Art. 67 of the Housing Code of the Russian Federation in the current edition and comments to it

The influence of the Resolution of the Constitutional Court of the Russian Federation of June 23, 1995 No. 8-P on issues related to the long-term absence of citizens

The Housing Code of the RSFSR in its original edition contained a rule that residential premises were retained by a citizen who was absent for various reasons (due to temporary departure from permanent place of residence due to the conditions and nature of work, departure for treatment in a health care facility, due to detention, etc.) .p.) only within six months from the date of expiration of the period specified in the relevant paragraph (Part 1, Article 60 of the Housing Code of the RSFSR).

However, by Resolution of the Constitutional Court of the Russian Federation dated June 23, 1995 No. 8-P “In the case of verifying the constitutionality of part one and paragraph 8 of part two of Article 60 of the Housing Code of the RSFSR in connection with the request of the Murom City People's Court of the Vladimir Region and complaints from citizens E.R. Taknova, E.A. Ogloblina, A.N. Vashchuk" provisions of Part 1 of Art. 60 of the RSFSR Housing Code, which allows for the deprivation of a citizen (tenant of a residential premises or members of his family) of the right to use residential premises in the event of temporary absence, were recognized as inconsistent with the Constitution of the Russian Federation.

But, despite the recognition of this norm as unconstitutional, the Housing Code of the RSFSR, until the entry into force of the Housing Code of the Russian Federation, retained the imperative nature of the article. 89 Residential Complex of the RSFSR.

According to this norm, which, quite deservedly, in my opinion, was not recognized as unconstitutional, in the event of the departure of the tenant and members of his family for permanent residence in another place, the tenancy agreement was considered terminated from the date of departure.

The Housing Code of the Russian Federation almost completely (excluding only the word “permanent”) adopted this norm, enshrining it in Part 3 of Art. 83 that in the event of the departure of the tenant and his family members to another place of residence, the social tenancy agreement for residential premises is considered terminated from the date of departure. Federal Law No. 395-FZ of December 6, 2011 “On amendments to certain legislative acts of the Russian Federation in connection with the introduction of rotation in the state civil service” this provision was supplemented by the sentence “unless otherwise provided by federal law.”

As if in contrast to this norm, protecting the interests of employers under a social tenancy agreement and taking into account the legal position of the Constitutional Court of the Russian Federation, enshrined in Resolution No. 8-P of June 23, 1995, the Housing Code of the Russian Federation contains Art. 71, according to which the temporary absence of the tenant of a residential premises under a social tenancy agreement, any of his family members living with him or all these citizens does not entail a change in their rights and obligations under the social tenancy agreement.

Long-term absence from the residential premises of the tenant under a social tenancy agreement and his family members

At one time (about 8 years ago), the author himself, while in municipal service, prepared documents for the court to recognize citizens who are tenants of municipal non-privatized housing as having lost the right to use it on the basis of Art.
89 of the RSFSR Housing Code, and then on the basis of Part 3 of Art. 83 Housing Code of the Russian Federation. This was done in order to legally (and actually) free up such residential premises for those on the waiting list. Practice. Thus, in one of the cases, a citizen from a living quarters located in a former hostel, together with his daughter, went to the Khostinsky district of Sochi. He did not live in the hostel for quite a long time (more than 5 years), and therefore this residential premises was given for use to subtenants on the basis of a sublease agreement.

After applying to the court to the city administration as a landlord, the citizen began to take active steps to preserve his right to use housing: he issued a power of attorney to his brother, who remained to live here, to represent his interests in court (the tenant himself remained to reside in the city during the consideration of the case at the administration’s claim). Sochi), with the help of a lawyer, prepared and sent to the court a detailed response to the statement of claim of the city administration with documents attached.

In his response, he asked the city administration to reject the claim and indicated that his absence was temporary, because There was no work for him in his specialty at that time, and in Sochi, in addition to work, there were all the conditions for the treatment of his young daughter.

He also claimed that he lives in Sochi with a friend and that he has no other permanent housing there.

At the same time, all participants in the trial, including the judge, understood that since this citizen received this residential premises in the prescribed manner, he and his daughter retained the right to free privatization in accordance with the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation.”

