The rights and obligations of the owner and tenant of residential premises are regulated by Art. 30 and Art. 67 of the Housing Code of the Russian Federation.
Privatized housing
The OWNER exercises the rights of possession, use and disposal of the residential premises belonging to him on the right of ownership. He has the right to provide his housing to another citizen on the basis of a contract of employment, a contract for gratuitous use, a donation. It can also provide its housing to a legal entity on the basis of a lease agreement or on another legal basis, subject to the requirements established by civil law.
The Housing Code obliges the owner to independently bear the costs of maintaining their housing. This also applies to the owner living in a multi-storey building - the maintenance of the common property of an apartment building is the responsibility of the owners of this building.
According to paragraph 2 of Art. 31 of the Housing Code of the Russian Federation, members of his family have the right to use residential premises on an equal basis with the owner. Paragraph 1 of Art. 31 of the Housing Code of the Russian Federation refers to the family members of the owner of the spouse, children and parents living together with him. Other relatives, disabled dependents and, in exceptional cases, other citizens may also be recognized as family members if they are moved in by the owner as members of their family. In the event of termination of family relations with the owner of the residential premises, the right to use this residential premises is NOT RESERVED for the former family member of the owner of this residential premises, unless otherwise established by agreement between them (clause 4, article 31 of the LC RF).
In a privatized apartment, after the death of the owner, complex inheritance relations very often arise, because there may be several owners.
The law establishes that the privatization of residential premises is carried out exclusively on a voluntary basis and with the consent of all those living in the apartment at the time of privatization. If at least one of the residents refuses to participate in privatization, the apartment is not subject to privatization. If the apartment is not privatized, then it is municipal.
Non-privatized housing
Family members living in a non-privatized apartment have equal rights with the tenant under a social tenancy agreement for the use of residential premises.
Unlike the owner of housing, who can move any citizen into his apartment as a family member, the tenant can do this only in relation to his spouse, children, parents. Other relatives and just close people can be recognized as family members only if certain conditions are met (for example, maintaining a common household with the employer). After the death of the employer, any adult capable member of the family can apply for the conclusion of a social contract of employment. After the breakup of the family, former family members registered in the apartment continue to enjoy the same rights as before.
In a non-privatized apartment, the overhaul costs are borne by the municipality. If the house is demolished, then the tenants are provided with an equivalent comfortable apartment, and the housing is redeemed from the owners AT THE MARKET PRICE (unless otherwise agreed, for example, the provision of housing). The buyout and appraisal procedure can take a long time, sometimes for years. And only if local governments have the opportunity, the owner can be provided with housing, offsetting the cost of the housing that he owned.
A privatized apartment, in accordance with the norms of civil and housing law, can be sold, donated, bequeathed, disposed of in any other legal way, which cannot be done with non-privatized housing.
from 31/12/2018
In the Housing Code of the Russian Federation, family members of the owner or tenant of a dwelling occupy an important place. It would seem that there is an owner of the apartment (residential premises). And only he has the rights: to own, use, dispose of property. Or the tenant under the contract of employment has certain rights, except for the order. Only he decides who can move in, live in housing, and who and when to evict.
However, legal regulation in the sphere of housing relations is based on somewhat different principles. Being in the status of "family member of the owner (tenant)" plays a key role in choosing a method. Even the owner must take into account this fact.
Let's see who belongs to family members, what is the peculiarity of their status, what rights they have, and how they can be protected, taking into account the rights of the owner (tenant).
The answer to this question is contained in Art. 31 of the Housing Code of the Russian Federation. It's not so much a circle:
In the case when housing is provided according to, the status of a family member is acquired in a different way (Article 69 of the LC RF). The circle of persons is the same, but by virtue of the direct indication of the law, such persons must be indicated in the social contract of employment. Move-in (does not belong to the first category) is possible not only with the consent of the landlord, but also of all other family members. This requirement does not apply to the placement of minor children with their parents.
