The main tenant, for whom a social tenancy agreement was signed, died in a municipal apartment.

The concept of social hiring

What does social hiring mean? Unfortunately, the state or territorial housing stock is not so developed as to provide square meters for everyone. Therefore, the opportunity to obtain social housing is not given to everyone. This right belongs to:

persons who took part in eliminating the consequences of the Chernobyl disaster;
World War II veterans;
disabled people of groups 1 and 2.

Orphans released from orphanages and boarding schools should be provided with social housing in the first place .

They are allocated one-room apartments with a small living space.

The size of the living space and the number of rooms for family tenants are calculated in accordance with the standards approved in a particular municipality.

Social rent allows you to live and use all utilities within a certain living area. But neither the tenant nor other tenants have the right to sell it, give it away, or bequeath it by inheritance.

Who is the main employer?

Most often, not just one person, but a whole family moves into a municipal apartment. But only one member of the family being settled acts as an applicant when drawing up the agreement . Documents and utility bills are drawn up in his name. It is he who is responsible to the municipality for the housing provided.

Previously, such a person was called a responsible tenant; after the latest edition of the housing code, the name was simplified to a tenant. The essence remains the same.

Employer status is:

Responsibility for compliance with the agreement and the actions of the entire family.
Representative functions in all matters related to housing.

How to become one?

In order to become the main tenant in a municipal apartment, you need to enter into a social tenancy agreement in your name. This can be done by agreement with other family members. If an agreement cannot be reached, the housing department can appoint a tenant.

How to file a claim?

How to file a claim to become the main one? In accordance with Article 672 of the Civil Code and Article 82 of the Housing Code, any adult and capable family member can become a tenant with the consent of the existing tenant and other residents. Therefore, it is legally possible to ask the municipality, represented by the housing department, to renew the contract. How to change employer? To do this, submit a corresponding application.

Article 82 of the RF Housing Code. Changing the social tenancy agreement for residential premises

Citizens living in the same apartment, using residential premises in it on the basis of separate social tenancy agreements and united into one family have the right to demand that any of them conclude one social tenancy agreement for all residential premises they occupy.
A capable family member of the tenant, with the consent of the remaining members of his family and the landlord, has the right to demand recognition of himself as a tenant under a previously concluded social rental agreement instead of the original tenant. The same right belongs in the event of the death of the employer to any capable family member of the deceased employer.

However, such requests are not always satisfied. Therefore, you can file a claim for the same in the district court at your place of residence. There are standard templates for such applications, so submitting one will not be difficult.

The following documents are attached to the statement of claim:

Copies of passports of all participants.
Registration certificates.
A copy of the personal account.
A copy of the latest receipt, which confirms the absence of debt.
Social rental agreement for premises.
If the previous employer has left or died, you must provide a certificate of deregistration.
Receipt for payment of state duty.
Depending on the specific situation, other documents may be needed.

Rights and obligations

On the one hand, the law says that all registered and living family members specified in the social tenancy agreement have equal rights to this premises, bear the same responsibility for compliance with the terms of the agreement, and have the same responsibilities. At the same time, Article 67 of the Housing Code stipulates the rights and obligations of the person specified in the contract as the tenant.

Accommodate third parties in housing.
Conclude a lease agreement with other citizens for part of the occupied living space (read about whether a municipal apartment can be rented out here).
Accommodate someone for a while.
Demand that the landlord replace the apartment if the existing one does not meet the standards.
Demand compliance with obligations from the landlord, namely, provision of utilities, major repairs, etc.

Obliged to ensure the safety of the apartment and other property entrusted to him.
Use the premises only for living in it.
Do routine repairs with your own money.
Maintain the normal condition of the home.
Pay utility bills on time.