It was also clear to all participants that after the city administration rejected the claim, the employer would most likely privatize this housing and sell it, since he was unlikely to return. But nothing can be done - the law is the law.

Subsequently, the cassation instance of the Perm Regional Court, following the refusal of the court of first instance to satisfy the claim, refused to satisfy the complaint of the city administration (archive of the Dobryansky District Court of the Perm Territory for 2005).

A similar practice of the courts of the Kursk region is also pointed out by A. Vorotyntseva, who writes that “the courts of the region did not satisfy a single claim for termination of a social tenancy agreement with persons who left the apartments, but retained registration in them, in the absence of their rights to another housing (Article 83 of the Housing Code of the Russian Federation); As a rule, the courts agree with the defendants’ arguments that the departure is temporary and is caused not by their desire, but by a conflict with other tenants (most often this is a divorce, a new spouse moving into the apartment, etc.) and a lack of rights for other housing. ... At the same time, it is clear that this approach allows for the possibility of practically unprovable abuse of the rights of persons registered but not living in apartments provided under social tenancy agreements.”

Indeed, very often the long absence of citizens from their place of registration is caused not by their own desire, but by completely different reasons, for example, a conflict with other citizens and their exclusion from residential premises.

Practice. Yu.V. Andreev filed a lawsuit against N.V. Alyokhina and I.Yu. Alekhina to recognize them as having lost the right to housing due to leaving for another place of residence.

The defendants, in turn, filed a lawsuit against Yu.V. Andreev regarding moving into the apartment, causing obstacles in the use of the apartment, determining the procedure for using the residential premises, and distributing the costs of maintaining the residential premises.

At the court hearing, the plaintiff supported the claim and explained that in 1961, according to the order, his father, mother and members of their family were allocated living quarters. After the death of his father and mother, he and his daughter I.Yu. were registered in the residential premises. Alekhina and granddaughter - N.V. Alekhina.

The plaintiff also indicated that since 1989 I.Yu. Alekhina does not live in the residential premises, things belonging to her, as well as her daughter N.V. Alekhina is not there, they did not pay utility bills, the granddaughter never lived in this residential premises, since the defendants live in the apartment of the parents of husband I.Yu. Alekhina and own other housing.

The plaintiff indicated that he maintains the proper condition of the living quarters and from the moment of registration at the place of residence, it is he who pays all utility bills.

The court noted that by virtue of Art. 71 of the Housing Code of the Russian Federation, the temporary absence of the tenant of a residential premises under a social tenancy agreement, any of his family members living with him or all these citizens does not entail a change in their rights and obligations under the social tenancy agreement, and the non-residence of I.Yu. Alekhina in the specified residential premises was associated with the registration of marriage and the desire to live at the place of residence of the spouse’s parents.

From the receipts for payment of housing and communal services presented at the court hearing, the court established that until 2010, payment of utility bills was made not only by the plaintiff himself, but also, in part, by I.Yu. Alekhina.

Being the daughter of I.Yu. Alyokhina, N.V. Alekhina lived at the place of residence of her parents, the defendant did not refuse this residential premises, they were not deregistered at the specified address, personal accounts for utility bills were opened, including in the name of I.Yu. Alekhina.

In addition, at the court hearing it was established that the defendants’ failure to pay utility bills was due to the tenants living in the premises, and the funds received were intended to pay utility bills, which was not disputed by the parties.

I.Yu. Alekhina and N.V. Alekhina periodically lived in the disputed apartment, made cosmetic repairs in it, paid for utilities, the specified residential premises are for them their only permanent place of residence, and the impossibility of living in it is due to the fact that the plaintiff Yu.V. Andreev of the keys to the living quarters, changing the front door and locks.

As a result, the court refused Yu.V. Andreev in satisfying the claims and partially satisfied the counterclaim of I.Yu. Alekhina and N.V. Alekhina to Yu.V. Andreev about moving into the apartment, not causing obstacles to the use of the apartment, determining the procedure for using the residential premises, distributing the costs of maintaining the residential premises, obliging Yu.V. Andreeva not to interfere with the use of the apartment, and also ordered him to transfer it to I.Yu. Alekhina and N.V. Alekhina, the keys to the said apartment (decision of the Chapaevsky City Court of the Samara Region dated July 22, 2013 in case No. 2-560/13).

