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These are the most important categories, the disclosure of which helps prevent the onset of liability under a social tenancy agreement.
Social housing rental is one of the programs that allows government authorities to provide the needy segments of the population with comfortable living conditions. This area of activity is regulated by the Housing Code of the Russian Federation. According to the legal acts operating on the territory of the Russian state, this right is granted only to a limited category of citizens. The rights of citizens also result in a certain set of obligations that must be observed by the parties to the social tenancy agreement, including the tenant.
Definition of a residential tenant
If we turn to the Financial Dictionary for an interpretation of the concept of “employer,” we can derive the following definition. A tenant of residential premises under a social tenancy agreement is a citizen who has reached the legal age (18 years) who rents residential premises independently or together with members of his family for the purpose of permanent residence for a specific fee, if such a condition is specified in the contract.
Under a social tenancy agreement, the tenant can only be an individual in respect of whom the government agencies of the Russian Federation have decided to allocate living space suitable for living.
It should be noted that such a decision is of an administrative and legal nature. This means that, as such, the assignment of rights cannot be made under a social tenancy agreement for the receipt of living space.
However, if we turn to Art. 82 of the Housing Code of the Russian Federation, this provision states that after an agreement is concluded between the parties, the original tenant is replaced by another capable person in cases provided for by law (for example, the death of the tenant).
Rights of a tenant of residential premises under a social tenancy agreement in accordance with the Housing Code of the Russian Federation
The rights and obligations of a residential tenant are the most important categories, the disclosure of which helps prevent liability under a social tenancy agreement.
A complete list of fundamental rights that a tenant of a residential premises has under a social tenancy agreement is presented in Art. 67 Housing Code of the Russian Federation. It includes the following standards:
- The tenant has the full right to move in (evict) other persons into the residential area he occupies under a social contract.
- The subject of legal relations may enter into a sublease agreement with third parties. This does not require consent from the landlord, but the tenant must write a written statement to the authorized body, which will notify the government about the completion of additional transactions with social housing.
- The tenant of a residential premises under a social tenancy agreement has the right to accommodate temporary residents in the living space he occupies.
- An individual entitled to use social property can contact the authorized government body by writing an application for exchange or replacement of the allocated apartment.
- The tenant has the right to demand from the owner of the property - the lessor - to provide utilities in optimal quality, to take direct part in major repairs and the process of maintaining common property in apartment buildings.
- Social housing and other rights are available to tenants, which are recorded in the current Russian regulatory legal acts. In particular, we are talking about further privatization of living space.
Privatization of housing under a social tenancy agreement is one of the key rights of a Russian citizen, which allows one to acquire public housing into private ownership. This issue is regulated by the Federal Law “On Privatization” No. 178. In order for this right to be implemented, the tenant of the residential premises under the contract must submit an application to the Housing Inspectorate at the place of his residence, submit an exhaustive list of documents, and after making a decision, register his ownership right to this or that property.
The point of view of the Supreme Court of the Russian Federation on the issues of long-term absence of employers
In connection with the possibility of privatization of residential premises by all persons registered in it at the place of residence, very often both the tenant of the residential premises under a social tenancy agreement and members of his family (in the event of a long-term absence of the tenant) on the basis of Part 3 of Art.
83 of the RF Housing Code apply to courts of general jurisdiction with similar statements of claim. This is done primarily in order to exclude for long-term absent citizens the possibility of their participation in privatization and, accordingly, other applicants for housing to increase their “future” shares in the ownership of residential premises.
In this regard, in the Review of Legislation and Judicial Practice of the RF Armed Forces for the second quarter of 2007, approved by the Resolution of the Presidium of the RF Armed Forces dated 08/01/2007, when answering question No. 4, it was indicated that in relation to a person (employer or former family member tenant) who has left the residential premises for another place of residence, the person remaining to live in the residential premises may file a demand in court “for recognition as having lost the right to residential premises in connection with leaving for another place of residence”, in this case the loss of the person who left the residential premises a person's right to this residential premises is recognized through establishing the facts of this person's departure from the residential premises to another place of residence and thereby termination of the social tenancy agreement.