Persons living together with the owner or tenant to protect their rights in the event of various disputes can sue.
What gives the status of a family member? They have the right to use housing. On a par with the owner (tenant) of the dwelling. Well, use is understood as actions that do not include the right to own housing (that is, rent it out, move in other persons (except for minor children) without obtaining consent), dispose of it (sell, donate, assign, etc.).
If we are talking about family members of the owner of the dwelling, then such persons have the right to conclude an agreement with the owner, who specifies the procedure for use. For example, they may be given a specific room to stay. The amount of utility bills has been determined.
A family member of the owner or tenant can sue if there are disputes with the owner. They have the right to go to court with, regardless of the opinion of the owner.
The family members of the owner (tenant) of the dwelling have responsibilities - to use the dwelling for its intended purpose, to ensure the safety of property. In addition, they bear joint and several (together with the owner) liability for obligations from the premises (payment of utility bills, compensation for damage due to the bay, etc.). Only those family members in respect of whom a decision was made to recognize them as incapacitated are released from liability.
A family member of the owner of a dwelling loses the right to use it in the following cases:
When the status is lost, the right to use housing is not retained. As a general rule. The exceptions are:
In the latter case, a former family member of the owner may sue, and the owner may refer.
Former members of the tenant's family, by virtue of the law, have the right to continue to use the premises if they do not leave it of their own free will.
Clarifying questions on the topic
Vladimir
legal adviser
Vyacheslav
legal adviser
Vasilina
legal adviser
Tenant is a term that can be used in several ways in the modern legal framework.
Previously, this concept was introduced to refer to citizens who lived in. Currently, the percentage of council housing is declining, most of it is moving into.
Now tenants are called not only those who occupy housing on the basis of, but also those who rent an apartment, a room from a private person.
In accordance with the Housing Code of the Russian Federation, the term tenant is understood as a citizen who lives in an apartment after the conclusion of a social tenancy agreement with the municipality.
In practice, tenants also include those citizens who simply take.
This concept has appeared since the days of the USSR. During this period, all housing belonged to the state, and people were temporary tenants. Today, in order to get residential real estate under a social contract, you need to be recognized.
Citizens are recognized as needy by local municipalities. To do this, it is necessary that they meet the requirements established at the legislative level.
An agreement between a needy citizen and the Administration of a district or city is concluded for an indefinite period. This means that tenants can live in a rented apartment for any amount of time. The tenant has the right to settle his close relatives in the rented property.
State and municipal apartments that are rented out under a social tenancy agreement can be.
The rights and obligations of homeowners are clearly delineated by law. According to the term responsible tenant should be fully responsible for housing before the state. This term does not appear in this legislation.
This is a resident who lives in an apartment under a social tenancy agreement and gets a warrant. But at the same time, all other tenants who live in this housing on the basis of social tenancy continue to have the same rights and obligations as a responsible tenant.
Separately, the concepts of a responsible tenant are separated in privatized and municipal housing. Municipal housing can be provided to citizens only on the basis of a social tenancy agreement. Until 1995, such apartments were settled on the basis of a warrant, after 1995, contracts replaced the warrants. Since their inception, the notion of a tenant has evolved into an employer.
tenant only an adult citizen of the Russian Federation who is fully capable can become. A contract of social employment cannot be signed with citizens of foreign countries.
The rights and obligations of the tenant and his family members are spelled out in the Housing Code of the Russian Federation.
Main responsibilities which are imposed on these persons:
To rights relate:
At the end of the term of the contract, the tenant has the priority right to conclude a new one.
The responsible tenant is the main owner of the dwelling.
If the apartment is further privatized, he will be the owner. At the same time, he is endowed with both certain rights and a number of duties.
Responsible tenant in a privatized apartment has the right to:
Responsibilities these persons are enshrined not only in the Housing, but also in the Civil Code. The main ones are:
In addition, the responsible tenant is required to participate in major repairs.