Similar practices are also indicated by other court decisions (for example, the appeal ruling of the Moscow City Court dated November 2, 2012 in case No. 11-24951, according to which citizens were absent from residential premises for more than 15 years, but their claim for occupancy and non-obstruction of use Despite this, I was satisfied with the apartment).

Who is a residential tenant - his rights and obligations in 2021

The tenant is a party to the residential lease agreement (standard form approved by Decree of the Government of the Russian Federation of May 21, 2005 No. 315), to whom the living space is temporarily transferred on a paid basis for living without the right of disposal (clause 1 of Article 671 of the Civil Code of the Russian Federation).

It is necessary to distinguish between social rent agreements and the rental of special fund premises (we will talk about the latter below). The range of rights and obligations of both parties to the contract can be expanded taking into account the specifics of the relevant rules of law. For example, under a social tenancy agreement, the tenant is entitled (clause 1, article 67 of the Housing Code of the Russian Federation):

to move other individuals into rented housing;
sublease of such living space;
providing space in such housing for other persons to live on a temporary basis, etc.

The general obligations of this party to the contract are as follows (Article 678 of the Civil Code of the Russian Federation):

use of rented living space for residential purposes only;
maintaining housing in proper condition;
refusal to remodel or renovate the premises without the consent of the owner;
making payments in the proper manner under the rental agreement and, unless otherwise regulated by agreement of the parties, payment for housing and communal services.

A systematic analysis of the norms of the Civil Code and Housing Code of the Russian Federation makes it possible to determine the general range of rights of a tenant of residential premises as follows: the right to own and use rented housing for the purpose of living in it for the tenant himself and his family members on the terms regulated by the agreement.

In this case, housing must be comfortable in relation to local conditions and have appropriate sanitary and technical characteristics. The tenant is also given the pre-emptive right to conclude the next social tenancy agreement upon expiration of the current one.

The agreement may also define a wider range of rights of the tenant of a residential premises.

As we already mentioned above, service living space is classified by the legislator as a specialized fund and is regulated by a separate chapter of the Housing Code of the Russian Federation.

The list of rights of a tenant of residential premises in the case under study can be summarized as follows (Articles 100, 104 of the Housing Code of the Russian Federation, Decree of the Government of the Russian Federation dated January 26, 2006 No. 42):

exploit the property, including after a change of owner or termination of the document concluded between the employer and the employee, if this does not conflict with the requirements of the law, in accordance with the terms of the contract;
use the common property of an apartment building;
receive housing subsidies;
terminate the contract early.

This list of rights of the tenant of official residential premises is not closed and can be supplemented by the parties when drawing up the relevant agreement.

The lessor is the owner of the residential premises or his authorized representative, who, under a rental agreement, provides living space for use and possession to the other party to the agreement.

The range of powers and obligations of this party to the contract is also regulated by the Civil Code and the Housing Code of the Russian Federation.

In general, the rights of this party to the contract are as follows:

monitoring compliance with the terms of the contract;
receiving timely and appropriate payment for the provided living space from the tenant.

Among the responsibilities we can list the following (Article 676 of the Civil Code of the Russian Federation, Article 65 of the Housing Code of the Russian Federation):

transfer to the tenant of free living space in a condition suitable for habitation;
implementation of proper operation of a residential building, timely repairs, ensuring the provision of housing and communal services to the tenant.

The following differences can be identified between these contractual structures:

Only an individual can rent living space under a rental agreement (Clause 1, Article 677 of the Civil Code of the Russian Federation). A legal entity can obtain living space for similar purposes only under a lease agreement or by concluding an agreement of another type (clause 2 of Article 671 of the Civil Code of the Russian Federation).
A lease agreement concluded for a period of more than 12 months is subject to state registration. The lease agreement is not registered, but the encumbrance of the right to the object is registered.
The lease agreement is concluded for any period by agreement of the parties. The second of the contractual structures under consideration is for a period of no more than 5 years (clause 1 of Article 683 of the Civil Code of the Russian Federation), although this requirement is not relevant in relation to a social tenancy agreement (clause 2 of Article 60 of the Civil Code of the Russian Federation).
Early termination of a lease agreement at the initiative of the parties occurs in court (Articles 619, 620 of the Civil Code of the Russian Federation). The rental agreement is terminated at the initiative of the lessor only through the court and in cases established by law (clause 2 of Article 687 of the Civil Code of the Russian Federation). The list of rights of the tenant of a residential premises includes the right to terminate the contract at any time with the consent of all other persons living in the premises, and provided that the other party to the contract is informed about this 3 months before termination.