The Supreme Court of the Russian Federation also clarified that if the plaintiff filed a demand for termination of a social tenancy agreement with the defendant in connection with his departure to another place of residence, then such wording of the demand in itself is not a reason to refuse the claim with reference to the fact that the social contract the lease is terminated according to Art. 83 of the Housing Code of the Russian Federation simultaneously with all its participants and only at the request of the landlord. The basis of the claim in this case is the departure of the person from the residential premises to another place of residence and the unilateral refusal in connection with this to fulfill the social tenancy agreement.
A little later, in paragraph 32 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation” it was stated that “in the temporary absence of the tenant of the residential premises and (or) its members families, including former family members, they retain all rights and obligations under the social rental agreement for residential premises (Article 71 of the Housing Code of the Russian Federation). If the absence of these persons from the residential premises is not temporary, then interested parties (landlord, tenant, members of the tenant’s family) have the right to demand in court that they have lost the right to residential premises on the basis of Part 3 of Art. 83 of the Housing Code of the Russian Federation in connection with leaving for another place of residence and thereby terminating the social tenancy agreement.”
The Supreme Court of the Russian Federation indicated issues that are subject to clarification by the courts when resolving disputes regarding the recognition of a tenant, a family member of the tenant or a former family member of the tenant of a residential premises as having lost the right to use residential premises under a social tenancy agreement due to their constant absence from the residential premises due to leaving it: for what reason and for how long the defendant is absent from the premises; whether his departure from the residential premises is forced (conflictual relationships in the family, divorce) or voluntary - temporary (work, training, treatment, etc.) or permanent (took out his things, moved to another locality, joined a new one) marriage and lives with a new family in another residential area, etc.); whether there were any obstacles to his use of the residential premises by other persons living in it; whether the defendant acquired the right to use another residential premises in a new place of residence; whether he fulfills his obligations under the contract to pay for housing and utilities, etc.
The absence of a citizen who voluntarily left a residential premises for another place of residence, in the new place of residence, the right to use residential premises under a social tenancy agreement or the right of ownership of residential premises cannot in itself be a basis for recognizing the absence of this citizen in the disputed residential premises as temporary , since according to Part 2 of Art. 1 of the Housing Code of the Russian Federation, citizens, at their own discretion and in their own interests, exercise their housing rights. A citizen’s intention to refuse to use residential premises under a social tenancy agreement can be confirmed by various evidence, including certain actions, which together indicate such an expression of will of the citizen as a party to the residential tenancy agreement.
Responsibilities of a residential tenant under a social tenancy agreement in accordance with the Housing Code of the Russian Federation
The key responsibilities of the tenant who wrote the application for the provision of social housing are recorded in paragraph 3 of Art. 67 Housing Code of the Russian Federation. According to the current version of the Code, a citizen has the following list of obligations:
- The use of living space must be in full accordance with its intended purpose (if this clause is violated, the landlord may organize the eviction of the tenants).
- The living space must be maintained in optimal condition for living, that is, the tenant must guarantee the safety of state or municipal property.
- If the need arises, the tenant undertakes to carry out routine repairs on the property.
- If the social tenancy agreement provides for the monthly payment of a certain amount of payment for living space, then the tenant must comply with this principle within a strictly allotted period of time.
- Payment for the provided utility services is also borne by the individual who wrote an application to government agencies to improve housing conditions, in accordance with standards or readings of house meters.
- In cases where there is a change in the basic terms of the social tenancy agreement, the employer must notify the landlord about this. At the same time, a new application is not sent to government agencies.
If any of the above grounds are violated, then the responsibility of the tenant of the residential premises arises, which is provided for in Art. 68 Housing Code of the Russian Federation. The fundamental determinant of the employer's liability is the guilty, unlawful behavior of the subject of legal relations (the employer).
One of the consequences of violation or failure to fulfill obligations on the part of the tenant is the eviction of the subject from the allocated living space. However, it should be clarified here that eviction can only be carried out if the landlord sends an application (claim) to the court.
