Ksenia Cherkasova, head of the appraisal department, answers:
Without reading the contract, it is difficult to answer unequivocally whether the landlady is right or wrong. The agreement, although it is just a piece of paper, is drawn up accordingly and signed on both sides, that is, by the tenant and the owner of the apartment, and has the legal force of a full-fledged official document. At its core, renting an apartment is a transaction in which each participant expresses his will and intention: the owner voluntarily and under certain conditions transfers the right to use his apartment, and the tenant accepts this right.
According to the Civil Code of the Russian Federation, transactions between individuals in an amount exceeding 10 thousand rubles must be made in simple written form, which means concluding an agreement. The essential and mandatory conditions of any contract, without which it will not be considered valid, include the subject of the contract (in this case, the rental of an apartment) and the price of the contract (the amount of the monthly payment). If the contract specifies conditions that allow the owner to unilaterally increase the amount of monthly rental payments, then, alas, you will either have to pay or look for new housing.
Apartment rental agreement
Instructions: how to register a rental agreement
In the case where a fixed monthly payment amount is indicated for the entire rental period, the landlady does not have the legal right to increase it at her own request. She can increase the payment only after you sign an additional agreement to the lease agreement, which will specify the new price and terms of its payment.
In your case, we can recommend that you carefully read the contract, and if it does not contain a condition for increasing rental payments, indicate this point to the landlady and try to come to an agreement with her. It is likely that she will properly evaluate the “piece of paper” she signed as a legally significant document and will not violate the terms of the deal. Otherwise, you can go to court to protect your violated rights, but this is a long and completely unprofitable way to solve the problem. It’s easier to find a new apartment, fortunately there are no problems with this now.
Subsidies
Providing subsidies for payment of payments for renting municipal housing
If we consider the legislation on subsidies, we can draw the following conclusions. They only apply to utilities and repairs. But low-income citizens, as stated above, may generally be exempt from hiring fees.
To receive subsidies, citizens must meet certain criteria, although they may not be classified as low-income or socially vulnerable citizens.
The main requirement for calculating subsidies is the total level of income of a family, or a specific person, and more than 15-20% of total income should be spent on paying for them.
In an example it will look like this. The total family income is 30 thousand rubles, and 15 thousand rubles are spent on public services (this is 50%). This means that the family is entitled to subsidies, and they can be applied for.
The only thing you need to pay attention to is that the calculation base for subsidies will not include the monthly cost of renting municipal or state-owned housing.
It is important to remember that subsidies are not given to those citizens who have utility debts. As we have already decided, payment for the use of housing is not included in them, so debt on it will not be grounds for refusal of subsidies.
Payment for the use of social housing consists of three main parts and is established by state and municipal authorities. Failure to pay on time may result in financial sanctions in the form of penalties being imposed on citizens.
You can also learn about the calculation of payment for renting municipal housing by watching the video:
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Discussion: 6 comments
- Elena says:
09.10.2017 at 13:39We would be happy to live in an apartment of this type and would also consider a service option. After all, this is a complete benefit, you don’t need to think about a mortgage, etc. It's a shame you rarely see something like this these days.
Answer
- Alexander Brovkov says:
10/18/2017 at 05:17
Being a military man, I change my place of residence almost every two years. My family travels with me. Due to my special status, almost everywhere I am provided with housing under a social tenancy agreement. A very convenient way to rent residential premises at prices below market prices, since housing is usually owned by local governments! But your own home, whatever one may say, is better!
Answer
- Maria says:
11/16/2017 at 2:24 pm
Now more than 50% of our families can be called socially vulnerable. With such salaries and unemployment in the country. I used to think that if the apartment is a company one, then it is paid for by the organization to which it belongs. But everything turns out to be much more complicated. Also, the payment amount is not fixed due to one component - payment for utilities. Still, it is more profitable to live in your own apartment than to rent municipal housing.