The main questions most often relate to the registration of tenants. If we are talking about a privatized apartment, then the owners are afraid to register their tenants. But it is important to remember that this violates the law. And the owner can be punished with a fine for having a citizen living with him without registration.
You can register a tenant both on and on an ongoing basis. It is most advantageous to issue temporary registration, since after the expiration of the period the citizen will be automatically deregistered.
With permanent registration, there may be a problem with the statement. If a citizen refuses to voluntarily be discharged, this will have to be done through the courts.
Remove a citizen renting housing from the registration register possible under the following circumstances:
If an extract is made based on a court decision, then the owner of the apartment can independently apply to the territorial department of the FMS, providing a court decision. On this basis, the extract is made without the consent of the citizen himself.
Often residents of municipal apartments are faced with the question change of responsible tenant. This may be required in the event of or absence of it within six months. In such a situation, residents must apply to the municipality administration with an appropriate application.
After it is changed, you must contact the Housing Office to reissue personal accounts. This is necessary so that utility bills come to another owner.
If the death of a single tenant occurs, then the contract is automatically terminated and the apartment again becomes at the disposal of the municipality.
In public housing, the responsible tenant has the right to register his close relatives. In this case, it will be necessary to provide the consent of all citizens already registered in this apartment. The exception is . It is made automatically at the place of residence or place of residence of the parents. If they are registered in public housing, the consent of the other tenants is not required.
An important point is that when registering close relatives in municipal housing, it is not taken into account per person. If we are talking about the registration of a third party, it may be denied if the norm of square meters per person is not observed.
When living in an apartment, tenants are required to pay for all services provided by utilities. Payment is made on the basis of invoices issued. Each apartment has its own personal account, according to which payment is fixed.
Often there are situations when the tenant pays for the accommodation itself, but does not pay for utilities. The obligation to pay utility bills is regulated depending on the form of employment in question.
If the tenant lives in the apartment on the basis of a social contract, then the entire payment on the bills falls on him. If housing is rented from a private person, then the issues of payment for utilities are regulated by the contract.
If the tenant not paying bills for more than six months, he may be evicted, the contract of employment with him will be terminated.
Thus, a responsible tenant is a citizen who has limited rights to a property. They consist in the right to live in a residential area, while he does not have the right to dispose of it.
See the following video about the rights and obligations of tenants of residential real estate:
In life, various situations may arise in which you do not know how to behave, how to properly respond to some claims or demands of the owner. We will look at a few laws that will help you understand the situation and feel confident. We do not give the wording of the articles themselves, indicating only the number of the article of the Civil Code of the Russian Federation. Let's look at some of the subtleties in accordance with the letter of the law. Knowing your rights, you can avoid many unpleasant situations for both parties by concluding housing rental agreement.
So, let's look at some laws with a little explanation:
Article 671 of the Civil Code of the Russian Federation Residential lease agreement
When you rent an apartment or rent it out, you must conclude. The tenancy agreement is concluded in writing ( Art. 674 of the Civil Code of the Russian Federation). Do not neglect the preparation and signing of this document, even if they are your acquaintances, relatives, friends or just good people, since it is he (the contract) who will be the guarantor of your safety in the future under any circumstances. The contract states that one party (the tenant) pays a fee for living in the apartment to the other party (the landlord), the landlord, in turn, provides the tenant with an apartment for living ( Art. 671 of the Civil Code of the Russian Federation). The main words in this contract: contract and payment.
Article 673(second part of the article) Civil Code of the Russian Federation The object of the contract for the rental of residential premises
Not all tenants are aware that, in accordance with article 673 of the Civil Code of the Russian Federation, if you rent housing by entering into a long-term contract (no more than 5 years and at least a year - a short-term housing contract), then you can use, for example, a basement, as if would be a homeowner. This part of the article points to just that.
