What types of hiring, landlords and tenants are there?
Hiring can be commercial or social.
The procedure for hiring commercial and social housing is prescribed in Chapter. 35 Civil Code of the Russian Federation. Additional regulation of the procedure for concluding such contracts is defined in Section. III Housing Code of the Russian Federation. The first type of hiring is commercial. According to Art. 672 of the Civil Code of the Russian Federation, two parties are involved in it: one receives isolated housing, transferred for temporary possession and use for a fee for the purpose of living in it (this is the tenant of the residential premises), the other transfers it (this is the landlord).
Both organizations and individuals can rent out premises on a commercial basis. As for social rent, in this case the landlord is always a state or municipal structure. The property can be rented out either by its owner or a person authorized by him.
The owner is the legal owner who has a triad of powers to own, use and dispose of property. Ownership is confirmed by the presence of an entry in the Unified State Register of Real Estate. You can check whether the landlord is the owner by requesting an extract from the Unified State Register from the MFC or Rosreestr authorities. Authorized persons are landlords who do not have ownership rights to the property, but are authorized to rent out housing due to the existence of an agreement concluded with its owner (for example, trust management of property).
The second type of hiring is social. The main feature of the second type of agreements is social agreements. hiring - lies in the specifics of the lessor. Housing is not privately owned, but in the state or municipal housing stock, that is, it belongs to the state. General provisions on such transactions are prescribed in Art. 673 Civil Code of the Russian Federation. The tenant, as in the case of a commercial tenancy agreement, enters into a contract for the purpose of occupying a residential premises.
The peculiarity of the status of the tenant when renting housing under a social contract. hiring is that he must meet certain criteria in order to conclude a deal (be recognized as needy by registering accordingly). This is not typical for a commercial lease agreement.
In all cases, the renter can only be a citizen. This is due to the purpose of using the home - only for living. If the employer is an organization, a lease agreement is concluded with it, not a rental agreement.
Landlord and tenant - who are they?
Help from a lawyer on this issue
In civil legal relations, such concepts as landlord and tenant appear too often. However, as practice shows, not everyone understands their legal meaning. Let's figure it out.
The above terms in the legal sense usually refer to individuals or legal entities acting as parties to a lease agreement for premises and other real estate, as well as movable property. The first status can be assigned to the owners or their authorized persons by proxy. The second is any persons renting premises or other real estate.
What determines status?
The meaning of the term “landlord” is considered primarily from the point of view of an agreement on the provision of residential premises or other type of property for paid use to the second party of the legal relationship – the tenant.
This status presupposes the commission of legally significant actions by a competent person with a free expression of will. Terms of use, payment procedures, terms of receipt and return are determined by agreement or rental contract.
A party to such transactions can be either a private individual or a business entity, including corporate structures, as well as a municipality. The purpose of leasing can be accommodation, business activity, or personal use. Rental objects - apartments, industrial premises, vehicles, land plots, equipment, tools, etc.
Basic rights of the landlord:
— the ability to receive rent on time and in the amount approved by the contract;
— count on the safety of property, compliance with deadlines for the transfer and return of real estate;
— the opportunity to restore violated rights in court;
— demand the cessation of misuse of the transferred property.
The main responsibilities of the landlord are:
— provision of the rented object in proper condition, corresponding to the declared characteristics;
— Compliance with deadlines for transfer and acceptance;
— Preventive inspection of technical and sanitary equipment;
— Carrying out major repairs, timely replacement of structures, parts, forming elements;
— Timely notification of changes in the essential terms of the contract;
— Compliance with the clauses of the contract and legislation;
— Carrying out an inspection of the local area (if we are talking about real estate), caring for local plantings;
— Introducing significant changes to the agreement as agreed by the parties.
In this matter, a document of legal relations such as a lease agreement is of key importance. Any other rights and obligations of the parties that do not contradict the provisions of the law may be specified there. This allows you to avoid fraudulent activities and conflicts regarding the condition of the returned property.