In order for the court to satisfy the claim and evict a person, the legal order must be observed. In particular, the grounds with which the lessor appeals must be taken into account, providing them as arguments and evidence. The court can only take into account the following cases:
- eviction of a tenant from social housing and termination of the contract is possible in the absence of financial payments for the rental of property and utilities provided by the landlord for six months;
- the contract is terminated unilaterally and the tenant is evicted if destruction or damage to the property is recorded;
- the right to evict a citizen is also satisfied if his residence on the premises infringes on the rights and interests of other persons (neighbors);
- Eviction is possible by court decision in case of improper use of living space.
These grounds are regulated both by the Housing Code of the Russian Federation (Article 83), and by the Civil Code, the Criminal Code, the Code of Administrative Offenses and other regulations. If there are no grounds to evict a citizen from a residential building, then the claim is rejected.
Commentary on Article 67 of the RF Housing Code
1. The commented article provides for the basic rights and obligations of the tenant of residential premises provided under a social tenancy agreement. The tenant has the rights and bears the obligations established in this article, regardless of whether they are provided for in the social tenancy agreement.
It is necessary to pay attention to the fact that those specified in Part 1 of Art. 67 of the Code of Law, the tenant does not exercise it arbitrarily, but in the manner established by the Code, other acts of housing legislation, as well as the social tenancy agreement concluded with him. When exercising his rights, the tenant does not have the right to go beyond the requirements established in the imperative norms of housing legislation.
2. Despite the fact that established in Part 1 of Art. 67 of the Code, the list of rights of a tenant of residential premises under a social tenancy agreement is formulated as exhaustive, but in reality it is not. Part 2 of this article also indicates other rights of the employer provided for by federal laws and the social tenancy agreement.
For example, the Standard Social Tenancy Agreement for residential premises, approved by Decree of the Government of the Russian Federation of May 21, 2005 N 315, in addition to the rights of the tenant specified in Part 1 of Art. 67 of the Code also provides for his rights:
use common property in an apartment building;
preserve the rights to residential premises in the temporary absence of him and his family members;
demand, with the written consent of family members living together with the employer, in cases established by the legislation of the Russian Federation, changes to the social tenancy agreement;
terminate the social tenancy agreement at any time with the written consent of family members living with the tenant;
exercise other rights to use residential premises provided for by the Code and other federal laws.
3. The fulfillment by the tenant of a residential premises of the duties listed in Part 3 of this article is intended to ensure the possibility of using the premises occupied by him in accordance with the functional purpose of this premises and to prevent infringement of the interests of third parties, especially neighbors.
The purpose of the residential premises and the limits of its use are determined according to the rules of Art. 17 of the Code (see the specified article and commentary to it).
In accordance with the Standard Social Tenancy Agreement for residential premises, approved by Decree of the Government of the Russian Federation of May 21, 2005 N 315, the current repairs of occupied residential premises, carried out by the tenant at his own expense, include the following work: whitewashing, painting and pasting of walls, ceilings, painting floors, doors, window sills, window frames on the inside, radiators, as well as replacement of window and door fixtures, repair of internal engineering equipment (electrical wiring, cold and hot water supply, heat supply, gas supply).
If the performance of the specified work is caused by a malfunction of individual structural elements of the common property in an apartment building or equipment in it, or is associated with major repairs of the house, then they are carried out at the expense of the lessor by an organization proposed by him.
Payment for residential premises and utilities is paid monthly before the tenth day of the month following the expiration of the month, unless a different period is established by the management agreement for the apartment building (see Part 1 of Article 155 of the Code).
4. The list of responsibilities of the tenant of residential premises provided under a social tenancy agreement in Art. 67 of the Code is formulated as “open”: other rights and obligations of the employer are determined in accordance with the Code, other laws and the social tenancy agreement.
For example, in accordance with Art. 17 of the Code, by Decree of the Government of the Russian Federation of January 21, 2006 N 25, mandatory Rules for the use of residential premises were approved <1>. ——————————— <1> NW RF. 2006. N 5. Art. 546.