Article 675 of the Civil Code of the Russian Federation Preservation of the tenancy agreement upon transfer of ownership of the dwelling
For example, the owner of the apartment you are renting decides to sell it and immediately evicts you. What to do? Are you packing to look for another place to live? Do not rush to fulfill the requirements of the owner, since, oddly enough, the law is on your side in this case! You can continue to live in this apartment quite calmly: you pay for it and have every right not to let anyone into this apartment (this applies to both long-term and short-term contracts). You can, for example, agree on a reduction in the price of housing, arguing that the visits of people to inspect the apartment interfere with you, take up your time. If the owner of the apartment has decided to sell it, then this should not concern you and your rights in any way (recall that when you had to conclude a rental agreement for the residential premises that you are renting, as this will be the only guarantor of your rights). In the presence of such an agreement, you legally reside in the territory of this very apartment. Violation of the law will be on the part of the landlord, who makes demands on you to move out. By the way, he (the owner) must bear the costs associated with your search for a new home and moving to another apartment, and not vice versa.
What if the owner has changed? You can live in this apartment as before, as the contract concluded with the previous owner is also valid with the new owner.
Article 677 of the Civil Code of the Russian Federation The employer and citizens permanently residing with him
When concluding an agreement with the landlord (meaning a long-term agreement for a period of not more than 5 years), you must specify the persons living with you, this rule does not apply when concluding a short-term agreement (less than a year, Clause 2 of Art. 683 of the Civil Code of the Russian Federation). If this is not recorded in writing, then you must discuss this fact orally with the landlord. Persons living with you as a tenant have the same rights to use the apartment, house or part of them as you do. As a tenant, you will be responsible for those who live with you in case of violation of the terms of the rental agreement. It is better, of course (this is allowed by the law), if friends, relatives, etc. living with you, conclude an agreement with the landlord that they, together with you, are responsible for rented housing.
Article 680 of the Civil Code of the Russian Federation Temporary residents
You (in this case, we consider you as a tenant) and everyone who lives with you in a rented apartment, house or part of it, with your consent or by notifying the landlord in advance, can allow temporary residents to live with you free of charge, but responsibility for their actions You, as the employer, are fully responsible (this is only in the case of a long-term contract). Temporary residents cannot manage their own housing. The owner of the dwelling may also prohibit temporary residents from settling in his apartment or house if the total area of housing per person does not meet the standards prescribed by law. And the period during which temporary residents can settle with you should not exceed 6 months.
Article 681 of the Civil Code of the Russian Federation Refurbishment of a rented property
This article tells us that the current repair of an apartment, house or part of it (that is, the place where you live) is your responsibility as a tenant, if some other conditions were not specified in the tenancy agreement. But the overhaul of the housing you rent is the responsibility of the landlord, again, unless otherwise stated in your contract. And if, for example, you suddenly want to redevelop the very place where you live, then moderate your ardor, this is only with the consent of the owner. However, you can claim compensation for the cost of work performed (inseparable improvements) from the landlord if lease agreement was terminated ahead of schedule, and improvements were made with the consent of the landlord ( Clause 2 of Article 623 of the Civil Code of the Russian Federation ), but the contract may provide for a different procedure.
Article 683 of the Civil Code of the Russian Federation Term in a tenancy agreement
It is possible to conclude a residential lease agreement for a period of 5 years, no more. But, if you did not specify the exact period in the contract, then it is considered concluded for 5 years.
If you have a short-term contract (up to a year), then you cannot, for example, allow friends to live with you for some time as temporary residents.
Article 684 of the Civil Code of the Russian Federation Preemptive right of the employer to conclude a contract for a new term
If you rent an apartment on a long-term basis (we remember that this is done for a maximum of 5 years), you have the right to conclude a contract for renting a dwelling (rent of an apartment) for a new term. Moreover, the landlord must, 3 months before the expiration of the previous contract, offer you, as a tenant, to conclude a new contract (renting an apartment) for hiring housing on the same conditions or new ones.
