Standard rental agreement for specialized residential premises: sample. Contract for specialized rental of residential premises. Contract for rental of specialized residential premises is

1. As an independent type of lease agreement, a lease agreement for specialized residential premises was identified for the first time in an existing residential complex. However, the concept of “specialized residential premises” appeared earlier. In Art. 1 of the Law of the Russian Federation of December 24, 1992 “On the Fundamentals of Federal Housing Policy” included the concept of “specialized residential building”. This category initially included hostels, hotels - shelters, houses of a flexible fund, special homes for single elderly people, boarding houses for the disabled, veterans and others. Thus, it was not individual premises that were initially considered as specialized, but houses as a whole, because Basically, we were talking about buildings, the layout and equipment of which were somewhat different from ordinary apartment buildings, which can be explained by the specifics of use.

In the Housing Code of the Russian Federation of the RSFSR, the concept of “specialized residential premises” appeared only with the adoption of the Federal Law on December 24, 2002 “On introducing amendments and additions to certain acts of the legislation of the Russian Federation aimed at developing the system of residential mortgage lending (borrowing).” In Art. 7 of the Housing Code of the Russian Federation, as amended by the Law of December 24, 2002, indicated that residential buildings and residential premises are intended for permanent residence of citizens, as well as for use in the prescribed manner as service residential premises, residential premises from housing funds for temporary settlement , dormitories and other specialized residential premises.

However, there was no comprehensive regulation of the regime of specialized residential premises. The Housing Code of the RSFSR contained separate provisions on the use of residential premises in houses of the temporary settlement fund, which included residential premises from the housing fund for the temporary settlement of forced migrants; residential premises from the housing stock for temporary settlement of persons recognized as refugees; residential premises from the housing stock for temporary accommodation of citizens who have lost their housing as a result of foreclosure on residential premises, which were acquired through a loan from a bank or other credit organization or funds from a targeted loan provided by a legal entity for the purchase of a residential house or apartment, and pledged to ensure repayment credit or targeted loan (Chapter 3.1) and on the use of residential premises in dormitories (Chapter 4).

At the same time, neither the Housing Code of the Russian Federation of the RSFSR, nor the Law on the Fundamentals of Federal Housing Policy classified office housing as specialized residential premises, although, in fact, it was also intended for living for a certain period of time and the regime of its use was close to the regime of specialized residential premises. . In particular, the lease agreement for these residential premises excluded subletting, replacement of the tenant, exchange of residential premises, etc.

The current LC refers to specialized housing stock Housing complex of the Russian Federation, service residential premises; residential premises in dormitories; residential premises of a flexible stock; residential premises in houses of the social service system; residential premises of the fund for temporary settlement of internally displaced persons; residential premises of the fund for temporary settlement of persons recognized as refugees; residential premises for social protection of certain categories of citizens.

An important innovation is that the Housing Code of the Russian Federation does not include private residential premises in the specialized housing stock, even if they are used for a similar purpose, for example, for the accommodation of employees of the organization during the period of work in it.

Relations between the temporary use of residential premises of a private fund, even if the premises are provided for temporary use in connection with work, study, etc., will be mediated by the rules on the rental of residential premises (Chapter 35 of the Civil Code), and if the relationship between the parties is gratuitous, by the rules on the loan agreement (Chapter 36 of the Civil Code). The interests of citizen-tenants whose residential premises are provided by a private owner for use in connection with work or training are ensured through other means. In particular, obligations to provide housing for certain categories of workers and the conditions for such provision may be included in a collective agreement, as well as employment contracts concluded with employees.

The obligation to provide residential premises to students of non-state educational institutions may be established by agreements on the provision of educational services, as well as by local regulations of the relevant educational institution.

So, at present, the regime of specialized residential premises applies only to residential premises included in the state or municipal housing stock (clause 2 of Article 92 of the Housing Code of the Russian Federation). However, the specialized housing stock in its purpose differs significantly from the housing stock for social use, which is in state and municipal ownership. The specificity of the purposes of providing residential premises also led to differences in the grounds for their provision, as well as the rights and obligations of the parties. Relations regarding the temporary use of specialized residential premises are mediated by a contract for the rental of specialized residential premises, and in social protection homes for certain categories of citizens - by a contract of free use (Article 99 of the Housing Code).

2. Under a contract for the rental of specialized residential premises, one party - the owner of the specialized residential premises (an authorized body of state power or an authorized body of local self-government acting on his behalf) or a person authorized by him (the lessor) undertakes to transfer this residential premises to the other party - the citizen (tenant) for payment for possession and use for temporary residence in it (clause 1 of article 100 of the Housing Code of the Russian Federation).

The above definition allows us to characterize the contract for the rental of specialized residential premises as consensual, compensated, bilaterally binding.

Specialized residential premises are provided on the basis of a decision of the owners of residential premises (the bodies authorized by them) or organizations authorized by the owner. These residential premises, as a general rule, are provided to citizens who do not have other housing in a given locality. The presence of suitable residential premises in another area does not in itself prevent the provision of specialized residential premises.

Landlord in the rental agreement for specialized residential premises there is a state authority, a local government body or the administration of an enterprise or institution under the economic control or operational management of which is the specialized housing stock.

Employer under such an agreement is a citizen who meets the requirements established for tenants of specialized residential premises of the corresponding type. For example, according to paragraph 3 of Art. 104 of the Housing Code, the contract for the rental of official residential premises is concluded for the period of labor relations, service or holding a government position in the Russian Federation, a government position in a constituent entity of the Russian Federation or in an elected position. The categories of citizens who are provided with official housing are determined by regulations of the authorized body of public education, which owns the housing stock.

