Rights and obligations of a residential landlord under a social tenancy agreement

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As legal practice shows, the lessor during transactions does not act personally, but through an authorized person.

The housing legislation of the Russian Federation contains both fundamental rights and key responsibilities of the parties to legal relations, in particular, the landlord. The definition of these important categories is most fully disclosed in Art. 65 Housing Code of the Russian Federation. If any conditions specified in the legislation of the Russian Federation are violated, there may be consequences for the homeowner. Therefore, this issue requires more specific coverage.

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.

Commentary to Art. 65 Housing Code of the Russian Federation

1. According to Part 1 of Art. 65, the landlord of a residential premises under a social tenancy agreement has the right to demand timely payment of payments for housing and utilities. This right of the landlord corresponds to the obligation of the tenant to pay rent and utilities on time.

However, the rights of the landlord are not limited to this. So, in accordance with the Housing Code of the Russian Federation:

the landlord has the right to demand termination of a social tenancy agreement in cases of violation by the tenant of housing legislation or non-compliance with the terms of the agreement (Article 83);

the landlord may prohibit other citizens from moving into the residential premises as members of the tenant’s family (Article 70);

to exchange residential premises and sublease it, the consent of the landlord in writing is required (Articles 72, 74, 76);

The landlord has the right to prohibit the residence of temporary residents on the grounds provided for in Art. 80;

the tenant is prohibited from reorganizing and reconstructing the residential premises without the consent of the landlord (Article 26).

2. In accordance with Part 2 of the commented article, the landlord of residential premises is obliged to:

1) transfer to the tenant residential premises free from the rights of other persons.

Residential premises provided under a social tenancy agreement must be legally and actually vacant. It may not have other lawful users, and it must not be actually occupied by persons who do not have the right to use the premises.

The decision of the relevant authority to provide residential premises, the right to use of which legally belongs to other persons, is invalid. A person who actually occupies residential premises without legal grounds is subject to eviction. Disputes about this are resolved in court. Until a decision is made on the dispute that has arisen or the illegally occupied residential premises are vacated, they are not subject to occupancy;

2) participate in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located. Provisions regarding the maintenance and repair of the housing stock, ensuring its safety in a sufficiently complete manner are contained in the Rules and Standards for the Technical Operation of the Housing Stock, approved. Resolution of the State Construction Committee of Russia dated September 27, 2003 N 170 (see commentary to Article 25).

The rules for the use of residential premises (see comments to Articles 61 and 63) provide for the obligation of the landlord to systematically inspect residential buildings and residential premises and preventive maintenance of sanitary equipment located in them; ensure uninterrupted operation of engineering equipment, proper maintenance of entrances, other common areas of the house and local area. On issues of ensuring the safety and maintenance of the housing stock, you should also refer to the Rules and Standards for the Technical Operation of the Housing Stock;

3) carry out major repairs of residential premises. Such an obligation is also provided for in the Model Social Tenancy Agreement (subclause “c”, paragraph 5).

In case of non-fulfillment or improper fulfillment by the landlord of the obligation to timely carry out major repairs of the rented residential premises, as well as common property in an apartment building, the consequences provided for in Art. 66 Housing Code of the Russian Federation;

4) ensure that the tenant is provided with the necessary utilities of adequate quality.

A modern residential building (residential building) includes, as integral components of housing, engineering equipment (gas, electrical, etc.). A citizen acquires (upon receipt of residential premises) the right to use sanitary, technical and other equipment in the house (see Part 2 of Article 61 of the Housing Code of the Russian Federation).

In 2006, the Government of the Russian Federation approved the Rules for the provision of utility services to citizens (Resolution No. 307 of May 23, 2006). They determine the procedure for the provision and payment of utility services, the rights and obligations of consumers and service providers. The rules oblige the contractor to provide the consumer with services that comply with regulations and standards, sanitary rules and regulations.

3. The responsibilities of the lessor are not limited to those indicated in Part 2 of the commented article. According to Part 3, the landlord bears other responsibilities provided for by housing legislation and the social tenancy agreement for residential premises.