Rights of other residents

What are the rights of a council housing tenant? Article 76 of the Housing Code indicates the possibilities of the tenant in relation to non-privatized living space. This includes:

the right to move in other third parties, except those who officially live there under a social tenancy agreement;
exercise the right to sublease and re-let the allocated part of the living space or the entire apartment (only after the consent of the municipality);
require the owner to carry out repair work and timely provision of housing services;
allow third parties to reside on a temporary basis (as agreed by the parties);
exchange this type of real estate for another or demand its replacement based on special circumstances specified in Article 72 of the Housing Code of the Russian Federation.

Any changes must be made to the social tenancy agreement for the apartment and not only with the consent of the municipality, but also of other people living in it who have acquired legal capacity. If you want to move someone in or register someone in this apartment, you will need to obtain permission from the owner. An exception is registration for minor children in a non-privatized apartment. The state can refuse to register new residents only due to a violation of the amount of space per person.

Now let's look at the rights of other tenants in the event of the death of the tenant. What a family member living with the main tenant can do after his death:

Renew the social tenancy agreement for yourself.
Go through the privatization procedure.

Even if the tenant changes, no other resident of the municipal apartment can be registered as a new tenant.

To renew the contract, you must have the permission of the other residents living in the apartment, as well as the landlord, that is, a departmental or municipal body. Privatization implies the appropriation of state property, that is, the property will be transferred to your personal property, which you can dispose of without the consent of government authorities. However, privatization cannot be carried out without re-registering the social tenancy agreement.

When supporting parents

The situation described above, alas, is not the most difficult. It will be more difficult:

An individual who is dependent on and cares for an elderly tenant of a municipal apartment;
Children of the tenant who are dependent on him, but are not registered in the living space;
The employer opposes the registration of children of a registered person who is dependent on them;
If the employer is registered in a psychiatric clinic.

The most common option is when the tenant’s son is interested in living space after his death, since he does not have personal housing and lives in a dormitory. Under these circumstances, after the death of the tenant, the rights to his living space for the children will not be retained. The general rules of inheritance do not apply here, since the real estate is owned by the state. Such a difficult issue can be resolved by declaring the parent incompetent according to the conclusion of a medical institution, and by formalizing official guardianship over him. This is the only way to inherit municipal housing after the death of the parent who is the tenant of the property.

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 contact the online consultant form.

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Non-privatized apartment after the death of the owner
Privatized apartment after the death of the owner
Municipal apartment: should it be privatized?

I have been registered in the apartment since 1994, together with my father. Not privatized. The responsible tenant is my father. We haven't communicated for many years. There haven’t even been keys to the apartment for the last 14 years. My father lived with a woman with whom he married in 2009. Could my father register this woman and privatize the apartment without my consent? They accumulated a debt of more than 200,000 rubles for rent. Two years ago, all my accounts and cards were seized for this. My father recently died. Tell me what the schedule is. What is due to me, and what can this woman count on? Tell me what to do so as not to lose the apartment? Please advise what to do and where to start.

Good afternoon, Vladimir! Are you still registered in this apartment?

1. Find out who the apartment is registered to. Is it municipal or privatized? Who is registered in the apartment? Find documents for the apartment.

If you are registered in this apartment, then most likely it is municipal and no new people are registered there, since this would require your written consent.

2. Contact your stepmother - she is your father’s legal wife - a widow. Collect all documents. In any case, you will meet - discuss the issue of inheritance. The father's wife is entitled to at least half of the joint property.

* The employer cannot sell, donate, or bequeath this property, since the ownership of it belongs to the state - first privatize it. * A municipal apartment can only be privatized with the consent of all residents registered in it. If one of those registered does not get in touch and does not live in the apartment for a long time - theoretically it is possible without him - through the court, in practice you would most likely be notified. * The father could register a new wife only with the consent of all those registered.

One more moment! Family members of the deceased and those living with him can apply for an apartment. That is, you and your father's wife. Even if it is not registered.

Next, you will need to re-register the tenant of the apartment. Renew the social tenancy agreement for one of the heirs. Then privatize it.