The residential premises of the maneuverable fund are intended for temporary residence:

1) citizens in connection with major repairs or reconstruction of a house in which there are residential premises occupied by them under social tenancy agreements;

2) citizens who have lost residential premises as a result of foreclosure on these residential premises, which were acquired through a loan from a bank or other credit organization or funds from a targeted loan provided by a legal entity for the purchase of residential premises, and pledged to ensure repayment of the loan or targeted loan, if at the time of foreclosure such residential premises are their only ones;

3) citizens whose only living quarters have become uninhabitable as a result of emergency circumstances (Article 95 of the Housing Code).

The rental agreement for specialized residential premises is concluded in writing in accordance with the Standard Agreement. Decree of the Government of the Russian Federation dated January 26, 2006 No. 42 approved separate standard contracts for each group of specialized residential premises (except for the premises of social protection and social service houses).

Thus, the rights and obligations of the parties are standard for contracts for the rental of specialized residential premises of the same type; only the validity periods of these contracts will differ (usually they are established by indicating an event that must inevitably occur) and the conditions on the subject.

According to paragraph 3 of Art. 100 of the Housing Code of the Russian Federation, the lease agreement for specialized residential premises determines the subject of the agreement, the rights and obligations of the parties for the use of specialized residential premises.

Object of hire in this agreement is a residential premises. The peculiarity is that such premises are usually provided in the form of a separate room. The only exceptions are service residential premises (clause 1 of article 104 of the Housing Code). Therefore, usually the provision rate is determined not by the size of the total, but by the living space per person. This norm is six square meters per person. As for auxiliary premises, they are in the joint use of all or several tenants.

Since specialized residential premises are included in the state or municipal housing stock, the procedure and conditions for determining rental fees such residential premises are established in accordance with the Housing Code of the Russian Federation on payment for rental housing in the state and municipal housing stock. Consequently, the contract will not indicate a specific rental fee. The specific amount of the fee will be determined based on the occupied residential area or the total area of ​​the residential premises at rates established by local governments, and in Moscow and St. Petersburg - by the government authority of the relevant constituent entity of the Russian Federation (clause 2. 3 of Article 156 of the Housing Code).

Term of a contract is usually determined by indicating the occurrence of a certain circumstance. The range of these circumstances is specific for each type of specialized residential premises. Thus, termination of employment relations or tenure in a government position of the Russian Federation, a government position of a constituent entity of the Russian Federation or in an elective position, as well as dismissal from service is the basis for termination of the contract for the rental of office premises (clause 3 of Article 104 of the Housing Code).

The rental agreement for residential premises of the maneuverable fund is concluded for the period:

1) until the completion of major repairs or reconstruction of the house (when concluding such an agreement with the citizens specified in clause 1 of Article 95 of the Housing Code);

2) before completing settlements with citizens who have lost their residential premises as a result of foreclosure on them, after the sale of residential premises on which foreclosure was applied (when concluding such an agreement with citizens specified in paragraph 2 of Article 95 of the Housing Code);

3) until the completion of settlements with citizens whose only residential premises became unsuitable for living as a result of emergency circumstances, in the manner prescribed by law (when concluding such an agreement with citizens specified in clause 3 of Article 95 of the Housing Code).

The expiration of the period for which the rental agreement for residential premises of the flexible fund was concluded is the basis for termination of this agreement (clause 3 of Article 106 of the Housing Code).

Rights and obligations of the parties under a rental agreement for specialized residential premises, the rights and obligations of the tenant in a social tenancy agreement largely coincide. Therefore, in paragraph 5 of Art. 100 LC contains a norm referring to the provisions of individual articles of Chapter. 8 Housing Code of the Russian Federation. Thus, the obligations of the landlord to transfer to the tenant free of the rights of other persons residential premises are the same for social renting and hiring of specialized residential premises; participation in the proper maintenance and repair of common property in the apartment building in which the rented residential premises are located; carrying out major repairs of residential premises and ensuring that the tenant receives the necessary utilities of adequate quality (Article 65 of the Housing Code of the Russian Federation).

The tenant of a residential premises under a rental agreement for specialized residential premises, as well as the tenant under a social tenancy agreement, is obliged to use the residential premises for the intended purpose and within the limits established by the Housing Code of the Russian Federation, the Rules for the Use of Residential Premises; ensure the safety of living quarters; maintain the proper condition of the living space; carry out routine repairs of residential premises; pay rent and utilities on time; inform the lessor within the time period established by the contract about changes in the grounds and conditions giving the right to use residential premises under the relevant lease agreement.

The provisions of Art. 69 of the Housing Code of the Russian Federation on the rights and obligations of family members of the employer. It should be noted that although the legislation does not extend Art. 69 of the Housing Code of the Russian Federation for the rental of official housing, this does not mean that it is impossible for family members to move into the official residential premises. They just do not acquire an independent right to use residential premises, independent of the tenant. Termination of the right to use the tenant's official residential premises also entails the termination of the right of the tenant's family members to use this residential premises. Also, a former family member of the employer does not retain the right to use the official residential premises. At the same time, in some cases, taking into account the need for social protection of family members of the tenant of official housing, the legislator does not allow their eviction from residential premises without the provision of other residential premises (clause 2 of Article 103 of the Housing Code).

Effect of the provisions of Art. 69 of the Housing Code of the Russian Federation does not apply only to official housing. However, there are other types of specialized residential premises in which, based on their purpose, there is no provision for the possibility of moving in members of the tenant’s family. These are residential premises for social services, as well as residential premises intended for the social protection of certain categories of citizens.

Regardless of the type of specialized residential premises, the tenant does not have the right to exchange the occupied residential premises, as well as sublease it (Clause 4 of Article 100 of the Housing Code of the Russian Federation). Considering the special purpose of specialized housing and the urgent nature of its use, the legislation does not allow its privatization, with some exceptions (Article 4 of the Law of July 4, 1991 “On the privatization of housing stock in the Russian Federation”).