So, the list of obligations and rights of the tenant of a residential premises, as well as the list of rights and obligations of the landlord, are regulated by law. At the same time, the rights and obligations of tenants of residential premises may be supplemented by the landlord to the extent that this does not conflict with the requirements of the law by introducing relevant provisions into the rental agreement. The employer himself can do the same.

Our articles on this topic may also be useful to the reader:

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.

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).

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.

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Privatization of housing under a social tenancy agreement is one of the key rights of a Russian citizen, which allows you 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 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.

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.

For many today, the issue of using someone else’s housing is relevant - is it social or commercial rental. These methods of obtaining a “roof over their head” for a fee are used by citizens who do not have the opportunity to buy living space as their own. The specifics of the rights and obligations of such persons will be discussed later in the article.

A tenant is a legally capable person over 18 years of age living in a residential premises under a social or commercial tenancy agreement.

The owner of an apartment (lessor) transferred under a social tenancy agreement is the state or municipality, and the owner of a commercial tenancy is an individual.

Regardless of what is stated in the social rent agreement, a citizen may have all the rights and must fulfill all the duties listed in Article 67 of the RF Housing Code and Chapter 35 of the RF Civil Code.

What rights are available to the employer?

use residential premises;
move other people into the rented living space (on a permanent basis);
sublease this premises;
move in temporary residents.

The tenant has no fewer responsibilities in relation to the occupied space than rights, namely:

use the premises according to its purpose and in accordance with the Housing Code of the Russian Federation;
ensure its safety and maintain its normal condition;
carry out routine cosmetic repairs;
pay for accommodation and utilities on time;
inform the landlord within the time period established by the contract about changes in the grounds and conditions that allow living in the residential premises.

Read more about the above rights of an employer.

The main guarantee of permanent residence in one's home is the constitutional principle of inviolability of the home. That is, no one can invade a citizen’s home or evict him from there without good reason (except for an official order from a government agency).

The tenant can live in the residential premises not only with his family, but also with third parties (this may not necessarily be his relatives). In this case, two conditions are sufficient for incorporation:

the will of the employer;
the landlord's consent to move in (it is not necessary to obtain it if a minor is moving in).

Strangers can move in only if, in the end, the total area requirement for each person is met. It is established by housing legislation. An exception to this rule is minor children, who can be accommodated in any case.

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If a citizen nevertheless moves someone into a living space, then these persons must be included in the previously concluded tenancy agreement (social or commercial).

Thus, in this part the rental agreement will change, about which an additional agreement will be drawn up, signed by both parties (Article 677 of the Civil Code of the Russian Federation).

The tenant, with the consent of the landlord, may transfer all or part of the living space for use to the subtenant. A corresponding agreement on sublease is concluded between the tenant and the new tenant, the term of which cannot be longer than that established in the lease agreement (5 years).

The subtenant, in connection with the settlement, has an obligation to pay for the use of housing, but he does not have an independent right to use it. The tenant bears all responsibility to the landlord for the safety of the rented living space.

The features of subhiring are as follows.

A citizen who decides to sublet real estate is not obliged to ask for the consent of all the tenants who permanently live with him.
When moving someone in under a sublease agreement, the tenant must include in the contract a mandatory condition regarding compliance with the requirements of the housing law regarding the standard of total living space per person.
The sublease fee is set by agreement of both parties.
Termination of the lease agreement before the period specified in it entails the automatic termination of the sublease agreement, without the possibility of the subtenant to renew it.

Such tenants can move into the rented living space only with the consent of all parties to the contract: the tenant himself, all the tenants who permanently live with him, and the landlord. You cannot move anyone in without notifying the latter.

And in this case, the rule about the area norm applies. If, after the temporary residents move in, there is not enough established minimum square meters for each citizen, then the landlord has the right not to allow such move-in. Therefore, the employer will not be able to limit himself to simply notifying the owner.