4. Article 81 of the Housing Code of the Russian Federation provides for the obligation of the landlord to provide the tenant with a smaller residential premises to replace the one occupied, if the tenant has made such a request. Other residential premises must be provided within 3 months from the date the tenant submits the application.

According to Art. 29 of the Housing Code of the Russian Federation, the landlord is obliged to bring the residential premises to their previous condition in the event of its unauthorized reconstruction by the tenant. Article 87 of the RF Housing Code provides that in the event of a residential premises being transferred to non-residential premises (or being declared unfit for habitation), the landlord provides citizens evicted from this premises with other housing.

5. Another obligation of the landlord is to provide the tenant and members of his family with living quarters for the period of major repairs or reconstruction of the house, if such work cannot be carried out without eviction (Part 1 of Article 88 of the Housing Code of the Russian Federation).

Relocation of the tenant and members of his family to the residential premises of the mobile fund and back is carried out at the expense of the landlord (see commentary to Article 95).

If, as a result of major repairs or reconstruction of a house, the occupied residential premises cannot be preserved or its size changes significantly, the landlord must provide the tenant and members of his family with other housing under a social rental agreement before the start of major repairs or reconstruction of the house (Article 88 of the Housing Code of the Russian Federation ).

6. According to the Model Social Tenancy Agreement, the landlord is obliged to take part in the timely preparation of residential buildings, sanitary and other equipment for use in winter conditions (subparagraph “e”, paragraph 5).

In addition, the Model Agreement obliges the landlord to inform the tenant about major repairs or reconstruction of the house no later than 30 days before the start of work.

To a large extent, the responsibilities of the landlord are outlined in the Rules for the Use of Residential Premises.

7. Timely occupancy of residential premises should also be considered the responsibility of the landlord. (On the issue of occupancy of residential premises, see commentary to Article 63.)

Rights of a housing landlord under a social tenancy agreement

The rights and obligations of the lessor under the social tenancy agreement are enshrined in article No. 65 of the Housing Code of the Russian Federation. The landlord may, based on the specified legal norm, demand timely payment from the individual tenant of the living space under a social tenancy agreement, if paid use of real estate is provided for. In addition, the rights of the landlord imply receiving timely financial transfers from the tenant to pay utility bills.

However, the list of listed rights of the landlord is not complete. Modern legislation in the field of housing issues also provides for other prerogatives of this subject of legal relations, in particular:

• The Housing Code of the Russian Federation implies the possibility of a landlord prohibiting a certain category of citizens from moving into a residential building from the social fund.
• The landlord has the right to express consent to the exchange of premises among tenants (Article 72 of the Housing Code of the Russian Federation).
• It is also a privilege of the landlord to prohibit the move-in of additional residents (family representatives of the owner of social real estate) onto the territory of the property, if after such an action the accounting norm of the area is less than the permissible indicator (Article 70 of the Housing Code of the Russian Federation).
• According to the social tenancy agreement, the landlord is given the rights to recognize a legally capable family member as the new tenant if the previous applicant has died. At the same time, the conditions of social employment are not subject to revision (Article 82 of the Housing Code of the Russian Federation).
• It is also a legal privilege of the landlord to carry out the procedure of eviction of the tenant through the courts, if the rules of residence in the territory of social housing have been systematically violated, including the fact of misuse of property (Article 91 of the Housing Code of the Russian Federation).

Rights, obligations and responsibilities of the landlord under a social tenancy agreement

The landlord of a residential premises under a social tenancy agreement has the right to demand timely payment of payments for residential premises and utilities.

Landlord

residential premises under a social tenancy agreement
is obliged to:

• transfer to the tenant residential premises free from the rights of other persons;
• take part in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located;
• carry out major renovations of residential premises;
• ensure that the tenant receives the necessary utilities of adequate quality.

The lessor of residential premises under a social tenancy agreement, in addition to those indicated, bears other responsibilities provided for by housing legislation and the social tenancy agreement.

The landlord of a residential premises under a social tenancy agreement who fails to fulfill the obligations provided for by the housing legislation and the social tenancy agreement of residential premises is liable

provided for by law.