For certain types of rental of specialized residential premises in residential complexes, as well as the Standard Agreements, a number of special grounds are established termination, including termination at the request of one of the parties. For example, an agreement for the rental of residential premises from the housing fund for forced migrants, as well as an agreement for the rental of residential premises from the fund for refugees, can be terminated at the initiative of the landlord in court in the event of loss or deprivation of the status of a forced migrant or a refugee, respectively; receipt (purchase) of other residential premises; non-use of residential premises for more than 6 months (absence without good reason during this period).

Additional literature:

1. Sedugin P.I. Housing law. M. 1997

2. Krasheninnikov P.V. Housing law. M. 2005

3. Tolstoy Yu.K. Housing law. M. 2006

VSND RSFSR and Supreme Council of the RSFSR. 1990. No. 30. Art. 416.

VSND and Supreme Council of the RSFSR.1991. No. 28. Art. 959.

NW RF. 2000 No. 3. Art. 278.

NW RF. 2003. No. 46 (part 2). Art. 4448; 2005. No. 1 (part 1). Art. 19.

Mortgage coverage- claims secured by a mortgage for the return of the principal amount of the debt and for the payment of interest under credit agreements and loan agreements, including those certified by mortgages, and (or) mortgage participation certificates certifying the share of their owners in the right of common ownership of other mortgage coverage, funds in currency of the Russian Federation or foreign currency, as well as government securities (Clause 1, Article 3 of the Law on Mortgage Securities).

NW RF. 2005. No. 1 (part 1). Art. 44.

Although some regulations contain provisions to the contrary, they do not comply with Art. 143 of the Civil Code of the Russian Federation, according to which the types of securities are established by federal laws. In addition, unlike securities, state housing certificates cannot act as independent objects of civil circulation.

Decree of the Government of the Russian Federation of June 7, 1995 No. 561 “On state housing certificates issued to citizens of the Russian Federation who lost their housing as a result of emergencies and natural disasters” // SZ RF. 1995. No. 24. Art. 2286; Decree of the Government of the Russian Federation of October 9, 1995 No. 982 “On approval of the procedure for issuing and redeeming state housing certificates issued to citizens of the Russian Federation who lost their housing as a result of emergencies and natural disasters” // SZ RF. 1995. No. 42. Art. 3983; 2001. No. 37. Art. 3691

Federal Law of October 25, 2002 No. 125-FZ “On housing subsidies for citizens leaving the regions of the Far North and equivalent areas” // SZ RF. 2002. No. 43. Art. 4188.

The introduction of an alternative form of providing housing for military personnel is associated with certain shortcomings of the housing certificate system, in particular related to the irrational use of budget funds. To most effectively provide military personnel with housing, in theory, a number of other options for providing housing were proposed, including a savings system and mortgage lending (for more details, see Pchelintseva L.M. Improving the legal basis for the implementation of the right to housing for military personnel of the Russian Federation, taking into account foreign experience: theoretical aspects // Current problems of civil law. Sat. articles. M. 2003. pp. 127-142).

SZ RF.2004. No. 34. Art. 3532.

RSFSR Air Force. 1987. No. 9. Art. 250

Gazette of the SND and the Armed Forces of the Russian Federation. 1993. No. 3. Art. 99,.

In the scientific literature and some regulations, this agreement is called “commercial hiring”. The use of this concept raises certain objections, since, firstly, it is not provided for either in the Civil Code or in other federal laws. In addition, the concept of “commercial” is usually associated with the implementation of business activities by a subject. However, the term first used in the book. Civil Code of the Russian Federation. Part two. Text, comments, alphabetical index/ Ed. O.M. Kozyr, A.L. Makovsky, S.A. Khokhlova. M. 1996

The corresponding type of housing stock was also allocated in the housing complex of the RSFSR, however, a special type of rental agreement was not allocated in the legislation; in theory, this issue was also debatable.

NW RF. 2005. No. 1 (part 1). Art. 14

The possibility of local government bodies adopting normative legal acts of housing legislation follows from the provisions of Art. 130 of the Constitution of the Russian Federation, as well as the Federal Law of October 6, 2003 “On the general principles of the organization of local self-government in the Russian Federation” (SZ RF. 2003. No. 40. Art. 3822; 2004. No. 25. Art. 2484; 2004. No. 33. Art. 3368; 2005. No. 1 (Part 1). Art. 9; Art. 12; Art. 17; Art. 25; Art. 37).

NW RF. 2006. No. 5. Art. 546.

NW RF. 2005. No. 22. Art. 2126.

NW RF. 2006. No. 6. Art. 702.

Gazette of the Moscow City Duma. 2006. No. 7. Art. 170.

In theory, there is a proposal to highlight in Chapter 35 of the Civil Code general provisions on the rental of residential premises, common to all types of rental, as well as separate paragraphs that define the basis for regulating commercial, social rental and hiring of specialized residential premises.

NW RF. 1999. No. 14. Art. 1650; 2002. No. 1 (part 1). Art. 2; 2003. No. 2. Art. 167; 2003. No. 27 (part 1). Art. 2700; 2004. No. 35. Art. 3607.

NW RF. 2006. No. 6. Art. 702.

At the same time, there are no obstacles to recognizing the status of residential premises for buildings erected on dacha land plots if they meet the legal requirements for residential premises and citizens intend to use them for the purpose of permanent residence (Resolution of the Constitutional Court of the Russian Federation dated April 14, 2008 No. 7 -P)//SZ RF.2008.No. 18. Art. 2089.

With this classification, we are not talking about the purpose of residential premises - they are always intended for living, but about the purpose of the corresponding housing stock

NW RF. 1997. No. 42. Art. 4787.

NW RF. 1996. No. 48. Art. 5369; 1998. No. 30. Art. 3619; 2002. No. 13. Art. 1179; 2003. No. 1. Article 2; Art.6; 2003. No. 2. Art. 160; 2003. No. 22. Art. 2066; 2003. No. 27 (part 1). Art. 2700.