Sep 10, 2019adminlawsexp

Death of a Tenant

The death of the employer does not at all mean the termination or termination of the social tenancy agreement.

The right to use the premises will pass to one of his capable family members. Persons registered in the specified housing do not lose the right to continue living there with the death of the tenant.

Article 82 of the RF Housing Code states that after the death of a social housing tenant, any of his close relatives writes a petition to the authorized body.

There you should demand to recognize him as a responsible tenant on the basis of a previously concluded apartment rental agreement.

It is very important that the following condition be met: all other family members must agree with the new candidacy. This is done by writing a collective statement.

When there is a difference of opinion, the issue will be dealt with through litigation. Since this will require spending time and money, it is recommended to reach an agreement out of court and not take everything into the legal realm.

Let's take a step-by-step look at how a new tenant is appointed:

Family members of the deceased tenant come to a unanimous agreement on who should be designated as the new tenant.
They also draw up a written collective statement, which is then submitted to the Housing Department or the relevant department of the executive authority. The personal presence of each family member or notarized consent will be required.
In addition to the application, the following are provided: a copy of an extract from the house register, passports of all residents of the living space, a social tenancy agreement, and a death certificate of the tenant of the premises.
Some time after the new agreement is approved and signed, receipts for utility bills will be sent to the new tenant.

You must remember to sign the previous tenant out of the premises. This is done at the passport office on an application accompanied by a death certificate.

We discussed above what happens when a former tenant has a family or close relatives living with him. But how does the situation develop if the tenant lived alone in a separate municipal apartment?

In this case, after his death, the social tenancy agreement is automatically terminated, since usually the death of one of the parties is a reason for the invalidity and irrelevance of almost any civil law transaction.

Then, by decision of the executive authority, the apartment is transferred to another family or another citizen.

What happens to a non-privatized apartment after the death of a tenant?

An apartment that a tenant receives on a temporary basis from the state is called municipal housing. A non-privatized or municipal apartment belongs to the state until privatization. Until the tenant of the property carries out privatization, he cannot sell the apartment, rent it out or inherit it to relatives, since the owner is the local authority. What then happens to a non-privatized apartment after the death of the tenant?

Article 82 of the Housing Code defines the rights and obligations of residents of municipal property.

After the death of the tenant, the apartment does not change its status. Therefore, there are two possible outcomes in relation to a state-owned non-privatized apartment:

The first is to re-register the social tenancy agreement for another family member who lived with the deceased.
The second is to transfer it to the state and move other people in need there.

If there are interested parties who want to renew the social tenancy agreement for a municipal apartment, then it is very important to decide on the first point. It says that this right extends to family members. Therefore, you first need to determine who is a family member? Many people confuse this concept with relatives. This category of citizens is not excluded, however, according to the Housing Code, a “family member” is understood as a category of people who are registered in the same living space and fulfill mutual obligations towards each other. Accordingly, the following persons can re-register rights to reside in a municipal apartment:

spouse, even if they are divorced, but continue to live together or are registered in a rental agreement;
any relative who lived in the apartment with the state tenant. housing;
any persons specified in the social tenancy agreement.

If several people lived with the deceased in non-privatized property, then after his death they are all given the same equal rights and can participate in the procedure for re-registration of the contract or privatization of housing. The entire remaining category of citizens, which is not described above, acquires similar rights only through the courts. If the contract is not renewed or interested parties do not show up, then the non-privatized apartment after the death of the tenant is provided to citizens who need it (in accordance with the law).

Municipal apartment after the death of the tenant: who will go to it, renewal of the contract

Latest changes: January 2020
The privatization process, which began in the 90s of the last century, helped many Russian families obtain ownership of housing, which they previously used under a social lease agreement. Not everyone was able to re-register their property due to various circumstances. Which led to the need to resolve the issue of who would receive the municipal apartment after the death of the tenant.

If private property is subject to transfer as part of the general property mass, then a person has no right to dispose of municipal housing.