The Housing Code of the Russian Federation establishes the consequences of improper fulfillment by the landlord of obligations for the maintenance and repair of common property

in an apartment building, major repairs of residential premises provided under a social tenancy agreement.

In this case,
the tenant has the right to present one of the following demands to the landlord:

• on reducing fees for the use of residential premises (rental fees). Please note that it does not include fees for the maintenance and repair of residential premises and fees for utilities, which are paid to the management organization, homeowners' association or housing cooperative;
• on reimbursement of expenses for eliminating deficiencies in residential premises and (or) common property in an apartment building;
• on compensation for losses caused by improper performance by the landlord of his duties.

In accordance with the Civil Code of the Russian Federation, losses include expenses that the person whose right was violated (in this case, the employer) made or will have to make to restore the violated right, loss or damage to his property, as well as lost income that this person received would have been under normal conditions of civil circulation, if his right had not been violated. Thus, damages can include expenses for eliminating defects in residential premises and common property, damage to property, for example, as a result of flooding of the tenant’s apartment, due to improper maintenance of common property in an apartment building by the landlord, etc.

These demands may be presented by the employer to the landlord and (or) to the judicial authorities.

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.

Author of the article

Commentary on Article 65 of the RF Housing Code

1. According to Part 1 of Art. 65, the landlord of a residential premises under a social tenancy agreement has the right to demand timely payment of payments for housing and utilities. This right of the landlord corresponds to the obligation of the tenant to pay rent and utilities on time.

However, the rights of the landlord are not limited to this. So, in accordance with the Housing Code of the Russian Federation:

the landlord has the right to demand termination of a social tenancy agreement in cases of violation by the tenant of housing legislation or non-compliance with the terms of the agreement (Article 83);

the landlord may prohibit other citizens from moving into the residential premises as members of the tenant’s family (Article 70);

to exchange residential premises and sublease it, the consent of the landlord in writing is required (Articles 72, 74, 76);

The landlord has the right to prohibit the residence of temporary residents on the grounds provided for in Art. 80;

the tenant is prohibited from reorganizing and reconstructing the residential premises without the consent of the landlord (Article 26).

2. In accordance with Part 2 of the commented article, the landlord of residential premises is obliged to:

1) transfer to the tenant residential premises free from the rights of other persons.

Residential premises provided under a social tenancy agreement must be legally and actually vacant. It may not have other lawful users, and it must not be actually occupied by persons who do not have the right to use the premises.

The decision of the relevant authority to provide residential premises, the right to use of which legally belongs to other persons, is invalid. A person who actually occupies residential premises without legal grounds is subject to eviction. Disputes about this are resolved in court. Until a decision is made on the dispute that has arisen or the illegally occupied residential premises are vacated, they are not subject to occupancy;

2) participate in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located. Provisions regarding the maintenance and repair of the housing stock, ensuring its safety in a sufficiently complete manner are contained in the Rules and Standards for the Technical Operation of the Housing Stock, approved. Resolution of the State Construction Committee of Russia dated September 27, 2003 N 170 (see commentary to Article 25).

The rules for the use of residential premises (see comments to Articles 61 and 63) provide for the obligation of the landlord to systematically inspect residential buildings and residential premises and preventive maintenance of sanitary equipment located in them; ensure uninterrupted operation of engineering equipment, proper maintenance of entrances, other common areas of the house and local area. On issues of ensuring the safety and maintenance of the housing stock, you should also refer to the Rules and Standards for the Technical Operation of the Housing Stock;

3) carry out major repairs of residential premises. Such an obligation is also provided for in the Model Social Tenancy Agreement (subclause “c”, paragraph 5).

In case of non-fulfillment or improper fulfillment by the landlord of the obligation to timely carry out major repairs of the rented residential premises, as well as common property in an apartment building, the consequences provided for in Art. 66 Housing Code of the Russian Federation;

4) ensure that the tenant is provided with the necessary utilities of adequate quality.