Signs of temporary residence:

period of residence - up to 6 months (obliged to vacate the premises upon expiration of this period or within 7 days after any permanent resident or landlord demands to move out - part 3 of article 680 of the Civil Code of the Russian Federation);
free use;
all responsibility for damage to property lies with the tenant;
Additional payment of utilities for temporary residents lies with the tenant, which is concluded in an additional agreement to the contract, valid for the duration of their stay (Article 155 of the Housing Code of the Russian Federation).

The law also establishes other rights of the employer. For example, the right to exchange or replace residential premises, the right to demand that the landlord promptly carry out major repairs of the house, provide utilities, etc. (Article 67 of the Housing Code of the Russian Federation).

Such a procedure is possible in relation to citizens registered in the living space; it is carried out by the court if certain facts exist, which will be discussed below.

The tenant does not pay for utilities and rental housing. The law has established a minimum period for eviction if payment for accommodation has never been received during this period - this is 6 months. In the event that the tenant does not repay the debt beyond this period and does not intend to make attempts to do so, the owner in relation to him can begin the process of recognizing the loss of the right to live in the rented premises.
Damage or destruction by a citizen of the occupied living space. The basis for going to court will be the unlawfulness of the employer’s actions and their systematic nature. For example, if an old faucet was installed in the apartment and it burst, and as a result it happened later, this will not be a reason for eviction. But, for example, the installation of a heater, which resulted in a fire in the apartment, will serve as a valid basis for going to court. To do this, you will need to draw up and submit a statement of claim to recognize the tenant as having lost the right to continue living in this residential area. The owner will be able to take such radical measures if the tenant, at his own expense, does not eliminate all the consequences of damage to the property.
Systematic violation of the rights of neighbors and their legitimate interests: violation of the rules of silence, a large number of pets or garbage in the apartment, etc. In other words, these are those actions that make it impossible for neighbors to live next to the tenant.
Use of housing for purposes other than its intended purpose: for an office, warehouse or small production. Such actions are prohibited by paragraph 1 of Art. 17 of the Housing Code of the Russian Federation, since the residential premises are intended specifically for individuals to live in, and therefore a citizen cannot use it for any other purposes.

The employer against whom a court decision has been made has the right to appeal this document in a higher court (territorial, regional, etc.) within a month from the date of the decision in full. To do this, he will need to draw up an appeal in accordance with the requirements of Chapter 39 of the Code of Civil Procedure of the Russian Federation.

When renting housing, a citizen is recommended, first of all, to study his main responsibilities in order to be able to live in it for a long time. At the same time, it is important to remember your rights as a tenant in order to prevent abuse by the landlord.

Attention! Due to recent changes in legislation, the information in this article may be out of date. However, each situation is individual.

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).

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 be able to conclude a deal (to 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.

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).

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The rights of the tenant of residential premises are prescribed in various articles of Chapter. 35 of the Housing Code of the Russian Federation (i.e., there is no single norm that establishes the list of powers).

Having analyzed the provisions of the Civil Code, we can conclude that the tenant of a residential premises has the right:

Own and use housing (Clause 1, Article 672 of the Civil Code of the Russian Federation).
Use common property, the list of which is prescribed in Art. 290 of the Civil Code of the Russian Federation: common premises of the house, load-bearing structures, general sanitary and technical equipment.
Continue to own and use real estate even if the ownership of it has passed from the lessor to another person (Article 675 of the Civil Code of the Russian Federation).
Require the tenant to bring the housing into a condition suitable for habitation (clause 1 of Article 676 of the Civil Code of the Russian Federation).
Moving minors into an apartment without the consent of the landlord (Article 679 of the Civil Code of the Russian Federation).
Move any citizens into an apartment with the consent of the renter (Article 679 of the Civil Code of the Russian Federation).
Carry out reconstruction and refurbishment of housing with the consent of the other party to the transaction (Article 678 of the Civil Code of the Russian Federation).
As a matter of priority, conclude a new agreement for the next term (Article 684 of the Civil Code of the Russian Federation).
Terminate the contract at any time by notifying the renter 3 months in advance (Clause 1, Article 687 of the Civil Code of the Russian Federation).
Terminate the deal through the court if it is impossible to live in the home due to its improper improvement.

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.

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).

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.

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.

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.

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.

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.

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.

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.