As emphasized in Article 676 of the Civil Code of the Russian Federation, the landlord is obliged to transfer to the tenant a vacant residential premises in a condition suitable for habitation, to carry out proper operation of the residential building in which the rented residential premises is located, to provide or ensure the provision of necessary utilities to the tenant for a fee, and to ensure that repairs are carried out common property of an apartment building and devices for the provision of public services located in the residential premises.
Meanwhile, as legal practice shows, most often the term “landlord” is used exclusively in the context of housing law. A common form of legal relationship is a social tenancy agreement.
Obligations of the tenant under a commercial rental agreement for residential premises
The responsibilities of the employer are covered by Art. 678 of the Civil Code of the Russian Federation, however, other articles of Ch. 35 of the Civil Code of the Russian Federation contains references to the need for the employer to fulfill certain requirements.
Thus, the employer must:
- Use housing only for living (Article 678 of the Civil Code of the Russian Federation).
- Ensure the safety of premises (Article 678 of the Civil Code of the Russian Federation).
- Maintain the home in good condition (Article 678 of the Civil Code of the Russian Federation).
- Pay for the use of property on time (Article 678 of the Civil Code of the Russian Federation).
- Make utility bills unless the contract specifies that housing and communal services must be paid by the landlord (Article 678 of the Civil Code of the Russian Federation).
- Do not rebuild or reconstruct the home unless there is the consent of the landlord (Article 678).
- Do not move in other tenants for permanent residence if the tenant does not agree to this (Article 679 of the Civil Code of the Russian Federation). This obligation does not apply to minors.
- Notify the landlord about the move-in of temporary tenants (Article 680 of the Civil Code of the Russian Federation).
- Carry out routine housing repairs (Article 681 of the Civil Code of the Russian Federation), unless the contract states that the landlord is obliged to do this.
- Before concluding a sublease agreement, find out the lessor’s opinion on this matter (Article 685 of the Civil Code of the Russian Federation).
It should be noted that the contract may establish other obligations that do not contradict the norms of the Civil Code of the Russian Federation, in view of the principle of freedom of contract (Article 421 of the Civil Code of the Russian Federation).
Subscribe to our newsletter
Yandex.Zen VKontakte Telegram
Determination of the landlord of a residential premises
When signing a social tenancy agreement, there are two parties to the legal relationship: the employer and the landlord. Each of the parties to the agreement has a certain set of rights and obligations, which are fixed in the legal acts of the Russian Federation. Before moving on to covering the topic raised, it is necessary to understand who is considered the lessor of the premises suitable for habitation under the lease agreement.
So, the landlord is the owner of the property or a person authorized by the owner of the real estate who enters into a rental contract with the tenant.
As legal practice shows, the lessor in most cases during transactions does not act personally, but through an authorized person. Such a right is not a violation of the legislation of the Russian Federation, therefore it has a place to be. To do this, the property owner creates some kind of structure that is registered as a legal entity. But it is necessary to point out that this practice is observed only under an agreement on the commercial rental of living space.
As for the social rental contract, in such a situation the landlord is considered to be state or municipal bodies, or a person authorized to represent the government. This has a connection with the fact that social housing allocated to needy citizens is distributed from the housing stock managed by the state or municipality.
What types of hiring, landlords and tenants are there?
Hiring can be commercial or social. The procedure for hiring commercial and social housing is prescribed in Chapter. 35 Civil Code of the Russian Federation. Additional regulation of the procedure for concluding such contracts is defined in Section. III Housing Code of the Russian Federation.
The first type of hiring is commercial. According to Art. 672 of the Civil Code of the Russian Federation, two parties are involved in it: one receives isolated housing, transferred for temporary possession and use for a fee for the purpose of living in it (this is the tenant of the residential premises), the other transfers it (this is the landlord).
Both organizations and individuals can rent out premises on a commercial basis. As for social rent, in this case the landlord is always a state or municipal structure. The property can be rented out either by its owner or a person authorized by him.
The owner is the legal owner who has a triad of powers to own, use and dispose of property. Ownership is confirmed by the presence of an entry in the Unified State Register of Real Estate. You can check whether the landlord is the owner by requesting an extract from the Unified State Register from the MFC or Rosreestr authorities. Authorized persons are landlords who do not have ownership rights to the property, but are authorized to rent out housing due to the existence of an agreement concluded with its owner (for example, trust management of property).