A modern residential building (residential building) includes, as integral components of housing, engineering equipment (gas, electrical, etc.). A citizen acquires (upon receipt of residential premises) the right to use sanitary, technical and other equipment in the house (see Part 2 of Article 61 of the Housing Code of the Russian Federation).

In 2006, the Government of the Russian Federation approved the Rules for the provision of utility services to citizens (Resolution No. 307 of May 23, 2006) <1>. They determine the procedure for the provision and payment of utility services, the rights and obligations of consumers and service providers. The rules oblige the contractor to provide the consumer with services that comply with regulations and standards, sanitary rules and regulations.

——————————— <1> NW RF. 2006. N 23. Art. 2501.

3. The responsibilities of the lessor are not limited to those indicated in Part 2 of the commented article. According to Part 3, the landlord bears other responsibilities provided for by housing legislation and the social tenancy agreement for residential premises.

4. Article 81 of the Housing Code of the Russian Federation provides for the obligation of the landlord to provide the tenant with a smaller residential premises to replace the one occupied, if the tenant has made such a request. Other residential premises must be provided within 3 months from the date the tenant submits the application.

According to Art. 29 of the Housing Code of the Russian Federation, the landlord is obliged to bring the residential premises to their previous condition in the event of its unauthorized reconstruction by the tenant. Article 87 of the RF Housing Code provides that in the event of a residential premises being transferred to non-residential premises (or being declared unfit for habitation), the landlord provides citizens evicted from this premises with other housing.

5. Another obligation of the landlord is to provide the tenant and members of his family with living quarters for the period of major repairs or reconstruction of the house, if such work cannot be carried out without eviction (Part 1 of Article 88 of the Housing Code of the Russian Federation).

Relocation of the tenant and members of his family to the residential premises of the mobile fund and back is carried out at the expense of the landlord (see commentary to Article 95).

If, as a result of major repairs or reconstruction of a house, the occupied residential premises cannot be preserved or its size changes significantly, the landlord must provide the tenant and members of his family with other housing under a social rental agreement before the start of major repairs or reconstruction of the house (Article 88 of the Housing Code of the Russian Federation ).

6. According to the Model Social Tenancy Agreement, the landlord is obliged to take part in the timely preparation of residential buildings, sanitary and other equipment for use in winter conditions (subparagraph “e”, paragraph 5).

In addition, the Model Agreement obliges the landlord to inform the tenant about major repairs or reconstruction of the house no later than 30 days before the start of work.

To a large extent, the responsibilities of the landlord are outlined in the Rules for the Use of Residential Premises.

7. Timely occupancy of residential premises should also be considered the responsibility of the landlord. (On the issue of occupancy of residential premises, see commentary to Article 63.)

Rights of the tenant under a social tenancy agreement

In Art. 67 of the Housing Code of the Russian Federation lists all the rights that a tenant has when using housing owned by the municipality.

First of all, we are talking about the fact that this person has every reason to demand major repairs of the residential premises, its regular maintenance and provision of all types of utilities.

In some cases, a person who is a tenant has the opportunity to sublet a social apartment. This requires permission, in writing, from the municipality and from persons who live and maintain a joint household with the tenant of the apartment. The subletting permit applies to both part of the living space and the entire dwelling as a whole.

Renting out housing to a third party is possible only under one condition, if after renting out the housing the statutory norms for the area per tenant are not violated.

In an ordinary apartment, the norm must correspond to the accounting norm, and in communal housing - to the provision norm.

The transfer of housing for rent to a third party is prohibited in the case where a person with severe chronic illness lives in a social apartment. The names of these diseases are listed in government documents.

According to the rules, the agreement is concluded in several copies and only in writing. One of the copies is received directly by the landlord, the others are kept by the tenant and a third party renting housing from him.

The agreement usually specifies the period for which the housing is sublet. If the period is not specified in documents, it is automatically equal to one year.

The agreement specifies the persons who will move into the apartment together with the new tenant, the amount and time of payment for rent.

In what case does the contract terminate?

There are several reasons for the termination of such an agreement: the contract expires, termination due to non-compliance by the person renting the apartment with the living conditions. Most often, termination occurs by mutual agreement.