In this case, the lessor is obliged:

Transfer the housing according to the acceptance certificate within 10 days after the conclusion of the contract.
Take part in the repair of the common property of the house and its maintenance.
Carry out major repairs.
Inform the tenant about major repairs and reconstruction of the house one month before the start of work.
Provide the tenant with utilities.
Monitor the quality of provision of such services.
Inform the tenant about changes in prices for housing repairs, its maintenance, and utilities.
Accept housing after termination of the contract according to the acceptance certificate.

Thus, tenants of residential premises are the persons receiving housing for temporary possession and use, and landlords are the persons who transfer such housing first. The legislation quite clearly defines the list of rights and obligations of both parties under contracts for commercial and social rental of residential premises, however, a detailed presentation of these points in contracts is also desirable, since it will avoid the emergence of controversial situations in the future.

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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.

1. Duties and responsibilities of a residential tenant under a social tenancy agreement and rental of residential premises

1.1. The obligations of the tenant of residential premises under a social tenancy agreement are set out in Part 3 of Art. 67 LCD. The tenant of a residential premises under a social tenancy agreement is obliged to use it for its intended purpose and within the limits established by the Housing Code. The residential premises are intended for living. It is not allowed to locate industrial production there (Part 3, Article 17 of the Housing Code). Let us recall that, along with living in residential premises (the direct purpose of housing), certain categories of persons carry out certain professional or entrepreneurial activities in this premises: home workers, writers, scientists, etc. To prohibit such activities would be an unjustified restriction of the rights of citizens. The Housing Code allows the use of residential premises for the purposes indicated above, if this does not violate the rights and legitimate interests of other citizens, as well as the requirements that the residential premises must meet. The main requirements for carrying out such activities are (in addition to respecting the interests of neighbors) compliance with: rules for the use of residential premises; procedure for using utility networks and equipment; standards applied to noise levels; fire safety requirements; sanitary-hygienic, environmental and other requirements (parts 2 and 4 of article 17). The tenant is obliged to maintain the proper condition of the residential premises; ensure the safety of living quarters; carry out routine repairs of the premises (clauses 2-4, part 3, article 67 of the Housing Code). It should be noted that issues of maintenance and use of housing stock are given a significant place in the legislative system. Thus, current legislation imposes obligations on citizens - users of residential premises: to treat the occupied residential premises with care; use housing in accordance with its purpose, i.e. to meet their housing needs. In turn, the most important responsibility of the owner of the housing stock is to ensure its safety, increase its service life, and competently organize the maintenance and repair of the housing stock. The tenant is obliged to pay rent and utilities on time. This obligation arises from the moment the social tenancy agreement is concluded (clause 1, part 2, article 153 of the Housing Code). Payment for residential premises and utilities for the tenant of residential premises occupied under a social tenancy agreement includes (Article 154 of the Housing Code): - payment for the use of residential premises (rental fee); - payment for the maintenance and repair of residential premises, which includes fees for services and work on managing an apartment building, maintenance and routine repairs of common property in an apartment building. Major repairs of common property in an apartment building are carried out at the expense of the owner of the housing stock; - utility bills. Payment for residential premises and utilities is paid monthly before the 10th day of the month following the expiration of the month, unless a different period is established by the management agreement for the apartment building (Part 1 of Article 155 of the Housing Code). Clause 6, Part 3, Art. 67 of the Housing Code provides for the obligation of the tenant of a residential premises 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. Significant in this sense should be considered a significant increase in the well-being of the family, as a result of which it ceases to be considered poor. The consequence of this should be the establishment of a fee for renting residential premises in accordance with Art. 154 LCD. Let us remember that, according to Part 9 of Art. 156 of the Housing Code, low-income citizens occupying residential premises under social tenancy agreements are exempt from paying fees for the use of residential premises - rental fees. To a significant extent, the responsibilities of the tenant of residential premises are contained in the Rules for the Use of Residential Premises. According to clause 10 of the Rules, the tenant is obliged to: - use the residential premises for their intended purpose and within the limits established by the Housing 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 work from being carried out in the residential premises or 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 , as well as comply with fire safety, sanitary, hygienic, environmental and other legal requirements; - 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 appropriate management organization; - carry out routine repairs of residential premises; pay rent and utilities on time; - 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 the landlord’s employees or authorized persons, representatives of state control and supervision bodies to enter the residential premises at a pre-agreed time 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; - do not 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 landlord in good condition the residential premises, sanitary-technical and other equipment located in it, according to the act, 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 make repairs at your own expense, as well as pay off debts for housing and utilities. The rights and obligations of a residential tenant under a social tenancy agreement are also contained in the Model Social Tenancy Agreement for residential premises. The essential obligation of the user of the residential premises (tenant, members of his family, etc.) is to respect the rights and legitimate interests of citizens and neighbors living in this residential premises (Part 4 of Article 17 of the Housing Code). Article 83 of the Housing Code contains, among the grounds for termination of a social tenancy agreement at the request of the landlord, systematic violation of the rights and legitimate interests of neighbors. 