Sample lease agreement for specialized residential premises 2020

In accordance with Part 1 of Article 99 of the Housing Code of the Russian Federation, specialized housing is provided: by decision of the owner of such housing or a state (municipal) body acting on his behalf or a person authorized by it (administration of a state enterprise, command of a military unit, etc.); under contracts hiring specialized residential premises. Thus, housing of this category is provided on two grounds - a decision and an agreement concluded in accordance with this decision. The exception is housing provided for the social protection of certain categories of citizens with whom an agreement for free use is concluded. Based on the meaning of Part 2 of Art. 99 of the Housing Code of the Russian Federation, specialized residential premises cannot be provided to citizens who have housing in the locality where they work, serve, etc., on the right of ownership, social rent, or on other grounds.

Specialized housing

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Ownership

Please tell me! Is it possible to privatize specialized housing for social rent? If so, how can this be done? Is it possible through the court? privatization of housing Collapse Victoria Dymova Support employee Pravoved.ru Similar issues have already been considered, try looking here:

Privatization of specialized residential premises
Privatization of service housing

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All legal services in Moscow Challenging the right to an apartment in Moscow from 20,000 rubles. Disputes about ownership of real estate Moscow from 45,000 rubles.

Rules and regulations for the operation of housing stock

In 2003, Gosstroy adopted a document describing the procedure for operating housing. It includes references to other acts; it spells out the responsibilities of the owners of apartments and common property of an apartment building. For example, they are required to take care of real estate and amenities. What else does the document say?

The types and procedures for inspection and maintenance are described.
Types of repairs (current and major), order of implementation.
Organization of maintenance of residential premises, attics, improvement facilities.
The procedure for preparing for the heating season.
Organization of dispatch service.
Carrying out cleaning in different seasons (winter, summer).
A significant part of the document is devoted to a description of the maintenance of walls, partitions, floors, coverings, roofs, and windows.

The final part of the rules and regulations for the operation of the housing stock is devoted to the forms of documents reflecting the condition of the house, recording inspections, repairs and other activities.

Article 100. Lease agreement for specialized residential premises

Info

The previous Housing Code of the RSFSR provided for a whole list of exceptions to this rule; thus, citizens whose service or work at the enterprise was at least 10 years, as well as single members of the employer’s family with minor children could not be evicted from specialized residential premises. The new Housing Code no longer contains such exceptions.

The legislator thus protects the economic interests of the owners of residential premises, many of which have passed into private hands. However, Federal Law No. 184-FZ “On the entry into force of the Housing Code of the Russian Federation” establishes that citizens who were not subject to eviction according to the previously effective legislation (LC) cannot be evicted from specialized residential premises occupied before March 1, 2005 RSFSR) - if they are or have the right to be on the housing register.

Features of the contract

A typical specialized rental agreement necessarily includes:

Detailed information about the parties to the agreement, including the names and passport details of all members of the applicant’s family.
Basis for obtaining the right of residence.
Full characteristics of the transferred housing, its technical condition, availability of furniture and repairs.
Rights and obligations of the parties regarding the maintenance and repair of housing.
Procedure for terminating the contract
Size and payment methods
Other, individual conditions for each specific case

Dorm room

A contract for renting a room in a hostel is intended for the temporary accommodation of citizens, while two or more persons are allowed to occupy one room. The peculiarity of such dwellings is that they must be furnished and equipped with necessary household items. A dorm room must have at least 6 square meters. meters of living space per resident. dorm room rental agreement

Official

A contract for the rental of a service apartment or other housing - the type and characteristics of such premises are directly related to the position and nature of the Employer’s labor relations. The official rental of an apartment or other housing is provided in connection with election or appointment to a position, as well as during business trips or service (read all about renting an apartment on a business trip here). The lease terminates at the same time as the employee's employment ends.

For orphans

Housing rental agreement for orphans - residential premises are provided for a period of up to 5 years, and then can be extended if circumstances are identified that indicate the need to assist orphans in overcoming a difficult life situation

Provision of housing under social rental agreements

The contract is terminated by court in the following cases: failure to pay for residential premises and utilities for more than 6 months; destruction or damage to housing by the tenant or members of his family; systematic violation of the rights and legitimate interests of neighbors; use of residential premises for other purposes. Article 102 of the Housing Code The Russian Federation provides for cases of termination of a rental agreement for specialized residential premises. The contract is terminated due to the loss (destruction) of housing, in the event of the death of a tenant living alone. The rental contract for specialized residential premises is terminated at the end (expiration) of the contract concluded for the period determined by the Housing Code of the Russian Federation (work, service, study, etc.) , i.e.