In cases where the interests of minors living with the tenant are represented by parents or guardians (trustees) living separately, the issue of moving in new persons must be agreed upon with them (clause 7 of the Resolution of the Plenum of the Supreme Court of the USSR of April 3, 1987 No. 2 / BVS USSR. 1987. No. 3. P.8; 1991. No. 2. P.8)

This refers to minor children of the employer or persons permanently residing with him, incl. children placed under guardianship by these persons.

In Art. 673 of the Civil Code, residential premises are considered as the object of a residential lease agreement. However, if we consider the rental agreement as an obligatory legal relationship, its object should be considered the actions of the tenant in providing property for use and the counter actions of the other party in paying for the living space.

Braginsky M.I., Vitryansky V.V. Contract law. M. 2000. pp. 709-710

It should be borne in mind that in addition to paying for residential premises, the tenant is usually responsible for paying for utilities. Payments for utilities, as a general rule, are not included in the structure of payments for residential premises.

Sedugin P.I. Housing law. M. 2003. P. 199

When determining the types of work related to routine repairs, you can be guided by paragraphs. “e” clause 4 of the Standard Social Rental Agreement for Residential Premises. Current repairs of the occupied residential premises, carried out by the tenant at his own expense, according to the Standard Agreement, include the following work: whitewashing, painting and pasting of walls, ceilings, painting of floors, doors, window sills, window sashes on the inside, radiators, as well as replacement of window and door devices, repair of internal engineering equipment - electrical wiring, cold and hot water supply, heat supply, gas supply.

It seems that, based on the similar regime for carrying out reconstruction and redevelopment established by the Housing Code, the rule in question should also apply to cases of redevelopment of residential premises. At the same time, under reconstruction is the installation, replacement or transfer of utility networks, sanitary, electrical or other equipment, requiring changes to the technical passport of the residential premises, and under redevelopment - a change in configuration, requiring changes to the technical passport of the residential premises (clause 1 of Art. .25 ZhK).

The concept of reconstruction is given in urban planning legislation. Reconstruction is a change in the parameters of capital construction projects, their parts (height, number of floors (hereinafter referred to as the number of storeys), area, production capacity indicators, volume) and the quality of engineering and technical support (clause 14, part 1, article 1 of the Town Planning Code of the Russian Federation).

M.I. holds a different point of view. Braginsky. Decree. op. S. 740

Provision of Art. 686 of the Civil Code on the possibility of replacing the tenant with one and adult citizens permanently residing in residential premises does not seem entirely correct, because The ability of a citizen to act completely independently in civil transactions and bear independent responsibility for his obligations is determined not by the age of majority, but by the presence of full legal capacity. At the same time, a person who has not reached the age of majority may be fully capable (clause 2 of Article 21, Article 27 of the Civil Code), and, conversely, an adult citizen may not have legal capacity (Article 29 of the Civil Code). Therefore, the provision of paragraph 2 of Art. 82 of the Housing Code on replacing the tenant under a social tenancy agreement, the possibility of which is associated with the presence of legal capacity in a family member of the tenant.

The position on the consensual nature of a social tenancy agreement is held, for example, by G. I. Petrishcheva (Soviet civil law. Textbook. Edited by O. A. Krasavchikov - M. 1985. P. 132); Yu.K. Tolstoy (Tolstoy Yu.K. Housing Law. M. 1996. P. 30); CM. Korneev (Civil Law. Volume 2. Semi-volume 1: textbook / Editor-in-chief E.A. Sukhanov. M. 1999. P. 442). This point of view was substantiated in earlier scientific studies, for example: Levenson S.N. “The emergence, change and termination of legal relations for the rental of residential premises,” dissertation, Ph.D., M. VYUZI. 1968

Braginsky M.I. , Vitryansky V.V. Contract law. Book two: agreements on the transfer of property. M. 2000. P. 724

See, for example: Sedugin P.I. decree. op. P. 111; V.N. Litovkin. See Commentary to the Civil Code of the Russian Federation, part two (article-by-article). M. 1996. P. 243

Braginsky M.I. , Vitryansky V.V. Contract law. Book two: agreements on the transfer of property.M. 2000. P. 677

Dal V. Explanatory dictionary of the living Great Russian language. Volume two. M. 1956, p. 444.

In the Comprehensive Dictionary of the Russian Language, ed. prof. A.N. Tikhonov, the concept under consideration is revealed in a similar way: to hire means “to purchase ... something for a certain fee for temporary use” (M. 2001. P. 493)

Gazette of the SND and the Armed Forces of the Russian Federation. 1992. No. 30. Art. 1792.

Gazette of the Moscow City Duma. 2006. N 2. Art. 7.

NW RF. 2006. No. 25. Art. 2736.

The presence of a share in the ownership of residential premises is also taken into account.

Sedugin P.I.. Quote op. P. 114

NW RF. 1996. No. 52. Art. 5880; 1998. No. 7, Art. 788; 2000. No. 33. Art. 3348; 2002. No. 15. Art. 1375; 2003. No. 2. Art. 160; 2004. No. 35. Art. 3607.

See, for example: clause 3 of Art. 2 of the Moscow Law of January 15, 2003 No. 22 “On improving the living conditions of residents of the city of Moscow” // Gazette of the Moscow City Duma. 2003. No. 5; Bulletin of the Mayor and Government of Moscow. 2004. No. 4; 2005. No. 1.

Article 10 Moscow Law No. 29 dated June 14, 2006 “On ensuring the right of Moscow residents to residential premises” // Gazette of the Moscow City Duma. 2006. No. 7. Art. 170,

P.23 Resolution of the Plenum of the Supreme Court of the Russian Federation dated 07/02/2009 N 14 “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation”//RG.07/08/2009. No. 23.