While the apartment belongs to the municipal fund, it is legally owned by the municipality, which decides who to transfer the apartment to if the responsible tenant dies.

The prospects for relatives counting on inheriting rights depend on many reasons, and primarily on the presence of registration in the apartment.

Rights and obligations of the employer

Although tenants do not have the right to sell a non-privatized apartment after death or transfer it into ownership to other citizens, the state or municipality provides broad powers in relation to rented housing.

The tenant has the right:

give the right of residence to other citizens, including on a sub-tenant basis, if this does not contradict the legislation and the Housing Code of the Russian Federation;
exchange housing for a similar one from the municipal fund, in accordance with Article 72 of the Housing Code of the Russian Federation;
use the service for major repairs of housing and common property without additional payment;
use paid utilities provided by the landlord through service organizations.

Along with the rights, the tenant has the following responsibilities:

Use the provided apartment according to its purpose (for living).
Repair and monitor the technical serviceability of housing and communications connected to it.
Pay fees for the rental service and for received utilities in a timely manner.

If the tenant lived in the apartment with his family, they must be taken into account in the social tenancy agreement governing the use of the premises.

Family members living at the address of the municipal apartment retain the same rights as the main tenant.

Such persons include spouses, children, parents, dependents, and other relatives who live with the family.

To register new residents, the consent of the remaining relatives whose names are indicated in the social tenancy agreement must be obtained. If the tenant wants to register other citizens who are not family members, he will have to ask permission from the landlord, i.e. at the municipality. The latter has the right to refuse registration of new residents if more than the required number of residents live in the apartment.

The exception is minors and children of those who already live under a social tenancy agreement. They will not require permission for registration and move-in.

Who will get the municipal apartment after the death of the tenant?

The social tenancy agreement assumes that the municipality owns the housing, which means the tenant has no ownership rights. The tenant does not have the right to dispose of the housing during his lifetime and cannot bequeath it after death, since the status of the housing remains the same, i.e. municipal property.

If the tenant lived alone, and no one was registered in the apartment except him, the fate of the apartment, if the tenant died, would be decided by the municipality. He will be able to transfer housing to other persons entitled to housing under a social tenancy agreement.

If there were other residents included in the agreement with the municipality, they have the right to continue using the residential premises to the same extent.

What does living in an apartment provide under a social tenancy agreement?

After the conclusion of the contract, an indefinite right to use the premises arises as long as the accommodation complies with the law. social rent agreements are regulated by Decree of the Government of the Russian Federation No. 315 of May 21, 2005. The provisions of the contract must include information about housing, residents and the rights of the tenant and landlord.

The standard form for social employment must contain:

an accurate description of the municipal facility (address, characteristics);
list of rights and obligations of the parties;
procedure for making changes and grounds for termination.

There is an annex to the agreement that reflects the names of all registered citizens who are jointly and severally liable along with the main tenant.

If in the process of using municipal housing there is a need to make changes, they are based on the provisions of housing legislation:

Citizens registered in such housing have the right to enter into a single contract for living space, subject to the inclusion of such persons in the same family (as happens when registering a marriage).
If the remaining residents do not express a negative attitude, in agreement with the municipality, the apartment is re-registered to any of the citizens already registered in the living space. The death of the main tenant is one of the reasons for re-registration of the right to use municipal housing.

Grounds for termination

In rare cases, the question arises about terminating a social tenancy agreement.

Such circumstances include:

mutual consent of the parties;
identified cases of violation of the contract by a tenant registered in the living space;
impossibility of living in the house due to demolition and reconstruction, seizure of land with the provision of the right to live in another apartment;
termination of the contract at the initiative of the municipality or other authorized body on the basis of a court order;
arrears in payments for the apartment for at least six months;
establishing the culpability of the residents for significant damage and destruction of the apartment;
use of housing for purposes other than residence;
violation of the interests of neighbors.

To terminate a contract on a unilateral initiative, you will need to go to court.