Answer
- Olga says:
11/28/2017 at 12:43 pm
Although the amount of the fee is not fixed, you will still pay much less than most citizens who rent apartments on their own. In addition, in my opinion, there is a right to purchase municipal housing.
Answer
- T.S. Pereturina says:
04/23/2018 at 17:30
We have rented municipal housing under a contract and, in principle, there have been no problems with this so far. We make payments using payments that come from the management company and from the power grid. Plus payment for the phone.
Answer
- Bril Mark Yurievich says:
06/14/2018 at 11:30
We had no problems renting municipal housing. In the “dashing” nineties, we privatized housing. But then it was “deprivatized”, since it was very expensive to pay and housing and communal services were “exorbitant”!
Answer
The director of the legal service “Unified Center for Protection” (edin.center) Konstantin Bobrov answers:
As follows from paragraph 2 of Art. 682 of the Civil Code of the Russian Federation, it is impossible to change the rent for housing without the consent of the tenant, unless there are exceptions provided for in the contract or in the law. Therefore, the tenant can be recommended to send a claim to the owner demanding clarification on the basis of what provision of law or clause in the contract she increased the rental price.
If the answer is not received or if the reason is not clearly stated in the answer, then you can warn her of your intention to file a claim in court to declare the unilateral price change illegal and to seek compensation for moral damages. She can also be additionally warned of her intention to contact the tax authorities with a request to verify her fulfillment of her obligations to pay personal income tax (NDFL). If she didn’t pay it, then this may motivate her to start acting within the law. If the owner refuses to leave the payment the same, you can go to court. It is also worth adding that if the contract still contains a clause on the landlord’s right to increase the rental price, then it will be much more difficult to defend his position.
Decoding the abbreviations in the housing and communal services receipt for heating. KPU, IPU - what is it?
Water, electricity, gas - all this is necessary for people to live comfortably in houses and apartments. Payment for these resources is mandatory, but many people do not understand the abbreviations found on utility bills.
In the context of a constant increase in tariffs, the number of questions arising in this regard is becoming more and more, and errors in calculations are becoming more common, so every payer should know the definitions of the main abbreviations, which will be given in this article.
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CPU
The receipt that you received may contain a phrase such as “water drainage system KPU” or, if you pay for water supply, “HVS KPU” / “DHW KPU”.
- In the first case, it means draining all wastewater. In this case, the total amount of hot and cold water spent for general household needs goes into the sewer system is taken into account. Payment is made not only for the sewer system itself, but also for the drainage, disposal, transportation and further purification of consumed water.
- In the second case, water supply means the direct supply of water to the apartment.
This service includes:
- continuous heating of hot water;
- disinfection by cold, after which it becomes suitable for drinking.
IPU (individual metering devices)
These technical means are designed to calculate the resources consumed in a single apartment, i.e. the tenant himself can regulate expenses and fees for them.
There are two methods of accounting for expenses:
- collective;
- individual (using IPU).
- In the first case, a common meter is installed for the entire house, and its readings are divided in equal shares between the number of residents registered in this house. In this situation, people must pay their share regardless of whether they are at home or not during this period.
- In the second case, meters are installed in each apartment and people pay only for what they actually used for a certain period. This method is considered the most effective and fair for calculating consumed resources (how to calculate the cost of heating per 1 sq. m in 2019?).
Utilities of one building are resources that are used in the process of maintaining and operating common property in an apartment building.
What are the ODN services for which residents will be charged? Here's a short list:
- water, gas, heat supply to non-residential premises owned by an apartment building;
- cleaning these premises;
- improvement of adjacent territories;
- ensuring the operation of the elevator, intercom, video surveillance system, installation of a common antenna;
- heating and lighting of common property (how are heating fees determined in Russia?).
In addition, Article 36 of the Housing Code of the Russian Federation establishes a list of common property in apartment buildings. It includes:
- elevators and elevator shafts;
- corridors;
- attics and basements;
- roofs;
- stairs and landings;
- premises designed to satisfy social and other needs (shops, sections, etc.);
- equipment belonging to the home.