1.2. The obligations of the tenant of residential premises under a commercial lease agreement are determined by Art. 678 Civil Code. The tenant is obliged to use the residential premises only for living. Ensure the safety of the living space and maintain it in proper condition. Part 2 of this article provides that the tenant does not have the right to carry out reconstruction and reconstruction of residential premises without the consent of the landlord. The most important obligation of the tenant is the timely payment of rent for residential premises (Part 3 of Article 678 of the Civil Code). The amount of payment for residential premises is established by agreement of the parties in the rental agreement for residential premises. If, in accordance with the law, the maximum amount of payment for residential premises is established, the payment provided for in the contract should not exceed this amount (clause 1 of Article 682 of the Civil Code). A unilateral change in the amount of the fee is possible only in cases provided for by law or agreement (clause 2 of Article 682 of the Civil Code). The deadline for paying the fee is established by the contract. If this period is not provided for in the contract, the payment must be paid by the tenant monthly in the manner established by the Housing Code (clause 3 of Article 682 of the Civil Code). The obligation of the tenant under the rental agreement for residential premises is its current repair, unless otherwise provided by the agreement. As for the major repairs of residential premises, this is the responsibility of the landlord, unless otherwise provided by the rental agreement for residential premises. The obligations of the tenant under the rental agreement are also determined by the Rules for the Use of Residential Premises (clause 24). The use of residential premises, we remind you, is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary and hygienic and other legal requirements (Article 17 of the Housing Code; clause 6 of the Rules). 1.3. The legislator has paid considerable attention to the issues of liability under residential tenancy agreements (both social and commercial). According to Art. 68 of the Housing Code, the tenant of a residential premises under a social tenancy agreement bears the responsibility provided for by law. The basis of liability is the person’s guilty behavior. The consequence of a violation of housing legislation may be the termination of a social tenancy agreement (Article 83 of the Housing Code) or the loss of the right to use residential premises. According to Part 4 of Art. 83 of the Housing Code, termination of the contract is permitted in court in the event of: 1) failure by the tenant to pay for residential premises and (or) utilities for more than 6 months; 2) destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible; 3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises; 4) use of residential premises for other purposes. Responsibility in case of late payment of housing and utility bills is also provided for in Art. 155 of the Housing Code, namely: collection of penalties. Article 687 of the Civil Code provides for the termination of a “commercial” rental agreement for residential premises at the request of the landlord in the following cases: the tenant fails to pay for the residential premises for 6 months, unless the agreement establishes a longer period; destruction or damage to residential premises; use of housing for other purposes; systematic violation of the rights and interests of neighbors. 1.4. The Housing Code does not contain a list of violations of legislation on the use, maintenance and safety of the housing stock (and so on), as was provided for in the previously effective Code. Article 154 of the RSFSR Housing Code contained such a list, referring in matters of responsibility to criminal, administrative and other legislation. This issue was resolved similarly by the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” (Part 2, Article 4). Article 68 of the LC also refers to other areas of legislation, the provisions of which provide for certain liability. Thus, Article 7.21 of the Code of Administrative Offenses “Violation of the rules for the use of residential premises” provides for: damage to residential buildings, residential premises, as well as damage to their equipment, unauthorized redevelopment of residential premises or their use for other purposes shall entail a warning or the imposition of an administrative fine. Damage caused to residential buildings and residential premises is subject to compensation. Resolution of the Plenum of the USSR Supreme Council dated April 3, 1987 No. 2 determined: when resolving claims for compensation for damage caused as a result of destruction or damage to residential premises, courts are obliged to proceed from the provisions of Art. 47 Fundamentals of housing legislation on the responsibilities of citizens to ensure the safety of residential buildings, to take care of sanitary and other equipment in the house. Criminal liability may also arise in cases where the violation is in the nature of a crime. Citizens may be held criminally liable, in particular in cases of intentional or careless destruction or damage to property (Articles 167, 168 of the Criminal Code). Thus, destruction or damage to residential premises may be a consequence of illegal actions of citizens (for example, deliberate arson). Issues of liability for violations of obligations for the use of housing were given great importance at almost all stages of the development of legislation. Decrees adopted in 1922 provided for eviction from occupied dwellings in case of failure to pay for “services of public utility enterprises” and misuse of them; in case of a predatory attitude towards housing, leading to its destruction, or “non-payment of rent”. According to Art. 160 of the Civil Code of the RSFSR of 1922, the employer was obliged to use the hired property for its intended purpose. Article 176 of this Code established that in the event of deterioration or depreciation of property through the fault of the tenant, the latter is obliged to compensate the landlord for the losses that have occurred, Art. 171 - early termination of the contract if the “tenant” has not paid the “rent” within 3 months from the date of payment expiration. The resolution of the Council of People's Commissars of the RSFSR dated May 16, 1938 provided for the collection of penalties for late payments for utilities and so on. In the 1960s, a number of regulations were adopted establishing liability for failure to comply with obligations for the use of residential premises. The fundamentals of civil legislation contained an independent chapter - “Renting residential premises”; Art. 57 Fundamentals provided for the obligation of the tenant to pay rent; Art. 90 - termination of the contract in cases of systematic destruction or damage to residential premises and eviction of those responsible without providing other residential premises. Responsibility for violations of housing legislation was provided for in a significant volume of the RSFSR Housing Code.