The process of re-registration of a municipal apartment for a new tenant

Each region has its own procedure for applying - to the authorized department under the administration, or to the MFC. When submitting documents, family members after the death of the main tenant must decide who will now act as the main person to whom the social tenancy agreement will be reissued. Before submitting the documentation package, the deceased relative is first removed from the register.

After making a positive decision and re-signing the contract, they contact the management company, where they will make the necessary changes in the personal account registered for this living space.

Sometimes it is not possible to reach a common decision on the appointment of a responsible person. Lack of consent forces you to go to court to identify the tenant for whom the contract will be drawn up.

What documents are submitted?

The basis for considering the appeal of residents of a municipal apartment is an application for signing an agreement. A sample application will be provided by the authorized body with the mandatory inclusion of information about all living citizens and indicating the grounds for concluding an agreement.

To submit the application, it is necessary to ensure the personal presence of residents. If it is not possible to gather everyone together, the absent persons provide written consent certified by a notary office. The document records the readiness to accept the terms of re-issuance of the social tenancy agreement.

The attachments to the application are:

civil passports of residents;
death certificate of the main tenant;
previous document on social hiring;
L/s extract from the house register.

If it is planned to privatize the apartment later, those who have registered for the living space can participate in the re-registration of the property, if the right to free privatization was not previously used. After privatization, everyone is given a share in the property, which they can dispose of at their own discretion - sell, inherit, etc.

Who has the right to become a responsible tenant?

The rules for determining the main tenant are regulated by Art. 69 of the Housing Code of the Russian Federation. Relatives of the deceased tenant may apply to re-register the social tenancy agreement in their name if at the time of death they lived with him and their names were present in the previous agreement.

There are a number of other restrictions on the definition of an employer:

age over 18 years;
status of a capable citizen.

The presence of registration at the employer’s place of residence is a key point in determining the right to conclude a social tenancy agreement. If a relative lived with the deceased in public housing, after death the apartment returns to the owner, i.e. to the municipality.

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Source: //zakon-dostupno.ru/pravo-sobstvennosti/munitsipalnaya-kvartira-posle-smerti-kvartirosemshhika/

How to renew a social tenancy agreement after the death of the employer

As already noted, if the apartment has not been privatized, then inheritance does not take place. Instead, the social rental agreement is re-registered to another tenant. How to do it?

Re-registration procedure

As a rule, the authorized body for the disposal of municipal property in the housing stock is the housing inspection. Usually this is a department in the municipal administration.

Depending on whether the MFC in the relevant area provides services for re-registration of social rental contracts, you can contact them.

In any case, before applying, the responsible resident of the apartment must take the following actions:

obtain the consent of other residents to re-register the apartment in his name;
carry out an extract from the relevant apartment of the deceased tenant and obtain a certificate certifying the fact of death from the civil registry office;
prepare a social rental agreement.

After the agreement is concluded, a copy must be submitted to the authorized housing organization. She must make appropriate changes to the records in order to further determine who is responsible for the use of the apartment.

When residents of a municipal apartment cannot agree on the person to whom the contract will be renewed, they need to go to court. Whoever is determined by the court will be an eligible tenant.

What documents will be required?

Re-registration is carried out by concluding a new agreement with the authorized municipal body. To do this, submit an application in which it is necessary to indicate all residents and note the circumstances due to which re-registration was necessary.

When re-concluding the agreement, the presence of each resident is required. If one of them cannot participate, then he needs to draw up a notarized power of attorney in the name of one of the residents so that he represents him in the administration.

In addition to this application, you must submit the following documents:

passports of each of the residents;
a certificate from the civil registry office, which confirms the death of the previous employer;
a rental agreement that was concluded with the previous employer;
a certificate from the housing organization, which reflects the fact of payment of all utility debts;
an extract from the house register, which reflects the persons who are registered in the municipal apartment at the moment.

