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A social tenancy agreement for citizens of the Russian Federation implies renting housing from the state on preferential terms.
A number of legislative acts regulate this type of transaction. In this article we will consider in detail all the legal aspects associated with this transaction and compare it with the commercial offer.
What it is?
What does housing under a social rental agreement mean? According to Art. 675 of the Civil Code of the Russian Federation and Art. 60 of the Housing Code of the Russian Federation, social housing is housing located in the housing stock of the Russian Federation and can be rented by certain categories of citizens.
All legal aspects of this concept are regulated by civil and housing legislation at the federal level and at the subject level.
The owner (the owner is the state represented by the municipality) must transfer housing to the tenant (a citizen of the Russian Federation who belongs to a social category for which this type of rental is available) for use and residence.
In essence, social rent is a legal transaction between the state and a citizen, where the latter is provided with budget housing on preferential terms.
The transaction is formalized by concluding an agreement in which one person must appear (with the right of other family members to use this housing). According to Art. 672 of the Civil Code of the Russian Federation, family members are not deprived of this right of residence, as well as the use of living space, in the event of the death of the person appearing in the contract.
The subject of the transaction may be:
- apartment;
- House;
- part of a house or apartment;
- room.
The property is leased for an indefinite period and free of charge.
We invite you to watch a video about what a social tenancy agreement is:
Social and commercial rental agreement for residential premises; their differences.
1. Social hiring.
Grounds and procedure for providing residential premises under a social tenancy agreement. The Housing Code regulates the grounds and conditions for the provision of residential premises under a social tenancy agreement only from the municipal housing stock. Through social renting, the constitutional provision on the right of low-income citizens to be provided with housing free of charge or at an affordable price is implemented (Part 3 of Article 40 of the Constitution of the Russian Federation).
A condition for the provision of residential premises under a social tenancy agreement of a municipal housing stock is the classification of a citizen as a low-income person by decision of a local government body
The Housing Code establishes four grounds on which low-income citizens can be recognized as needing residential premises under a social tenancy agreement. The first of them is associated with the lack of low-income housing, occupied under a social tenancy agreement or owned. The second basis is related to the provision of a total living area per family member that is less than the accounting norm. The third basis for the need for housing under a social tenancy agreement is living in premises that do not meet the requirements established for residential premises. We are talking about sanitary-epidemiological, technical, fire safety and other requirements. Fourth - living in an apartment for patients suffering from severe forms of chronic diseases, in which it is impossible to live together with them in the same apartment
Registration of citizens in need of social housing is carried out at their place of residence by the local government body on the basis of personal applications from citizens or their legal representatives.
Residential premises are provided to registered citizens only on a first-come, first-served basis. Out-of-turn housing under a social rental agreement is provided only to three categories of low-income, needy citizens.
Firstly, these are persons who occupy residential premises that are duly recognized as unfit for habitation and cannot be repaired or reconstructed.
Secondly, these are orphans, children left without parental care, as well as persons from among orphans and children left without parental care
Thirdly, these are citizens suffering from a severe form of chronic disease.
Residential premises under a social tenancy agreement are provided by decision of the local government body
The provided residential premises must be located within the same locality, and its total area, i.e. the area of residential and auxiliary premises (except for loggias, balconies, etc.) must be no less than the provision norm. The norm for the provision of residential space is established by the local government and depends on the level of provision of residential premises in the houses of the social use fund.
2. Commercial hiring.
Parties and subject of the residential rental agreement. Residential premises that are used by their owners for the residence of citizens on commercial lease terms form a housing stock for commercial use, which, according to Art. 19 LCDs can be located not only in private, but also in state and municipal housing stocks. The rental of residential premises in such a fund, which in the legal literature is called commercial rental, is regulated by the norms of Chapter. 35 Civil Code.
According to Art. 671 of the Civil Code, under a residential lease agreement, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.
The parties to a commercial lease agreement are the lessor and the tenant. Not only legal entities, but also citizens can act as lessors under a commercial lease agreement, and only citizens can act as tenants.
A commercial lease agreement has a number of features. It can be concluded with any person and, unlike a social tenancy agreement, does not require prior recognition of the citizen as low-income and in need of housing; the tenant and his family members are not considered as co-tenants under the contract, unless otherwise established by their agreement. The conclusion of a commercial tenancy agreement is not preceded by the mandatory decision for social tenancy by the owner of the residential premises to provide specific living space to a particular person; Unlike a social tenancy agreement, the area of residential premises provided for commercial rental is determined by agreement of the parties and is not standardized. Commercial lease is concluded for a period of up to 5 years, including when there is no indication of the term in the contract; Short-term rentals up to one year are possible.