The second type of hiring is social. The main feature of the second type of agreements is social agreements. hiring - lies in the specifics of the lessor. Housing is not privately owned, but in the state or municipal housing stock, that is, it belongs to the state. General provisions on such transactions are prescribed in Art. 673 Civil Code of the Russian Federation. The tenant, as in the case of a commercial tenancy agreement, enters into a contract for the purpose of occupying a residential premises.
The peculiarity of the status of the tenant when renting housing under a social contract. hiring is that he must meet certain criteria in order to conclude a deal (be recognized as needy by registering accordingly). This is not typical for a commercial lease agreement.
In all cases, the renter can only be a citizen. This is due to the purpose of using the home - only for living. If the employer is an organization, a lease agreement is concluded with it, not a rental agreement.
Rights of the lessor under a commercial lease agreement
The Civil Code of the Russian Federation also does not contain a separate rule devoted to the rights of the lessor under a residential lease agreement. In practice, they correspond to the responsibilities of the employer.
Accordingly, the lessor has the right:
- Require the tenant to use the property exclusively for living.
- Receive housing payments on time.
- Require the tenant to pay utility bills on time.
- Terminate the contract if the tenant does not use the apartment in accordance with the terms of the agreement.
- Get your home back after the contract expires.
Obligations of the lessor under a commercial lease agreement
The list of responsibilities of the lessor is set out in Art. 676 of the Civil Code of the Russian Federation, according to which he is obliged:
- Transfer housing in which no other persons live.
- Provide housing that is habitable and complies with all legal requirements and established regulations.
- Provide payment for utilities.
- Carry out major repairs unless the contract stipulates that this should be done by the tenant.
- Ensure proper operation of the building in which the apartment is located.
- Conclude a new contract if the tenant has a pre-emptive right to do so and the landlord has not changed his mind about renting out the housing.
Rights of the tenant under a social tenancy agreement
The list of rights of the employer is specified in Part 1 of Art. 67 Housing Code of the Russian Federation. In addition, it is necessary to keep in mind that by Decree of the Government of the Russian Federation dated May 21, 2005 No. 315, a standard social contract was approved. rental housing (hereinafter referred to as the Model Agreement), which develops the provisions of Art. 67 Civil Code of the Russian Federation.
As a result, the employer has the right:
- Move into the housing of others.
- Sublease residential premises.
- Allow temporary residents to live in the apartment.
- Change housing in cases provided for by law.
- Require major repairs from the landlord, as well as his participation in the maintenance of common property in an apartment building and the provision of utilities.
- Use the common property of an apartment building.
- Maintain the right to housing if he and his family members are temporarily absent, i.e. do not live in it.
- Demand to change the terms of the contract in cases provided for by law.
Former landlord
This is the situation. The landlord rented the apartment to a woman tenant. It was agreed that she would live with her two children, both minor girls. Children may not be included in the contract, since they can legally live there with the tenant without the consent of the landlord. Also in the contract, due to the negligence of the landlord, the contract clause “the tenant has the right to accommodate up to 4 relatives” was included. An advance payment was made for the Rent in advance for 11 months. According to the contract, the CU is paid by the Tenant. The employer did not pay the tax bill for 9 months and did not communicate. Debt has accumulated. The tenant was sent registered letters about termination of the contract in case of failure to repay her part of the debt to the CU (at the time of renting out the apartment there was already a debt) by a certain date. The date is determined by the deadline upon departure at which the remaining prepayment for rent would cover her debt on receipts (minus a penalty for the debt she already had before). The employer ignored it. And since the landlord is not able to come in person, he came by proxy to check the apartment and find another person in the tenant’s place. On the spot, it turned out that the employer did not live in the apartment from the very beginning, leaving two minor children there, girls of 14-15 years old, and very rarely called them. They don’t know where mom works or lives. But the father of one of the girls was found living in the apartment (he is the stepfather of the second). This situation added to the unreliability of the tenant and the landlord firmly demanded that everyone move out, giving a period (as in a registered letter) of a month. A month has passed, the employer has contacted her and refuses to “move out”. And she began to present the man living with the girls as a husband (apparently they were not divorced) and supposedly living as a family (when the local police officer was called, it was a theater). The police didn’t help - it’s not their area. Throw up your hands - negotiate or sue. There is a video where children say that their mother does not live with them and TP. There are correspondences with the employer confirming all this, that she does not have housing herself and is making a living somewhere and cannot live with her ex-husband and daughters, otherwise he will leave his second daughter, he has already done this”). Question: what is the best and fastest way to evict these strange people? What is needed for the trial, how long does it last (the debt will continue to accumulate). Maybe it’s worth contacting guardianship (does video recording and correspondence matter to them)? The tenant simply transferred the rent payment upon check-in (within a month) from someone else’s card to the landlord (without receipts). And what is more important for the court is Article 677 and 679 (that any person can live together only with the consent of the landlord) or this standard clause of the contract “the tenant has the right to accommodate up to 4 relatives for accommodation.”