After the agreement is concluded, each resident indicated in it will have the right to privatize the apartment on an equal basis with others.

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.

Only after registration of ownership of housing can you freely dispose of this property, including transfer by inheritance.

What happens to a municipal apartment after the death of the tenant?

The privatization process, launched in the 90s of the 20th century, allowed a large number of Russian citizens to take possession of residential premises that they had previously used under a social tenancy agreement.

Not all people were able to take part in this process, so the question arose of who would get the municipal apartment after the death of the tenant. Personal property can be inherited by relatives or strangers.

Obtaining municipal housing by heirs is problematic and depends on a number of factors.

Powers and obligations of a tenant under a social tenancy agreement

The tenant of municipal housing has a wide range of rights in relation to this real estate:

grant the right to other people to live in an apartment free of charge or for a fee (unless this is prohibited by the norms of the current housing legislation);
exchange residential premises for similar real estate from a fund owned by the municipality (according to the provisions of Article 72 of the Housing Code);
use the capital repair service provided free of charge;
use various services provided for money by public utilities.

The responsibilities of a municipal housing tenant are as follows:

Use the apartment strictly for its intended purpose (for the residence of the tenant and his family members).
Carry out routine repairs and constantly monitor the proper operation of communications in the residential premises.
Pay for services under the rental agreement, as well as utility bills, on time.

Features of registration and residence of family members

If the tenant rents municipal housing with his family, they must be indicated in the social tenancy agreement. The following persons fall into this category:

wife husband);
parents;
children;
tenant's dependents;
other citizens living with the employer.

All persons specified in the contract have equal rights and obligations with the employer. New citizen-relatives can be registered only with the consent of all people included in the social tenancy agreement.

Persons who are not relatives can be registered in an apartment only with the consent of the municipality. If there are more people living in a residential building than required by the standards, the landlord has the right to refuse registration of other people. If we are talking about minor children of registered citizens, then they do not need to obtain an individual permit.

Who gets municipal housing after the death of the main tenant?

Since the apartment transferred for the use of citizens under a social tenancy agreement is owned by the local administration, only it can dispose of it. Therefore, housing cannot be the object of inheritance.

If the tenant lived alone, and no one else is registered in the residential premises, after his death the apartment passes to the municipality. He can leave the apartment without tenants or transfer it to other citizens under a social tenancy agreement.

Good to know:

If other people lived in the apartment with the tenant, they are given the right to continue renting the premises under the same conditions, but changing the information about the tenant.

Features of a social tenancy agreement

Based on the agreement concluded by the parties, the tenant has the right to use the premises specified in the agreement indefinitely, as long as he does not violate the rules for using the property.

The contents of this agreement are established by the provisions of Resolution No. 315, issued by the Government of Russia on May 21, 2005. According to this legal act, the social tenancy agreement must contain the following information:

specific description of the municipal property (exact address, characteristics);
list of powers and obligations of the parties;
procedure for making various changes;
grounds for termination of the contract by agreement of the parties and unilaterally.

The annex to the contract indicates all citizens registered in the apartment and living with the tenant. They are responsible for the property in the apartment jointly and severally with the main tenant.

If during the use of social housing there is a need to make any changes to the rental agreement, this is carried out in accordance with the norms of the Russian Housing Code and other acts.

Citizens living in a municipal apartment can enter into a single rental agreement with the administration, according to which all specified entities are included in the family.

If none of the residents objects, the apartment can be re-registered to any of the citizens registered and living in it. Thus, the death of the main employer entails the emergence of such a right.

Grounds for termination of a social tenancy agreement

There are several grounds for terminating housing legal relations under a social tenancy agreement:

consent of both parties;
identification of violations of the terms of the contract on the part of the residents registered in it;
the inability to continue living in the apartment due to the demolition of the house or its reconstruction;
termination of the agreement at the initiative of the administration in connection with a ruling of a court or other authorized body that has entered into force;
seizure of a land plot with the provision in return of the right to reside in another municipal facility;
rent arrears for more than 6 months;
proven guilt of residents in causing significant damage to municipal housing;
use of the apartment for other purposes;
systematically committing actions that violate the rights of neighbors.