SZ RF.2005. No. 1 (part 1). Art. 15.

See, for example: Decision of the Supreme Court of the Russian Federation dated January 16, 2008 N GKPI07-1022 // SPS ConsultantPlus

NW RF. 2005. No. 36. Art. 3706.

NW RF. 2006. No. 23. Art. 2501.

NW RF. 2006. No. 5. Art. 546.

In theory and in practice, there were discrepancies in terms of interpretation of the provision on the right of the landlord to prohibit the move-in of new family members in case of non-compliance with the requirement for the norm of total area per person. Some extended this right to cases where the tenant's spouse, children and parents moved in. Subsequently, the Supreme Court gave an interpretation of paragraph 1 of Art. 70 of the Housing Code, according to which the right to prohibit occupancy in case of non-compliance with the norm of the total area does not apply to cases of occupancy by the spouse, children and parents of the tenant (Decision of the Supreme Court of the Russian Federation of January 16, 2008 N GKPI07-1022 // SPS “ConsultantPlus”).

See for example: Sedugin P.I. Quote op. P. 108.

See for example: Getman E.S. On the issue of replacing residential premises // Sat. Current problems of housing law. M. 2003. P. 66.

In accordance with the Decision of the Supreme Court of the Russian Federation dated January 16, 2008 N GKPI07-1022, this right does not apply to cases where the tenant moves into the residential premises of his spouse, his children and parents.

SZ RF.2006. No. 34. Art. 3680.

Similar conclusions are contained in the Review of Judicial Practice of the Supreme Court of the Russian Federation dated March 1, 2006 “Review of Judicial Practice of the Supreme Court of the Russian Federation for the fourth quarter of 2005.” According to the clarifications of the Supreme Court of the Russian Federation, in the event of failure to pay for residential premises and utilities without good reason for more than six months, the tenant and members of his family living with him may be evicted in court with the provision of residential premises in houses of the state or municipal housing stock for the terms of a social rental agreement within the same locality, suitable for permanent residence, corresponding to the provision of at least six square meters of living space per person.

SPS ConsultantPlus.

VSND and the Armed Forces of the Russian Federation.1993. No. 3. Art. 99.

Review of the judicial practice of the Supreme Court of the Russian Federation dated July 21, 2000 “On the termination of a social rental agreement for residential premises due to the tenant’s failure to pay for housing and utilities within six months” // BVS RF. 2000. No. 8.

It should be noted that eviction from a residential premises is not always associated with the termination of a social tenancy agreement. Thus, if there is a misuse of residential premises, systematic violation of the rights and legitimate interests of neighbors, or mismanagement of residential premises leading to its destruction, the social tenancy agreement may not be terminated. If not only the tenant, but also members of his family live in the residential premises, eviction without the provision of other housing is allowed only for persons directly guilty of these violations (clause 1 of Article 91 of the Housing Code). The eviction without provision of another residential premises of a citizen deprived of parental rights does not entail the termination of a residential tenancy agreement if his cohabitation with children in respect of whom he is deprived of parental rights is recognized by the court as impossible (clause 2 of Article 91 of the Housing Code). Eviction from residential premises– this is a forced termination of the right to use by the tenant and (or) members of his family the residential premises occupied under a residential lease agreement, at the initiative of the landlord, carried out on the basis of a court decision if there are grounds specified in the law.

NW RF. 2001. No. 23. Art. 2277.

VSND and the Armed Forces of the Russian Federation. 1993. No. 3. Art. 99

NW RF. 2002. No. 52 (part 1). Art. 5135

NW RF. 2006. No. 6, Art. 697.

VSND and Supreme Council of the RSFSR.1991. No. 28. Art. 959

8. The tenant does not have the right to exchange residential premises, or sublease them. 9. Members of the Tenant’s family have the right to use the residential premises on an equal basis with the Tenant and have equal rights and obligations under this Agreement. 10. The capable family members of the Tenant are jointly and severally liable with the Tenant for the obligations arising from this Agreement. 11. If a citizen ceases to be a member of the Tenant’s family, but continues to live in the residential premises, he retains the same rights as the Tenant and his family members. The specified citizen is independently responsible for his obligations arising from this Agreement.

III. Rights and obligations of the Landlord 12. The landlord has the right: 1) to demand timely payment of payments for residential premises and utilities; 2) demand termination of this Agreement in cases of violation by the Tenant of housing legislation and the terms of this Agreement. The lessor may have other rights provided for by law. 13. The Landlord is obliged to: 1) transfer to the Tenant residential premises free from the rights of other persons and suitable for living in a condition that meets fire safety, sanitary, hygienic, environmental and other requirements; 2) take part in the proper maintenance and repair of common property in the apartment building in which the residential premises are located; 3) carry out major repairs of residential premises; 4) take part in the timely preparation of a residential building, sanitary and other equipment located in it, for operation in winter conditions; 5) ensure the provision of utilities to the Tenant; 6) accept, within the time frame established by this Agreement, residential premises from the Tenant in compliance with the conditions provided for in subparagraph 11 of paragraph 7 of this Agreement; 7) provide the Tenant and members of his family with flexible housing (at the rate of at least 6 square meters of living space per person) for the period of major repairs or reconstruction of a residential building (when repairs or reconstruction cannot be carried out without eviction of the Tenant) without termination of this Agreement. Relocation of the Tenant and members of his family to the residential premises of the maneuverable fund and back (upon completion of major repairs or reconstruction) is carried out at the expense of the Landlord; 8) inform the Tenant about major repairs or reconstruction of the house no later than 30 days before the start of work; 9) comply with the requirements established by the Housing Code of the Russian Federation when reconstructing and remodeling residential premises. The lessor bears other obligations provided for by law.