An interesting fact and not one. We read carefully:
1. if the landlord has not fulfilled his obligation, and you, in turn, have not refused to renew the contract, then you can consider that your contract has been extended again for 5 years and on the same terms;
2. if the owner refused to renew the contract, arguing that he was no longer going to rent out the apartment, but did so within a year, you have the right to demand that your contract be declared invalid and apply to him for compensation for the losses that you have suffered due to the refusal landlord to renew the contract with you.
Article 687 of the Civil Code of the Russian Federation
On the pages of our website, we provide a form of a short-term rental agreement with all the fundamental rights of the tenant, which are provided for when concluding long-term contracts. This document has collected only the best of legal practice in the field of commercial rental housing.
A tenant of a dwelling is a person who receives a dwelling from the landlord for the purpose of temporary use of it under social or commercial tenancy agreements. The landlord is the second party to the contract, which rents the premises to the tenant for money. After reading the article, the reader will learn about the rights and obligations of both employers and landlords under social and commercial employment contracts.
The procedure for hiring commercial and social housing is prescribed in Ch. 35 of the Civil Code of the Russian Federation. Additional regulation of the procedure for concluding such contracts is defined in Sec. III ZhK RF.
The first type of recruitment is commercial. According to Art. 672 of the Civil Code of the Russian Federation, two parties participate 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 contracts - agreements on social. hiring - lies in the specifics of the landlord. Housing is not in private ownership, but in state or municipal housing stock, that is, it belongs to the state. General provisions on such transactions are spelled out in Art. 673 of the 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 living in a dwelling.
A feature of the status of the tenant when renting housing under a social contract. employment is that he must meet certain criteria in order to be able to conclude a deal (be recognized as needy by registering accordingly). This is not typical for a commercial contract.
In all cases, only a citizen can be a tenant. This is due to the purpose of using the dwelling - only for living. If the employer is an organization, a contract is concluded with it not for hiring, but for rent.
Both organizations and citizens can rent 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 leased either by its owner or a person authorized by him.
An owner is a 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 USRN. You can check whether the landlord is the owner by requesting an extract from the USRN at the MFC or Rosreestr authorities. Authorized persons are landlords who do not have ownership of the property, but are entitled to rent out housing due to the existence of an agreement concluded with its owner (for example, trust management of property).
The rights of the tenant of the premises are spelled out in various articles of Ch. 35 of the LC RF (i.e., there is no single norm that fixes the list of powers).
Don't know your rights?
After analyzing the provisions of the Civil Code, we can conclude that the tenant of the premises has the right to:
The obligations of the employer are devoted to Art. 678 of the Civil Code of the Russian Federation, however, other articles of Ch. 35 of the Civil Code of the Russian Federation contain references to the need for the employer to fulfill certain requirements.
So, the employer must:
It should be noted that the contract may also establish other obligations that do not contradict the norms of the Civil Code of the Russian Federation, due to the operation 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 on the rights of a landlord under a residential lease agreement. In practice, they correspond to the duties of the employer.
Accordingly, the landlord has the right:
The list of obligations of the landlord is set out in Art. 676 of the Civil Code of the Russian Federation, according to which he is obliged:
The list of rights of the employer is prescribed in part 1 of Art. 67 LCD RF. In addition, it must be borne in mind that by Decree of the Government of the Russian Federation of 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 of the Civil Code of the Russian Federation.
As a result, the employer has the right:
Obligations of the employer under the social contract employment are reflected in Part 3 of Art. 67 LCD RF, as well as in sec. II Model agreement.
The tenant is obliged:
The rights and obligations of the landlord are enshrined in Art. 65 LCD RF, as well as paragraphs. 5 and 8 of the Model Agreement.
The landlord has the right:
In this case, the landlord must:
Thus, tenants of residential premises are persons who receive housing for temporary possession and use, and landlords are 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 the contracts is also desirable, since it will avoid disputes in the future.