Unilateral termination of the contract is possible only through court.

Re-registration of municipal property to another tenant

Each Russian region establishes its own procedure for submitting applications for re-registration of municipal housing. The main thing for tenants after the death of the tenant is to determine which of them will be a party to the contract. Before submitting the list of required documents, it is important to deregister the deceased relative.

When the municipality makes a decision to re-register the contract to another person, applicants must contact the housing management company, which will change the personal account information. According to Article 69 of the Housing Code of the Russian Federation, a contract can only be re-issued in the name of an adult capable person.

The timing of re-registration depends on when employers submit the appropriate application and receive the consent of the municipality. If the administration refuses to re-sign the contract without good reason, the tenants need to go to court to protect their interests.

List of required documents

Re-registration of the contract will be possible when the tenant chosen by the residents appears at the municipality together with other citizens registered in the residential premises, submits an application to re-sign the contract indicating all persons present and attaches the following documents to it:

residents' passports;
a document confirming the death of the main employer (court decision, death certificate);
original of the current social tenancy agreement;
extract from the personal account.

After submitting the documents, the applicant must wait for a written response from the administration and re-sign the agreement with it.

Living in a municipal apartment is beneficial from a financial point of view. But if the main tenant dies, there may be problems with the continued residence of the remaining tenants in the premises. Often it is necessary to resolve the problem through the courts.

Source: //pravoved365.ru/pravo/zhilishhnoe-pravo/privatizacija/municipalnaja-kvartira-posle-smerti-kvartirosemshhika

When does the transfer of housing to the municipal fund take place?

Re-registration of a social tenancy agreement by one of the family members after the death of the tenant responsible for the apartment allows for the privatization of the apartment. This can be done if the deceased has already begun this process, but did not complete it due to death. Then his relatives receive a similar right or after re-registration of the DSN. But if a sufficient amount of time has passed since the death of the tenant, and none of the family members have applied and re-concluded the contract, or no other registered persons lived in the apartment, then the non-privatized housing again goes into the municipal fund.

The right to receive such an apartment is only available to a certain circle of persons by law who are citizens of the Russian Federation. These include:

low-income citizens whose income is below the subsistence level in the region;
persons who have nowhere to live and do not have their own housing;
citizens who have a place to live, but the size of the allocated area is less than established;
own housing is in disrepair or is temporarily subject to reconstruction;
live together with patients who pose a threat to their health (for example, a chronic infectious disease).

All of the above persons are officially recognized citizens who need housing or improved conditions. In this case, the state can provide an apartment under a social rental agreement, where you will only need to pay for utilities and maintain living conditions in an appropriate manner. However, if there is a waiting list for such housing, you will not be able to move into a municipal apartment right away.

How and for what can you evict?

Despite this status name, this citizen can be evicted from the apartment on general grounds, namely:

For non-payment for 6 months or more with the provision of less comfortable living space (how much you need to pay for renting municipal housing and how to calculate the amount is discussed in a separate material).
Housing has received the status of emergency or dilapidated and is subject to resettlement. In this situation, new housing with the same area and conditions will be obtained. Relocation from dilapidated housing under a social tenancy agreement is discussed here, and the standards for providing housing under a social tenancy agreement are discussed here. hiring and what are the conditions for using housing are written here.
Illegal redevelopment, which poses a threat to load-bearing structures, the integrity of the occupied premises, neighboring premises and the entire house.
Systematic violation of the legal rights of neighbors. This point may concern rowdies, alcoholics, drug addicts and other antisocial individuals.
The tenant has not lived in the apartment for several years.
Parents who have been deprived of their rights to children may be evicted if it is proven that cohabitation with the children is impossible.