Sample document

Correct completion of a contract for the rental of specialized housing depends on the availability of all the necessary details that form the basis of the document:

Place and date of signing the contract;
Contact details of both parties (last name, first name, patronymic, series, passport number, place of issue, registered place of residence, name of organization, relevant addressees of the enterprise, provided that the agreement is executed by a legal entity);
Indication of the necessary information about the living space being rented (address, footage, floor, cadastral certificate number or ownership);
Terms of concluding the contract;
Inventory of residential premises (in some cases, an act of acceptance and transfer is drawn up);
The total amount of hire and the payment procedure between the two parties;
Rules of liability for violation of the conditions specified in the contract;
The procedure for terminating the signed agreement;
Progress in resolving controversial issues when opening court proceedings;
Possible ways to resolve the issue in the event of loss of property or other unforeseen circumstances;
List of attached documents (act of acceptance and transfer, inventory of property, protocols on controversial issues, additional agreements);
Basic details of both interested parties;
Establishing the date of filling out the document and signatures with a transcript of the surname.

Agreements for the rental of specialized residential premises can be found HERE.

Description of the parties to the agreement

The drawer of the agreement is the lessor, who leases the property for rental use. In accordance with the law, this transaction can be carried out by the following categories of persons:

Subject of the Russian Federation or state;
Municipal educational institutions.

The tenant of specialized housing is a citizen who is not allocated his own real estate and needs to obtain this kind of living space. For example, employees of the judiciary have the right to conclude an agreement when receiving the relevant real estate for temporary use.

Obtaining housing for temporary use is provided for various categories of civil servants when serving in municipal institutions. The contract is drawn up after approval of all the nuances and is an official confirmation of the legality of the transaction.

Hire objects

Rental objects under a specialized housing agreement are distributed in accordance with the legal norms of the current legislation:

Service-type premises (Article 93 of the Housing Code of the Russian Federation);
Rooms and other premises in dormitories (Article 94 of the Housing Code of the Russian Federation);
Premises of a mobile fund for living (Article 95 of the Housing Code of the Russian Federation);
Premises for living in houses provided for the social protection of citizens (Article 96 of the Housing Code of the Russian Federation);
Premises for housing during forced relocation and assignment of refugee status (Article 97 of the Housing Code of the Russian Federation);
Premises intended for social protection of a certain category of citizens (Article 98 of the Housing Code of the Russian Federation).

The procedure for drawing up a contract for the rental of specialized housing is concluded only after approval of the declared area for the appropriate category. The assignment process is carried out in the management bodies of the municipal housing stock.

Hiring terms

A contract for the rental of specialized housing is classified as a fixed-term contract, since in most cases the conclusion of a transaction requires immediate official confirmation. The rental period depends on the category of living space provided.

For example, a contract is concluded when registering for public or military service for the entire period of work. Termination of the relationship implies the end of the signed agreement.

In some cases, the rental period may be specified in the contract if the time of cooperation between the two parties is clearly stated.

Determination of fees under the contract

When concluding an agreement for the rental of specialized housing, payment for utilities and provided living space, and other expenses are a mandatory condition of the agreement in comparison with a social transaction.

The amount of the fee is individual, as it depends on a large number of factors (agreed amount, payment of utilities, duration of the contract). In the absence of regular compliance with the terms of the concluded transaction, the lessor has the right to terminate the official agreement.

The fee under the rental agreement for specialized housing includes the following services:

Direct payment for housing upon rent (with the exception of low-income persons under social protection);
Payment of funds for maintenance, repair and maintenance of housing (payment rates for services in apartment buildings are calculated by the housing department in accordance with current legislation);
Payment for utilities depends on the number of citizens living and the living space. Indicators for water and electricity are calculated using meters. In the case of water consumption, average consumption rates per person can be calculated.

Rights and obligations of both parties

An important aspect in considering the basic information about the contract for specialized rental housing is the study of the prescribed rights and obligations of both parties. In this case, the housing representative fulfills the following obligations:

Transfer of housing in appropriate condition for a certain period of time for an agreed fee;
Carrying out the necessary repairs or improvement of housing (if the conditions are specified in the contract);
Obtaining consent from the other party in case of necessary repairs on the rental property;
Timely warning to the tenant about termination of the transaction for a number of reasons no later than 3 months before the end of the contract;
Carrying out major repairs when the need arises;
A warning about the timely eviction of the tenant upon his personal check-in 2 months before termination of the contract.

In this case, the lessor has a number of certain rights:

Submitting a request for advance eviction of the tenant;
Possible interruption or subsequent conclusion of a transaction with an extension of the prescribed conditions;
Demand for payment within established terms in case of late payment by the employer or other unfulfilled conditions;
Possibility of unilateral termination of the contract in the presence of obvious violations;
Warning the employer about the presence of violations and their possible elimination within the prescribed time frame.

In turn, the employer must comply with the following obligations:

Careful living in rented housing in compliance with all specified conditions in the contract;
Ensuring the safety of housing and maintaining it in good condition;
Exclusion of repairs or complete reconstruction of rented housing without the agreement of the property owner;
Exclusion of possible privatization, sale or exchange of specialized housing;
Timely payment for housing and utilities;
Carrying out repairs in housing, if these conditions are specified in the contract.