But sometimes you have to resort to resolving the issue in the courts. This situation arises in the event of a violation of the rights of citizens living next door to the subtenant.

Also, legal proceedings are threatened for misuse of the premises and refusal to carry out routine repairs. Before going to court, the employer is obliged to warn the subtenant about his claims and intentions.

If the latter does not listen to the claims and wishes of the tenant, he goes to court with a legal claim to terminate the contract and evict the irresponsible tenant from the apartment.

It is worth noting that the agreement does not include data on the rental period of the premises; the tenant is obliged to notify the other party of the agreement about his upcoming eviction 3 months in advance.

Another right of the tenant is the right to move into municipal housing other family members who have not previously lived in it.

In this situation, it is necessary to obtain the written consent of other family members. It is necessary to take into account the opinion of those relatives who are temporarily absent.

When does the landlord not consent to this action?

This happens when, when moving in other family members, the rights of the residents to own the accounting standard for the area of ​​the premises are violated. At the same time, children move in with their parents without any permission.

Persons who have been allowed by the employer to stay there for some time without paying rent can live temporarily in rented housing.

In order for temporary residents to move into the apartment without hindrance, it is necessary to obtain consent from other family members.

In addition, an important point is to notify the landlord of the upcoming move-in. Temporary residence can last no more than six months.

Temporary residents are required to leave the apartment after the period specified in the agreement. If such a clause has not been discussed in advance, the tenant is obliged to warn the tenants a week in advance about the upcoming eviction.

The tenant has the right to exchange housing, to receive a smaller apartment, to replace housing with others. In what cases does this happen? Let's look at a specific example.

Social tenancy agreement for municipal housing.

How to get municipal housing, read here.

Read about the rights of a tenant under a social tenancy agreement at the following link:

The tenant of a municipal three-room apartment is a single person. He has neither the physical nor the financial ability to maintain this living space or pay for the services provided to him. But he has the right to exchange it for a smaller one. An application for housing exchange is reviewed within three months.

Replacement of premises occurs in other cases. The reason for this may be a serious illness. Thus, according to the law, citizens with musculoskeletal diseases have the right to live on the lower floors. Therefore, taking advantage of their right, they write an application to exchange housing.

In addition to rights, the employer has a number of responsibilities:

• the tenant is obliged to use the housing for its intended purpose;
• maintain the safety of the premises;
• monitor his condition;
• carry out necessary repair work;
• do not violate deadlines for making payments for utility services provided;
• agree with the landlord on changes to the terms of the social tenancy agreement.

These responsibilities are assigned not only to the person who is the responsible tenant, but also to his family members. Responsibility rests with all capable relatives.

An important right is the possibility of privatizing a rented apartment. Let's look at the situation and draw conclusions about the need for housing privatization.

A social tenancy agreement involves obtaining housing in perpetuity. In this case, not being the owner of the property, the tenant does not have the right to sell it or enter into any transactions.

The employer may exercise the following rights:

• register your relatives in the living space;
• change the apartment to another housing;
• sublease it to third parties;
• carry out repairs and remodeling.

If the tenant dies, his family has the right to continue living in this apartment. The tenant is obliged to pay for the apartment and the services provided to him within the terms specified in the agreement. Paying housing taxes has nothing to do with the tenant.

He also does not participate in financing the overhaul of the task and its maintenance. As a result, it turns out that municipal housing costs a person more than privatized housing. Therefore, before privatizing an apartment, think about the benefits of the deal.

Obligations of the employer under a social tenancy agreement

The tenant under a social tenancy agreement must fulfill the following conditions:

• the tenant is obliged to use the housing only for direct purposes;
• monitor its safety;
• monitor the condition of the premises;
• carry out routine repairs;
• pay fees for the use of residential premises and provided utilities;
• fulfill all obligations that are provided for by law or included in the social tenancy agreement.