The object (subject) of a commercial lease agreement is an isolated residential premises suitable for permanent residence. It can be an apartment, a residential building, part of an apartment or residential building (i.e. a room). Landscaping is not a mandatory feature of the subject of this agreement. An adjacent room or common property of an apartment building cannot be the object of a commercial lease agreement.
The agreement is concluded in writing, failure to comply with which does not entail its invalidity. The transfer of ownership of residential premises occupied under a lease agreement does not entail the termination or modification of a previously concluded agreement. In this case, the new owner becomes a lessor under the terms of the previously concluded commercial lease agreement.
The right of the employer to conclude a contract for a new term (Article 684 of the Civil Code). The expiration of a commercial lease agreement is not an unconditional basis for its termination. In order to protect the rights of the tenant as the weaker party to the contract, the Civil Code provides for his preferential right to conclude a contract for a new term. At the same time, the landlord has the right to offer the tenant to conclude an agreement on other terms.
The contract is extended under the same conditions and for the same period: 1) if the employer does not refuse to extend the contract; 2) if the landlord, no later than 3 months before the end of the contract, did not offer the tenant to conclude a contract on other terms. To extend the contract on other terms, including its duration, the consent of the employer is required. When agreeing on the terms of the contract, the employer does not have the right to demand an increase in the number of persons permanently residing with him.
An additional guarantee for the protection of the rights of tenants against the unjustified refusal of the landlord to renew a previously concluded contract is the provision of clause 4 of Art. 684 of the Civil Code, according to which refusal to prolong the contract is conditioned by the impossibility of the landlord to rent out this residential premises for a year.
Legal status
What rights do tenants living in an apartment on social rent have? The tenant has the right to live in housing when :
- timely regular payment for the use of real estate and housing and communal services bills;
- maintaining public order in local areas;
- intended use of real estate;
- maintaining the premises in a state of proper quality, using repair work as necessary.
A social tenancy agreement may provide for additional optional requirements, rights and obligations that are agreed directly with the employer.
Also, according to the Housing Code of the Russian Federation, the employer has the right:
- sublease housing for third parties;
- live in premises with third parties;
- exchange living space for another;
- provide temporary residence for third parties;
- demand from the lessor (owner) the fulfillment of his obligations specified in the contract and enshrined in law.
The lessor, in turn, has the right:
- demand from the tenant timely payment of housing and communal services, as well as compliance with all other requirements under the contract and the Housing Code of the Russian Federation;
- receive payment for renting out social housing.
The landlord also has a number of responsibilities, which are enshrined in Art. 65 Housing Code of the Russian Federation :
- transfer to the tenant of residential premises that are not burdened with the rights of other persons;
- provision of quality public services;
- carrying out major repairs within the required time frame.
The lessor is also obliged to take part in actions aimed at ensuring the proper condition of the real estate unit. In the event of damage to property by the tenant, the landlord has the right to demand repairs or compensation for damages. As a last resort, the landlord may demand termination of the contract.
How to draw up a commercial lease agreement?
This agreement is bilateral, the parties are referred to as the tenant and the lessor. The following may be considered lessors:
- legal entities - companies, individual entrepreneurs,
- municipality,
- private individuals,
- the state represented by an authorized representative (organization).
Such an agreement must be drawn up in writing; it does not need to be certified by a notary. The contract specifies the following information:
- the subject of the agreement is a specific residential property transferred to use on a temporary basis,
- the amount and frequency of payments that the employer must make. Utility bills are not included in this amount, but are paid separately in accordance with the amount of resources consumed,
- period of validity of the agreement. According to Art. 682 of the Civil Code of the Russian Federation, it cannot be more than 5 years. If the exact period is not specified in the contract, then the document is considered valid for 5 years,
- a list of property available on the territory of the residential premises,
- a list of citizens living in the specified apartment together with the tenant. The residence and registration of children under 18 years of age is provided for by law,
- possible options for terminating the relationship of the parties (by agreement or in court),
- procedure for action in case of force majeure situations,
- the possibility of subsequent purchase of housing and the conditions that must be met for this,
- other conditions for servicing a residential property.