Obligations of the employer under a social tenancy agreement
Responsibilities of the employer under the social contract hiring are reflected in Part 3 of Art. 67 LC RF, as well as in section. II Model Agreement.
The employer is obliged:
- Use the housing exclusively for its intended purpose.
- Ensure the safety of housing.
- Maintain proper condition of the home.
- Carry out routine repairs.
- Pay rent and utilities on time.
- Notify the other party to the contract if the terms of the transaction and the grounds for using the housing have changed.
- Accept housing according to the acceptance certificate within 10 days after signing the agreement.
- Move to another premises provided by the landlord for the duration of major repairs and reconstruction of housing.
- After termination of the contract, vacate the premises, handing it over under the acceptance certificate.
- Allow landlord representatives to control the intended use of housing.
Rights of the landlord under a social tenancy agreement
The rights and obligations of the lessor are enshrined in Art. 65 Housing Code of the Russian Federation, as well as paragraphs. 5 and 8 of the Model Agreement.
The lessor has the right:
- Require payment for housing and utilities.
- Require a representative to be allowed into the home to inspect the condition of the premises, carry out repairs, and eliminate accidents.
- Prohibit the move-in of other persons (other than the tenant) into the housing if, after move-in, the standard area per family member becomes less than the accounting standard.
Responsibilities of a housing landlord under a social tenancy agreement
Any rights imply the allocation of a certain list of responsibilities that fall on the shoulders of the parties to legal relations. According to modern legislation of the Russian Federation, the landlord undertakes to comply with legal norms in a timely manner, as well as the agreement on social renting of housing.
The main responsibilities of the landlord include the following functions:
- The landlord must carry out the procedure for allocating residential premises to the tenant, which will be completely free from encumbrances and claims of other individuals. The owner of the property transfers the property for the purpose of perpetual paid (gratuitous) use.
- The landlord is obliged to provide direct assistance in the maintenance of common property in apartment buildings, where, under a social tenancy agreement, living space is allocated to a person in need.
- The homeowner must be involved in the major repairs of the building.
- The owner of social real estate undertakes to provide tenants with a full range of public services of acceptable quality.
- The landlord provides the tenant with a room or apartment of a smaller area, if he receives a written application for this, within 3 months from the date of receipt of the notification (Article 81 of the Housing Code of the Russian Federation).
- The responsibilities of the landlord of residential premises, which arise under a social tenancy agreement, are that if the residential building is deemed unsuitable for habitation, the owner must provide new living space, taking into account the criteria established by the legislator (Article 87 of the Housing Code of the Russian Federation).
- It is also the responsibility of the landlord to provide living space to the tenant and his entire family for a temporary period when major repairs are being carried out in the house (Article 88 of the Housing Code of the Russian Federation).
The rights and obligations of the landlord are one of the most pressing issues in legal practice. This is due to the fact that failure to comply with the mandatory terms of the agreement entails the responsibility of the landlord of the residential premises, taking into account the principles prescribed in Art. 66 Housing Code of the Russian Federation.