In accordance with clause 10 of these Rules, as a user of residential premises, the tenant is obliged to:
use the residential premises for their intended purpose and within the limits established by the Code;
use the residential premises taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises;
ensure the safety of the residential premises, prevent the performance of work in the residential premises or the commission of other actions leading to its damage;
maintain the proper condition of the residential premises, as well as common areas in an apartment building (apartment), maintain cleanliness and order in the residential premises, entrances, elevator cabins, staircases, and other common areas, ensure the safety of sanitary and other equipment, and also comply with the requirements of clause 6 of the Rules, which establishes that the use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary, hygienic, environmental and other legal requirements, as well as in accordance with the specified Rules;
immediately take possible measures to eliminate detected defects in the residential premises or sanitary and other equipment located in it, and, if necessary, report them to the landlord or the relevant management organization;
carry out routine repairs of residential premises;
pay rent and utilities on time. The obligation to pay for residential premises and utilities arises from the moment of concluding a social tenancy agreement for residential premises in accordance with the law;
inform the landlord, within the time frame established by the social tenancy agreement, about changes in the grounds and conditions affecting the use of the residential premises;
allow, at a pre-agreed time, into the residential premises employees of the landlord or persons authorized by him, representatives of state control and supervision bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, as well as to carry out the necessary repair work;
not to carry out reconstruction and (or) redevelopment of residential premises in violation of the established procedure;
upon termination of the right to use residential premises, hand over to the lessor in good condition the residential premises, sanitary-technical and other equipment located in it, pay the cost of repairs of the residential premises, sanitary-technical and other equipment located in it that were not carried out by the tenant, or carry out repairs at your own expense, as well as pay off debts for payment of housing and utilities.
In addition, in accordance with the Standard Social Tenancy Agreement for residential premises, approved by Decree of the Government of the Russian Federation of May 21, 2005 N 315, the tenant, in particular, is obliged to:
accept from the landlord, according to the act, within a period not exceeding 10 days from the date of signing the social tenancy agreement, a residential premises suitable for living in which current repairs have been carried out, with the exception of cases when the residential premises are provided in a newly commissioned housing stock (the act must contain only the date of drawing up the act, details and parties to the social tenancy agreement under which the residential premises are transferred, information about the serviceability of the residential premises, as well as sanitary and other equipment located in it at the time of signing the act, the date of current repairs, information about the suitability of the residential premises premises for living, signatures of the parties who drew up the act);
comply with the rules for using residential premises;
not to carry out reconstruction and (or) redevelopment of residential premises without obtaining the appropriate approval provided for by the housing legislation of the Russian Federation;
to move with members of his family in the manner established by the Code, during major repairs or reconstruction of the house in which he lives (when repairs or reconstruction cannot be carried out without eviction of the tenant), into residential premises provided by the landlord that meet sanitary and technical requirements;
upon termination of the contract, vacate the residential premises, sanitary-technical and other equipment located in it in good condition in accordance with the act and hand over to the lessor in good condition, pay the cost of repairs of the residential premises, sanitary-technical and other equipment not carried out by the tenant and included in his responsibilities, located in it, or make it at your own expense, as well as pay off debts for payment for living quarters and utilities;
to allow, at a time previously agreed upon by the parties to the agreement, into the occupied residential premises the employees of the landlord or persons authorized by him, representatives of state supervision and control bodies to inspect the technical and sanitary condition of the residential premises, sanitary and other equipment located in it, to carry out the necessary repair work, in case of termination of the contract, and to eliminate accidents - at any time.
Rights and obligations provided for in a social tenancy agreement
The rights and obligations of employers presented above are not exhaustive. The principles of residence for individuals recognized as needy after the application was considered by the authorized bodies are also contained in other legal acts and documents that have legal force.
In particular, the rights and obligations of all parties to legal relations are also provided for in the social tenancy agreement for residential premises. But they only complement the norms prescribed in the Housing Code of the Russian Federation, describing these legal categories in more detail.
A social tenancy agreement, in addition to the right to housing provided under a social tenancy agreement, also assigns to the tenant the right to use common property if the allocated living space is located in a multi-apartment building. In addition, an agreement between the parties to legal relations on social rent secures the rights not only of the tenant personally, but also of all representatives of his family, as well as third parties who live with him on the territory of real estate allocated from the housing stock within a municipality or urban district.