The tenant of specialized housing also has the right:

Use of the received housing under all the conditions specified in the contract;
Determining the agreement for the use of the received property;
Accommodation of other persons in the specified living space with prior approval from the landlord;
Possibility for temporary residents to live without the right to dispose of property. These persons must vacate upon the first request of the tenant;
Concluding an agreement or drawing up an act of acceptance and transfer with an inventory of the property located.

When concluding an agreement on the rental of specialized housing, the document indicates all family members who will live in the specified living space. Persons have full rights to use real estate, excluding the presence of additional agreements.

The document is concluded in writing, and completed copies have legal force until termination. The paper loses its validity upon expiration of the period specified in the prescribed conditions.

Termination of obligations

Termination of a contract for the rental of specialized housing is possible with mutual consent of the parties. The tenant has the right to terminate the transaction unilaterally if the conditions specified in the document are violated.

Termination of obligations under the contract is considered if the owner of the property has identified obvious violations specified in the document. In this case, the issue is resolved in court when filing a statement of claim.

The contract is subject to termination if the housing is completely destroyed or other unforeseen circumstances arise that contributed to the resulting situation. The document is terminated upon transfer of ownership or a change in legal entity, since the basic information about the owner changes.

Upon termination of the concluded agreement, all citizens living in the specified living space must vacate within the established time frame. If such actions are ignored, then the eviction is carried out in court under the supervision of bailiffs.

In some cases, relocation is possible if certain conditions are met (Part 2, 102 and 103 of the RF Housing Code), since certain categories of the population cannot be evicted without subsequently moving to another home.

Features when concluding a document

To successfully complete the contract execution procedure, it is preferable to consider the main features of concluding a contract:

The conclusion of an agreement is mandatory when leasing all types of specialized housing;
When drawing up an agreement, the mandatory participation of two parties is required in the form of the official owner of the property and the tenant (individual);
The basis for concluding this type of contract is the assignment of the status of specialized real estate to the corresponding housing;
The emergence of an acute controversial issue regarding the termination of a contract or failure to comply with the conditions specified in it implies going to court with the subsequent filing of a statement of claim;
If there are conditions for the need to provide housing, it is not always necessary to conclude an agreement in accordance with the legal provisions of the law;
The tenant has every right only to live in specialized housing, since other operations are impossible to carry out (sale, privatization, exchange);
Possibility of moving in other persons not specified in the contract by the tenant with prior agreement with the owner of the property;

The unconditional conclusion of a rental agreement in writing, since the relationship between the two parties has no legal force if there is only one conditional agreement.

Agreements for the rental of specialized residential premises can be found HERE.

Privatization of specialized housing

Is it possible to privatize it? Federal Law No. 1541-1 provides for the possibility of privatization of social housing by citizens. Moreover, not only the employer, but also registered family members can participate in privatization.

Attention

To carry out privatization, you will need to contact the Housing Department at your place of residence and submit the necessary documents. Within 2-3 months, the documents will be reviewed and a privatization agreement will be concluded with the citizen.

On its basis, you can register ownership of housing. It is also necessary to mention the official housing that various departments provide to their employees.

It is assumed that the citizen lives in such housing until his dismissal. If a person wants to privatize service housing, he will need to first transfer it to the social fund.

Rental agreement for specialized residential premises

The authorized bodies check the applicant’s compliance with certain criteria and, if the decision is positive, put him in line for housing. When the decision to provide housing is made by federal authorities, the housing is provided from the state fund.

If the decision is made by the municipal authorities, then they allocate housing. For whom is this available? Who is provided with social housing? Citizens who are officially recognized as low-income and in need of improved housing conditions have the right to receive social housing.

Certain categories of citizens have the right to priority provision of housing under a social tenancy agreement.

What is included in such a fund?

Depending on the purpose, there are several types of specialized residential premises:

Service apartments, houses and rooms.
Flexible housing.
Dormitories.
Welfare Homes.
Housing for certain categories of citizens:

migrants;
refugees;
orphans;
and other citizens in need of social protection.

Provision of living quarters in rented houses

The rules provided for in Article 65, parts 3 and 4 of Article 67 and Article 69 of this Code apply to the use of specialized residential premises under lease agreements for such premises, with the exception of the use of service residential premises, for the use of which under lease agreements for such premises the rules provided for in parts apply 2 - 4 of Article 31, Article 65 and parts 3 and 4 of Article 67 of this Code, unless otherwise established by other federal laws. (as amended by Federal Law No. 182-FZ of June 28, 2014) (see text in the previous edition) 6. The lease agreement for specialized residential premises specifies the family members of the tenant. 7. The rental agreement for specialized residential premises is concluded in writing. 8. Standard rental agreements for specialized residential premises are approved by the Government of the Russian Federation. (edited)