GCAL
This abbreviation stands for a unit of measurement of consumed resources - gigacalorie.
Here are the values from which Gcal is derived : 1 gigaCal (Gcal) = 1000 Mcal = 1000000 kcal = 1000000000 Cal.
Now, when you see this abbreviation on your utility bill, you can easily understand that this is the amount of resources that you have used and that you should pay for a certain period of time.
ODPU / DPU
This abbreviation hides communal and household metering devices. Despite the fact that there are many different meters, such as IPU or KPU, general house metering devices are necessary in apartment buildings.
The thing is that in the absence of ODPU, each apartment will have to install at least 4 different types of meters (for electricity, heat, water and gas) or residents will have to overpay.
The installation of such a meter is mandatory for all apartment buildings in accordance with Federal Law No. 261, which was issued back in 2009. However, despite the fact that the law mandated that installations be completed by 2012, many homes have still not done so.
What is thermal energy in the housing and communal services bill?
This term refers to the cost of heating cold water. It was already mentioned above that the calculation of hot water supply consists of two parts, one of which includes such a value as “thermal energy”.
The amount to pay for this service is calculated taking into account the following components:
- thermal energy tariff;
- expenses required to maintain a centralized hot water supply system;
- cost of thermal energy loss in pipelines;
- costs necessary to transport hot water.
The amount of thermal energy is determined based on general house values.
Now, after reading this article, you don’t have to worry about utility bills, because you know how the standard abbreviations stand: KPU, IPU, ODN, Gcal, ODPU, DPU.
, please select a piece of text and press Ctrl+Enter.
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Source: https://pravovoi.center/zpp/nekachestvennyj-uslugi-zhkh/pravila-teplosnabzheniya/plata-za-otoplenie/abbreviatury-v-kvitancii.html
The head of the Anti-Chaos Agency project, Ksenia Mokhort, answers:
It doesn’t matter at all who prepared the apartment rental agreement for you. It is important what conditions it contains and whether it is signed by you and the owner of the apartment. Review your contract carefully. Find the clauses of the contract that contain the conditions regarding the amount of rent for the premises and its changes. If your agreement provides for the possibility of the apartment owner increasing the payment, then check:
- the period within which the owner must notify you about this;
- how should the owner notify you of a fee increase;
- how the fee increase should be formalized;
- the amount by which the fee can be raised (a specific amount or percentage may be specified).
If the owner of the apartment acts in accordance with the terms of the agreement you signed, then his actions are legal. If your agreement does not provide for the possibility of the apartment owner increasing the payment, then he can do this only by agreement with you. Unilateral changes in rent for residential premises are not allowed under Art. 682 of the Civil Code of the Russian Federation.
What should you check in an apartment before renting?
I moved out of my rented apartment, but the owner continues to demand payment. Who is right?
Procedure and rules for the privatization of housing under a social tenancy agreement in 2020-2020
Orphans and children without parental care have greater opportunities. The fact is that, according to social norms, the state undertakes to provide a child left without parental care with living space. This is done according to the following rules:
Conditions for obtaining home ownership
- failures, if any;
- power of attorney from absent persons, executed by a notary;
- confirmation of guardianship rights if the family includes incapacitated citizens.
Hint: it is recommended to first inquire about the exact name of the recipient government agency. They may vary depending on decisions of local authorities.
We recommend reading: Ritual Benefits for Veterans of Labor
Construction and technical expertise is carried out as follows. Experts go to the site of the examination and first of all determine the wear of building structures and the deformation of the facade. Next, compliance with GOSTs and SNiPs is considered. The building must also meet sanitary and fire safety regulations. After this, experts make calculations based on special calculation methods used in forensics, mathematics and natural sciences. They then issue a corresponding document.