If in the first 2 points other housing is provided in return, then in the rest they are evicted “to the street”. If such grounds are discovered, the municipality files a claim with the court for eviction and termination of the social tenancy agreement. Another tenant may also initiate the claim.

For example, if the tenant has not lived in this apartment for a long time. His relative, who lives and is registered in this premises, can file a claim in court for eviction. In court, it is necessary to prove that the tenant has not lived in the apartment for a long time, although he is not prevented from doing so.

Reference! An evicted citizen can apply in court for a deferment due to a difficult situation: no housing, no work, disability, small children, etc. Often the court approves such a request and the tenant is retained, but in this case the person who will be the tenant may be changed.

Necessary documents for re-registration of a social contract. rental housing

The form of the social rental agreement is established by current legislation. The document contains information about the premises provided, as well as about the persons living in the premises. Additionally, the rights and obligations of citizens renting real estate are indicated. The provisions of the agreement can be changed. Adjustments must be made in accordance with the norms of the Housing Code of the Russian Federation.

If all residents of the apartment agree, and the representative of the authorized body has authorized the action, the premises can be re-registered to one of the capable residents. A similar rule applies in the event of the death of the tenant of the apartment. The current legislation identifies situations in the event of which a social rental agreement for an apartment can be terminated.

The list includes the following cases:

the employer and the municipality agree to carry out the action;
the employer grossly violated the rules established by the contract;
the use of an apartment under a social tenancy agreement is impossible due to the demolition of the property, reconstruction of the house or seizure of the land plot.

Termination of the contract at the initiative of the body that provided the premises to the tenant can only be done in court.

To draw up a new social rental agreement, the new tenant will have to prepare a package of documents. First of all, you will need to write an application for concluding a new agreement.

The application must be completed in accordance with the established requirements. The document form can be obtained by contacting the authorized body. The application must contain information about the residents and premises, as well as indicate the basis for re-issuing the social contract. hiring The new tenant and all tenants must jointly contact the authorized body.

In addition to it, you will need to provide documentation, which includes:

passport of the employer and other participants in the transaction;
old social rental agreement;
a certificate confirming the death of the previous employer;
an extract from the house register and housing personal account.

It must be remembered that after the social rental agreement has been drawn up, the housing can be privatized. All persons who live in the property and have not previously performed such an action have the right to take part in the procedure. Only after the registration procedure is completed will citizens be able to fully dispose of their housing. It will be possible to transfer the premises by inheritance if it has been registered as ownership.

Is it possible to inherit a non-privatized apartment?

According to Article 1112 of the Civil Code of the Russian Federation, only property that is owned by the testator can be transferred as an inheritance to one’s successors. Thus, a municipal apartment cannot be inherited, since it is the property of the municipal body.

Only if the apartment has been privatized is its inheritance allowed. Even if privatization was carried out with errors, difficulties with inheritance may arise.

So what should the people who lived in such an apartment do when the tenant died? What will be the future fate of such an apartment?

Who is the heir if the apartment is not privatized?

After the death of the tenant of a municipal apartment, no successor has the right to claim it as his property by right of inheritance. Even if the employer left a will, it will be considered invalid, since you can only dispose of your property.

In turn, the successors of such an employer can count on the following:

If the deceased person did not take steps towards privatizing the apartment, then after registering the rights of the tenant, the persons registered in the apartment can carry out privatization in their own name. In this case, they become the owners of the apartment not by right of inheritance, but by right of privatization;
If the deceased employer has already begun the privatization procedure, but did not complete it, then his successors can do this. In this case, there is a high risk of a dispute with the municipality, since the deceased employer was previously considered eligible for privatization. Then you will have to go to court.

When resolving a dispute in court regarding a privatization procedure unfinished by a deceased person, it is resolved in accordance with the rules of inheritance by law. If the employer left a testamentary document, then the court is obliged to take into account his last will. In addition, do not forget about the minor children of the deceased and his dependents, who are recognized as obligatory heirs.