14. This Agreement may be terminated at any time by agreement of the parties. 15. The Tenant may terminate this Agreement at any time. 16. The Landlord may demand termination of this Agreement in court if: 1) the Tenant fails to pay for residential premises and (or) utilities for more than 6 months; 2) destruction or damage to residential premises by the Tenant or members of his family; 3) systematic violation of the rights and legitimate interests of neighbors; 4) use of residential premises for other purposes; 5) loss or deprivation of forced migrant status; 6) receipt (purchase) of other residential premises; 7) non-use of residential premises for more than 6 months (absence without good reason during this period); 8) identification in the submitted documents that served as the basis for the provision of residential premises that does not correspond to reality. 17. This Agreement is terminated due to: 1) loss (destruction) of residential premises; 2) with the death of the Tenant. Family members of the deceased Tenant retain their rights and obligations under this Agreement for the duration of their status as forced migrants.

Housing Code of the Russian Federation.

Lessor __________________ Tenant __________________ (signature) (signature) M.P.

Approved

IV. Termination and termination of the Agreement 14. This Agreement may be terminated at any time by agreement of the parties. 15. The Tenant may terminate this Agreement at any time. 16. The Landlord may demand termination of this Agreement in court if: 1) the Tenant fails to pay for residential premises and (or) utilities for more than 6 months; 2) destruction or damage to residential premises by the Tenant or members of his family; 3) systematic violation of the rights and legitimate interests of neighbors; 4) use of residential premises for other purposes; 5) loss or deprivation of refugee status; 6) receipt (purchase) of other residential premises; 7) non-use of residential premises for more than 6 months (absence without good reason during this period); 8) identification in the submitted documents that served as the basis for the provision of residential premises that does not correspond to reality. 17. This Agreement is terminated due to: 1) loss (destruction) of residential premises; 2) with the death of the Tenant. Family members of the deceased Tenant retain their rights and obligations under this Agreement for the duration of their refugee status.

V. Payment under the Agreement 18. The tenant pays rent for residential premises in the manner and amount provided for by the Housing Code of the Russian Federation.

VI. Other conditions 19. Disputes that may arise between the parties under this Agreement shall be resolved in the manner prescribed by law. 20. This Agreement is drawn up in 2 copies, one of which is kept by the Lessor, the other by the Tenant.

Approved

IV. Termination and termination of the Agreement 14. This Agreement may be terminated at any time by agreement of the parties. 15. The Tenant may terminate this Agreement at any time. 16. The Landlord may demand termination of this Agreement in court if: 1) the Tenant fails to pay for residential premises and (or) utilities for more than 6 months; 2) destruction or damage to residential premises by the Tenant or members of his family; 3) systematic violation of the rights and legitimate interests of neighbors; 4) use of residential premises for other purposes. 17. This Agreement is terminated in connection with: 1) with the completion of ___________________________________________________ (major repairs or reconstruction of the house, settlements with the Tenant, ________________________________________________________________________ who lost residential premises as a result of foreclosure on this premises, __________________________________________________________________________ settlements with the Tenant for residential premises recognized as unsuitable for living as a result _____________________________________________________________________________; emergency circumstances - indicate as necessary) 2) with the loss (destruction) of living quarters; 3) with the death of the Tenant. Family members of the deceased Tenant retain the right to use residential premises until the completion of repairs or reconstruction of the house, settlements in connection with the loss of residential premises as a result of foreclosure on this premises, settlements for residential premises recognized as unfit for habitation as a result of emergency circumstances.

V. Payment under the Agreement 18. The tenant pays rent for residential premises in the manner and amount provided for by the Housing Code of the Russian Federation.

VI. Other conditions 19. Disputes that may arise between the parties under this Agreement shall be resolved in the manner prescribed by law. 20. This Agreement is drawn up in 2 copies, one of which is kept by the Lessor, the other by the Tenant.

Lessor ______________ Tenant ________________ (signature) (signature) M.P.

Approved

IV. Termination and termination of the Agreement 16. The Tenant may terminate this Agreement at any time. 17. This Agreement may be terminated at any time by agreement of the parties. 18. Termination of this Agreement at the request of the Landlord 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 members of his family; 3) systematic violation of the rights and legitimate interests of neighbors; 4) use of residential premises for other purposes. 19. This Agreement is terminated due to: 1) loss (destruction) of residential premises; 2) with the death of the Tenant; 3) upon expiration of the employment contract; 4) at the end of its service life; 5) with the end of the training period. 20. In the event of termination or termination of this Agreement, the Tenant and members of his family must vacate the premises. In case of refusal to vacate residential premises, citizens are subject to eviction without the provision of other residential premises, except for cases provided for by the Housing Code of the Russian Federation.

V. Payment under the Agreement 21. The tenant pays rent for residential premises in the manner and amount provided for by the Housing Code of the Russian Federation.

VI. Other conditions 22. Disputes that may arise between the parties under this Agreement shall be resolved in the manner prescribed by law. 23. This Agreement is drawn up in 2 copies, one of which is kept by the Lessor, the other by the Tenant.

Lessor ______________ Tenant ________________ (signature) (signature) M.P.

In accordance with Part 1 of Article 99 of the Housing Code of the Russian Federation, specialized housing is provided to:
by decision of the owner of such housing or a state (municipal) body acting on his behalf or a person authorized by it (administration of a state-owned enterprise, command of a military unit, etc.);
under lease agreements for specialized residential premises.