The agreement must include detailed information from both parties and be signed by them. Legal entities put a stamp.
For whom is social rent housing available?
Social rent is available to citizens who, at the legislative level, are classified as low-income or people in need of improved housing conditions in accordance with living space standards.
There are also persons who can receive this social rent on an extraordinary basis:
- citizens with severe forms of illness;
- persons living in premises unsuitable for living according to the standards for defining residential premises.
There are also categories of persons who, according to Federal Laws, have the right to conclude a social rental agreement:
- military personnel;
- WWII veterans;
- disabled people of groups I and II;
- victims of emergencies and natural disasters;
- orphans.
Features of commercial hiring
Renting an apartment with the right to buy allows the tenant to take ownership of it, and the other party will be able to sell the living space at a favorable price. There is no guarantee that the sale will go through, but the employment document does mention such a condition. For residents, this is the most acceptable option to purchase an apartment in which they have lived for a long period of time.
To buy out, you must obtain permission from the owner of the living space. There are no exact reasons for the ban or the need to buy out such premises. To authorize the purchase of real estate, administrative acts and regulations established by law must be drawn up. All necessary information is included in the contract as a separate clause. In Art. 606 of the Civil Code of the Russian Federation states that redemption entails the possibility of registering property to the tenant through privatization.
A contract on a reimbursable basis is drawn up only in relation to residential real estate. Residential space can only be leased by its owner or his representative who has a notarized power of attorney. If there are multiple owners, written permission from each owner will be required. The municipality can rent out housing that is included in the category of commercial housing stock.
Legal basis
The general principles and foundations of social hiring are enshrined in the Civil Code of the Russian Federation in Chapter 35. They are specified in Chapter 8 of the Housing Code of the Russian Federation. It specifies the rights and obligations of the landlord and the tenant, specifies questions about the residence of the tenant's family members and situations in which an exchange of living space is possible. The subject and form of the agreement, cases of change and termination of the transaction are also specified.
Also, certain issues are addressed in the Federal Law of November 24, 1995 N 181-FZ “On the social protection of disabled people in the Russian Federation” (as amended and supplemented, entered into force on January 1, 2019), where in Art. 17 establishes the fact of the possibility of using living space under a social tenancy agreement for people with disabilities. Certain principles and provisions are found in a number of laws on social protection of the population of the Russian Federation.
What is required to sign the agreement?
Among the required papers are:
- ID cards of both participants. If necessary, documents for minor children will be required,
- the text of the contract itself,
- documents confirming ownership of real estate.
Once the commercial lease document is signed, an encumbrance on the title appears. It must be registered with Rosreestr. This rule is valid for transactions concluded for 1 year or more. To register, you will need to pay a fee.
We remind you that even if you thoroughly study all the data that is in the public domain, this will not replace the experience of professional lawyers! To get a detailed free consultation and resolve your issue as reliably as possible, you can contact specialists by phone numbers listed at the top of the page, or through the online form .
Requirements for the apartment
The person must receive premises that comply with the provisions of Art. 62 Housing Code :
- isolated living area;
- compliance with standards and regulations;
- the premises cannot be part of the local area (property).
In addition, there are requirements for room space. The figures vary depending on a number of criteria and individual decisions of regional and municipal authorities.
On average this is:
- 33 square meters per tenant;
- 42 square meters for two residents;
- 18 square meters per person, if three or more people live in the room.
If there are no premises with the required area in the housing stock, the indicators can be reduced by 10% by agreement with the tenant.
What is a commercial tenancy agreement?
A commercial lease agreement as a contract for the rental of real estate regulated by the Civil Code, the parties to which can be both individuals and legal entities. Accordingly, the owners or tenants of the object can also be entities in any status. Real estate under a commercial lease agreement can be either residential or, for example, office or intended for organizing production.
The conclusion of the contract in question does not generally imply any restrictions for the tenant - he, as in the case of social rent, does not need to stand in line. The basis for moving in (if we are talking about renting an apartment) in this case is a contract. Depending on the conditions defined therein, the tenant is allowed to move other people into the housing, re-let the property, or is prohibited from carrying out these actions. A commercial lease agreement almost always specifies the rental period for an apartment or other facility transferred for temporary use.
From the name of the type of contracts in question, it is obvious that real estate is rented for a fee. If it is not paid, the contract may be terminated.
