minimum. Move-in is a reason for amending a previously concluded agreement.

Written consent of residents

Each resident must give their consent to the new person moving in. It is issued in writing. The current legislation does not approve the form of such consent.

The text of the document must contain the following information:

1. Information about the registration authority.
2. Last name, first name, patronymic, place of residence, contact phone number, passport series and number, employer's email address.
3. Similar data is indicated about the person registering.
4. Address of municipal housing.
5. Employer's consent.
6. Date of execution of the document and signature of the originator.

Source: https://lawsexp.com/juridicheskie-sovety/otvetstvennyj-kvartirosemshhik-v-municipalnoj.html

What rights does a tenant have?

Today, public housing can only be offered to citizens for social rent.

According to current legislation, only:

1. Citizens of the Russian Federation.
2. Adults.
3. Having no restrictions on legal capacity.

The tenant is an obligatory party to the contract, that is, the subject of housing law.

Their responsibilities

All residents of a state apartment must:

Rights of the main tenant

Since both the employer and his family members are equal members of the civil society, they have the same rights to public housing. They are listed in Art. 67 and art. 69 Housing Code of the Russian Federation.

In a non-privatized residential area

In this case, residents have the following rights:

The employer also has additional rights. He can:

But the employer cannot act without a notarized power of attorney on behalf of his family members.

Such actions will be considered illegal from a legal point of view.

In the municipal

This is the same non-privatized state apartment.

Therefore, the rights of the employer are exactly the same.

Without an agreement

You cannot live in municipal or state housing without an agreement.

In a privatized

What rights the owner of the premises has is stated in Art. 30 Housing Code of the Russian Federation.

This:

In communal housing

Neighbors have the following rights:

When demolishing a house

Premises in such a house can be occupied by citizens both on the basis of a social tenancy agreement and on the basis of ownership.

The tenant and his family members have the right to be provided with other public housing under a social tenancy agreement, based on the number of registered people and the norm for the provision of living space for each registered person.

If the apartments in the demolished building belong to the owners, then they will be provided with an apartment of similar size.