Members of the tenant's family have equal rights to use social housing, on an equal basis with the responsible tenant (clause 2 of article 672 of the Civil Code of the Russian Federation and part 2 of article 69 of the Housing Code of the Russian Federation). But they are also subject to the same responsibilities as the employer, whether legal responsibilities or those included in the social tenancy agreement.

Family members of the employer have the right:

• use the residential premises without a time limit;
• enjoy your rights and obligations, even during your short absence (Article 71 of the RF LC);
• family members, along with the tenant, according to the Housing Code, have the right to make decisions regarding the exchange of an apartment (Article 72), the moving in of temporary residents (Article 80), the rental of this housing to third parties (Article 76), the exchange of housing for a smaller one ( Article 81), amendments to the rental agreement for this housing (Article 82), termination of the agreement (Part 2 of Article 83), changing the layout of the apartment (Article 26), moving in other tenants (Article 70).

There is no reason to restrict the rights of family members of a social housing tenant. Any member of the tenant's family can be evicted on the basis of Part 4 of Art. 3 Residential Complex of the Russian Federation. Eviction of family members of the tenant can be carried out only in accordance with the procedure established by law.

Judicial practice under Article 65 of the RF Housing Code:

Decision of the Supreme Court: Determination No. VAS-19088/13 dated March 11, 2014 Supreme Arbitration Court, supervision

Decision of the Supreme Court: Determination N 303-КГ16-13440 dated 10/14/2016 Judicial Collegium for Economic Disputes, cassation

Decision of the Supreme Court: Determination N 306-ES14-63 of September 29, 2014 Judicial Collegium for Economic Disputes, cassation

Decision of the Supreme Court: Determination N 56-KGPR13-8 dated November 19, 2013 Judicial Collegium for Civil Cases, cassation

Decision of the Supreme Court: Decision N AKPI16-355 dated June 15, 2016 Judicial Collegium for Civil Cases, first instance

Decision of the Supreme Court: Decision N AKPI13-56 dated March 13, 2013 Judicial Collegium for Civil Cases, first instance

Decision of the Supreme Court: Determination N 18-КГ15-46 of 04/14/2015 Judicial Collegium for Civil Cases, cassation

Decision of the Supreme Court: Determination N 306-ES14-63 of 08/20/2014 Judicial Collegium for Economic Disputes, cassation

Decision of the Supreme Court: Determination N VAS-5105/10 dated 04/30/2010 Collegium for Civil Legal Relations, supervision

Decision of the Supreme Court: Determination N 18-KGPR16-104 dated September 27, 2016 Judicial Collegium for Civil Cases, cassation

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Article 67 of the RF Housing Code. Rights and obligations of a residential tenant under a social tenancy agreement

The commented article establishes a list of the basic rights and obligations of the tenant of residential premises provided to him 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 a social tenancy agreement or not.

1 - 2. According to paragraph 1 of the commented article, the employer has the following rights:

• 1) move other persons into the occupied residential premises;
• 2) sublease residential premises;
• 3) allow temporary residents to live in residential premises;
• 4) exchange or replace the occupied residential premises;
• 5) demand from the landlord timely major repairs of the residential premises, proper participation in the maintenance of common property in the apartment building, as well as the provision of utilities.

The tenant has other rights provided for by housing legislation and the lease 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.

3 - 4. The responsibilities of a residential tenant under a social tenancy agreement in accordance with the commented article include:

• 1) the obligation to use residential premises for their intended purpose and within the limits established by the Code;
• 2) the obligation to ensure the safety of residential premises;
• 3) the obligation to maintain the proper condition of the residential premises;
• 4) the obligation to carry out routine repairs of residential premises;
• 5) the obligation to timely pay for housing and utilities;
• 6) the obligation to inform the landlord within the time period established by the contract about changes in the grounds and conditions giving the right to use residential premises under a social tenancy agreement.

The tenant of a residential premises also bears other responsibilities provided for by housing legislation and the social tenancy agreement.

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.

Lists of rights and obligations of the tenant of residential premises provided under a social tenancy agreement in Art. 67 of the Code are formulated as “open”: other rights and obligations of the employer are determined in accordance with the Code, other laws and the social tenancy agreement.