Long-term absence from residential premises owned by citizens

In accordance with Art.
30 of the Housing Code of the Russian Federation, the owner of residential premises exercises the rights of ownership, use and disposal of residential premises belonging to him in accordance with its purpose and limits of use, and therefore has the right to provide it for possession or use to a citizen on the basis of rental agreements, gratuitous use or other legal grounds with taking into account the requirements established by law. Very often, in order to reduce payments for housing and communal services, the owners of residential premises who actually live in them go to court with claims to recognize that non-residents who are registered there at the place of residence and who are also charged for housing and communal services have lost the right to use them.

Practice. The plaintiff filed a lawsuit against the defendant to recognize him as having lost the right to use the residential premises, indicating that she is the owner of the residential premises.

The plaintiff indicated that <...> her grandson was born, who was later included in the apartment card (was registered at the place of residence). In <…> her son divorced, his ex-wife and her child moved permanently to another city, and the plaintiff’s son with <…> permanently resides in Canada. According to her son, she knows that her grandson was adopted and his last name was changed. Currently, she does not know where her grandson lives, because... contact with him has been lost.

From the explanations of the witnesses it followed that the defendant lived in the disputed apartment as a child; currently does not live in the apartment, and his parents do not live in the apartment either.

The extract from the house register indicates that the defendant did not receive a passport at the specified address, and this confirms the plaintiff’s arguments about his leaving this residential premises as a minor.

The court with references to Art. 30, part 1 art. 31 LC RF, Art. 288, 304 of the Civil Code of the Russian Federation concluded that the defendant left for another permanent place of residence and does not live in the apartment, is not a member of the owner’s family, and recognized him as having lost the right to use the residential premises (decision of the Pervorechensky District Court of Vladivostok, Primorsky Territory dated 20.10 .2011 in case No. 2-4193/11).

As judicial practice shows, in the event of a long absence of former family members of the owner, the courts, satisfying such demands, refer not to a long absence and moving to another place of residence as a basis for satisfying the claim, but to the termination of family relations with the owner, provided for in Art. 31 of the Housing Code of the Russian Federation (decision of the Leninsky District Court of the Tula Region dated 02/15/2011, decision of the Stanovlyansky District Court of the Lipetsk Region dated 12/27/2010 in case No. 2-961/10, decision of the Prokhladnensky District Court of the Kabardino-Balkarian Republic dated 07/21/2010 G.).