Thus, housing of this category is provided on two grounds - a decision and an agreement concluded in accordance with this decision.
The exception is housing provided for the social protection of certain categories of citizens with whom a free use agreement is concluded.
Based on the meaning of Part 2 of Art. 99 of the Housing Code of the Russian Federation, specialized residential premises cannot be provided to citizens who have housing in the locality where they work, serve, etc., on the right of ownership, social rent, or on other grounds. However, there are exceptions that are not outlined in this article.
The rental agreement for specialized residential premises can be terminated at any time:
by agreement of the parties;
at the initiative of the employer. In this case, the reasons that prompted the employer to make such a decision do not matter.
It should be noted that the legislator does not stipulate in this case the consent of family members as a condition for terminating the contract. Article 101 of the RF LC does not contain a provision similar to Part 2 of Art. 83 of the Housing Code of the Russian Federation (on termination of a social rental agreement for residential premises at the initiative of the tenant with the consent of his family members).
According to Part 3 of Article 101 of the Housing Code of the Russian Federation, a rental agreement for specialized residential premises can be terminated in court at the request of the landlord if the tenant and members of his family do not fulfill their obligations under the agreement. The contract is terminated in court in the following cases:
failure to pay for housing and utilities for more than 6 months;
destruction or damage to housing by the tenant or members of his family;
systematic violation of the rights and legitimate interests of neighbors;
use of residential premises for purposes other than their intended purpose.
Article 102 of the RF Housing Code provides for cases of termination of a lease agreement for specialized residential premises. The contract is terminated due to the loss (destruction) of housing, in the event of the death of the tenant living alone.
The rental agreement for specialized residential premises is terminated at the end (expiration) of the contract concluded for the period determined by the Housing Code of the Russian Federation (work, service, study, etc.), i.e. upon expiration of the employment contract, upon completion of service, upon completion of major repairs or reconstruction of the house, after settlements with citizens in connection with the loss of living quarters, etc.
The lease agreement for office residential premises and housing in a dormitory is terminated in the event of a transfer of ownership of such housing (the right of economic management or operational management). The exemption is provided for only one case: the employee - the tenant of the given housing - maintains an employment relationship with its new owner (the legal entity to which the housing has been transferred for economic management or operational management). In this case, the service apartment or housing in the hostel is also retained.
Upon termination or termination of a rental agreement for specialized residential premises, citizens are obliged to vacate it. If they refuse, they are subject to judicial eviction, usually without the provision of other housing.
The categories of citizens designated in Part 2 of Article 103 of the Housing Code of the Russian Federation cannot be evicted without the provision of other housing if they:
a) do not have other housing on the right of ownership or under a social tenancy agreement;
b) are registered as those in need of residential premises.
Speaking about cases of such eviction, the legislator limited himself to only indicating that housing should be provided within the boundaries of the relevant settlement, without providing for its amenities and size. This means that such housing must meet only the requirements of Art. 15 of the Housing Code of the Russian Federation (residential premises are recognized as isolated premises, which are real estate and are suitable for permanent residence of citizens (meets established sanitary and technical rules and regulations, other legal requirements (hereinafter referred to as requirements)).
It must be assumed that such evictions are carried out without deregistration of those in need of residential premises.
In addition to the general provisions, each type of specialized residential premises has a number of features, which is determined by the purpose of such housing.
Service residential premises are intended for the residence of citizens:
having a certain labor relationship with a government body (local government, state unitary enterprise, state or municipal institution);
in connection with the service;
in connection with appointment to a public position (federal or subject of the Russian Federation);
in connection with election to an elective state or municipal position.
According to this article, official housing is provided for the period of employment, service, or holding a government or elective position.
Thus, official housing is provided not in order to satisfy the housing needs of a citizen, but in connection with the performance of certain duties (work, service, etc.).
Service residential premises are provided on the basis of:
decisions of the owner (an authorized body of state power or local government acting on his behalf) or persons authorized by him. The administration of enterprises, institutions, the command of a military unit, etc. can act as authorized persons;
contract for the rental of office residential premises, concluded in accordance with the decision to provide (legal composition). In this case, the subject of the agreement can only be a separate apartment.
The general rules provided for in Art. 65, parts 3 and 4 art. 67 Housing Code of the Russian Federation for social rental agreements.
The lease agreement for a service apartment is subject to termination in the manner and on the grounds provided for by the Housing Code of the Russian Federation.
This agreement can be terminated in the event of early termination of an employment contract concluded for a certain period, and in the event of termination of an employment contract concluded without a specified period, as well as in the event of early dismissal from service, etc.
In addition to the general rules for terminating a tenancy agreement in Part 2 of Art. 102 of the Housing Code of the Russian Federation specifically stipulates cases when official housing is retained by the employer.
Tenancy agreements cannot be terminated if, during the transfer of ownership of housing (as well as in the case of transfer of such premises to the economic management or operational management of another legal entity), the new owner (the legal entity to which the residential premises have been transferred) is a party to the employment contract with the employee - the tenant of such housing.
The transfer of ownership should be understood as the replacement of the owner within the boundaries of public forms of ownership in cases of legal succession. Otherwise it is not consistent with Art. 92, according to which specialized residential premises are not subject to alienation and which establishes that premises of state and municipal housing funds are used as specialized residential premises.
In cases of termination or termination of the rental contract for official housing, citizens are subject to eviction without the provision of other residential premises.
With the provision of other housing, citizens are evicted if they:
do not have housing under the right of ownership or use under a social tenancy agreement, and are not members of the family of the owner or tenant under such an agreement;
are registered as those in need of residential premises. Acceptance of a citizen to register those in need (Part 2 of Article 52 of the RF Housing Code) indicates that the requirements of Art. 49 and 51 of the Housing Code of the Russian Federation and a citizen has the right to receive housing under a social tenancy agreement.
However, it should be noted that registered housing is provided in order of priority, i.e. based on the time of registration of citizens.
Categories of citizens who cannot be evicted from official residential premises are defined in clauses 1 - 4, part 2 of Art. 103.
So, according to Art. 103 of the Housing Code of the Russian Federation, family members of an employee who was provided with a service apartment and who died are subject to eviction and the provision of other housing according to the rules of this article.
Conclusion: In accordance with the current legislation, there is no possibility of providing this residential premises under a social tenancy agreement, however, it is impossible to evict from this residential premises, since you do not own any other living space under a social tenancy agreement or in the property. Eviction from this living space can only occur on the basis of providing you with another living space under a social tenancy agreement.