The Housing Code also provides for payment deadlines: according to Article 155, funds must be paid before the 10th day of each month following the billing month. But a social tenancy agreement may make changes to the payment procedure and contain a different payment schedule.
RECOGNITION OF SOCIAL HOUSING AS UNEMPLOYABLE
The basis for declaring housing unfit for habitation is a statement from the owner or tenant. After the applicant’s application, the relevant authorities determine a list of documents for making a decision, including the above-mentioned documented examination and an inspection report of the premises, if necessary. Then work is done to assess the premises and the necessary documentation is drawn up. Next, the executive authority or local government makes a decision, documents it and transfers it to the applicant and the owner of the residential premises.
_____________________________ , hereinafter referred to as the Lessor , on the one hand, and ________________________________ , hereinafter referred to as the Tenant , on the other hand, have entered into this agreement as follows:
Real story
A few months ago, a young couple came to the office of our Bureau and found themselves in a rather unpleasant situation. The young people decided to start a life together, opening new doors for themselves. Of course, one of the first questions that arises after making a decision about cohabitation was the following: “Where to?”
It was decided to independently search for an apartment, using standard websites for renting residential real estate. Long and persistent weeks passed, aimed at finding suitable housing. And now, a month later, “the reward has found its hero,” in our case, heroes...
And this is where the fun begins. Young people come, inspect a potential home, and next to them a happy owner dances, dreaming of getting rich. Everyone is happy. An equally important moment comes - signing a residential lease agreement. The characters get acquainted with the text of the document and study its provisions with a thoughtful look.
Apartment rental agreement
- Address: ______________________________________________________________
- Apartment area:____ sq. m,
- Number of rooms: ____
- The condition of the specified premises at the time of transfer to the Tenant: not requiring repairs and suitable for use according to paragraphs. 1.4. actual agreement.
Author of the document
4.1. The liability of the parties is determined in accordance with the current legislation of the Russian Federation. The parties undertake to compensate for any losses associated with the fulfillment of obligations under this agreement, with the exception of force majeure circumstances.
For example, a resident of the city of Kamyshin appealed to the administration with a request to provide him with living quarters. As a basis, he indicated that he lives in the same room with his mother, who had been deprived of parental rights in relation to him. It turned out that according to the law they were strangers to each other and could not live together. In addition, each of them had only 6 m², although the minimum norm in this region is 10 m².
What it is?
What is social rented housing? The concept of social rental of residential premises. Social rent is a written agreement between a representative of the state housing stock and a citizen of the Russian Federation, as a result of which the citizen receives residential premises for rent for use under special conditions determined by the contract.
There is a form of a standard social contract. rental of residential premises, which reflects all legal aspects of the relationship between the Landlord (state or municipal housing stock) and the Tenant (citizen of the Russian Federation). The content of such a document is strictly regulated by Decree of the Government of the Russian Federation No. 315 of May 21, 2005.
The social tenancy agreement is of unlimited duration.
What laws (codes, acts, etc.) is regulated?
Contractual relations between the property owner and the Tenant are governed by the following legal documents:
- Housing Code of the Russian Federation (Chapter 8, Section III).
- Civil Code of the Russian Federation (separate norms of Chapter 35).
- Decree of the Government of the Russian Federation dated May 21, 2005 N 315 “On approval of the Standard Social Rental Agreement for Residential Premises.”
- Letter of the State Construction Committee of the Russian Federation dated August 22, 2000 N LCh-3669/13 “On sanctions applied to tenants of residential premises in connection with failure to pay fees for housing and communal services.”
Each subject of the Russian Federation has its own legislative features regarding social hiring, for example, for the capital region, these are:
- Law of the city of Moscow dated June 14, 2006 No. 29 “On ensuring the right of residents of the city of Moscow to residential premises.”
- Law of Moscow dated May 31, 2006 No. 21 “On ensuring the housing rights of citizens when relocating and vacating residential premises (residential buildings) in the city of Moscow.”
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