Some citizens are entitled to specialized housing.

If you work and live far from your place of duty, you may be provided with specialized housing. Before you move in, you need to study and sign the agreement, which spells out the rights and obligations of the parties. It is also necessary to use the premises for their intended purpose. We will tell you further who else has the right to apply for special housing and how to draw up a rental agreement.

Who can enter into a tenancy agreement?

Temporary housing may be provided for:

• temporary residence. A person may need housing if his previous home has become unsuitable or has been lost. This may be due to natural disasters, military actions, fire, flooding;
• residence during study, work, service. If a citizen has been elected to an elected or government position and lives far from his place of work, he is also entitled to specialized housing;
• accommodation during the renovation. Citizens whose house is undergoing reconstruction or major repairs;
• persons classified as needy. Representatives of this category of the population are usually also provided with a set of social, everyday and medical services;
• migrants and refugees. Residential premises are provided for temporary residence of citizens in need of special social protection.

Only those people who have no other premises suitable for living have the right to enter into a specialized rental agreement. Exceptions include some categories of socially vulnerable people.

The rental agreement for specialized residential premises is concluded only in relation to houses included in the municipal and state housing stock

Real estate that is intended for rental must be classified as specialized housing. Objects of this type, for the use of which a contract is concluded, include residential premises:

• in dormitories;
• official;
• from the maneuver fund;
• from the fund for the temporary accommodation of refugees and displaced persons;
• in social homes;
• at social protection facilities.

How does it differ from a social tenancy agreement?

A rental agreement for specialized residential premises differs from a social rental agreement:

• is temporary. Therefore, there are features of termination of this document;
• the tenant has the right to dispose of his home. For example, he can hand over or exchange it. The user of a specialized premises does not have such powers;
• no need to register. The rental agreement for special premises does not require citizens to be registered as needing improved housing conditions in order to obtain another apartment or room.

Family members of a citizen who has been provided with special housing are considered co-tenants and their details are included in the rental agreement. But if during this time the termination of family relations occurs, they lose the right to use the provided square meters (unless otherwise specified in the agreement).

Agreements for the use of specialized residential premises may differ significantly from each other. Basically they are temporary.

Standard rental agreement for specialized residential premises

In this document, one party is the owner, the other is the employer. The owner transfers the residential premises for temporary use for a specified fee.

The rental agreement is drawn up in writing. It indicates the details of the employer and family members if they will live with him

At the top of the contract, the locality, the name of the state organization that provides the housing, and the official who is the direct lessor are indicated. The number of the decision and the date of conclusion of this standard agreement are indicated.

The main part follows. It must indicate to whom the landlord provides special premises for use for a fee (full name, year of birth, degree of relationship) and for what period. The address of the object, the area of ​​the premises, what it is (room, house, apartment) and other data (location, floor, available communications) are indicated.

The following information about the house is required:

• year of construction;
• what materials are the walls made of?
• how many rooms;
• area of ​​rooms, kitchen;
• Is there a stove (specify, gas or electric);
• bathroom (combined or separate);
• is there a balcony, loggia, etc.

It is separately stated that this premises is suitable for habitation and is in good condition.

Note!

The tenant must familiarize himself with the provided facility before signing the contract. If something is faulty, it should be noted in the document.

A standard agreement should include the following points - the duties and rights of the parties, their responsibilities, validity period, procedure for termination and termination, and other conditions.

At the end, put your full name. representative of each party with a transcript and the name of the organization in which the standard agreement was registered. Below is the position, the signature of the person responsible for registration and seal, and the number of the registered document.

How can I terminate the contract?

Let's consider in what cases premature termination of a specialized rental agreement for residential premises is possible:

• death of the employer. Unlike a social tenancy agreement, when the death of a person is not a reason for the eviction of family members of the deceased from a given living space, this does not apply to special tenancy. Refugees, displaced persons and some categories of the population will remain to live in an apartment or house, and the agreement will be rewritten to a capable member of a specific family;
• violation of the terms of the contract. The tenant or members of his family violate the terms of the agreement (damage property, communications, mishandle the premises, fall behind on housing and communal services payments);
• violation of living conditions. The tenant or members of his family maliciously violate the order in the house, interfere with the rest of neighbors, and create conditions for fire or other danger.

In each of these cases, the landlord must first ask the tenants to leave the premises voluntarily, and then can go to court.

You can terminate the tenancy agreement in accordance with the agreed procedure or early

The special rental agreement does not provide for the provision of another premises upon termination. But there are exceptions.

These include citizens who do not have any other housing, who are registered as needing accommodation. At the same time, the law clearly limits the circle of such persons:

• old age pensioners;
• family members of military personnel;
• family members of a citizen who died after he was provided with accommodation in a dormitory or residential service;
• disabled people of groups I or II who were injured as a result of military service or performance of work duties.

Also included in the exception are persons who were evicted from a living room or special-purpose apartment due to a change of landlord, if they are in an employment relationship with the new owner of this premises.

Note!

If it is impossible to provide other housing in the house where needy citizens lived, they must be given another one, located not far from the previous one.

Duration of the rental contract for specialized residential premises

This document is concluded for a certain period, for example, for the duration of service, period of work, time spent in an elected or public position, etc.

When the validity period of the specified circumstances expires, the rental agreement for special housing will automatically terminate.

If you believe that you are being unfairly evicted from such a premises or are making a claim in connection with damage to property that was faulty before you moved in, then it makes sense to seek help from a lawyer.

But it is better to resort to it before signing the contract. Then the specialist will have a better chance of protecting your interests. The lawyer will provide advice, tell you whether you have the right to special housing, what should be the procedure for your actions, what documents will be required to conclude an agreement.

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