What is a rental agreement for specialized residential premises and how to draw it up?

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Posted by: Egorov Konstantin Mikhailovich Contract law, transactions Articles 01/24/2009

According to Part 1 of Art. 100 of the Housing Code of the Russian Federation, under a contract for the rental of specialized residential premises, one party - the owner of the specialized residential premises (an authorized state authority or an authorized local government body 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 a fee for possession and use for temporary residence in it.

Renting specialized housing

Specialized housing is space owned by a city, municipal or private fund, intended for rent to citizens to solve certain tasks (official, maneuver and social).

Reference! Renting such residential premises is carried out by signing an agreement. Relations under such a document are regulated by the Housing Code, in particular Section IV.

Housing fee

Payment for such housing by SZhF is carried out according to the rules established by the contract. The amount and frequency must be determined by the terms of the transaction.

As a rule, payments are made monthly. For example, if the employer is employed, the amount may be withheld from his salary. In this case, it will be necessary to write an application addressed to the employer and attach to it receipts sent by the owner. Funds are credited to the landlord's bank account.

Model agreement

Special agreement rental is a bilateral agreement between the Landlord and the Tenant , on the basis of which the owner of the premises transfers it to the citizen for use and possession for temporary residence.

Such a document is drawn up in writing, according to the model approved by law. Each type of specialized hiring has its own approved template. All relations under such an agreement are regulated by Articles 100-102 of the Housing Code of the Russian Federation.

An object

The subject of a standard agreement is isolated housing (a house, part of a house, apartment, part of an apartment or a room in a dormitory), classified as a specialized housing stock on the basis of the rules specified in the Decree of the Government of the Russian Federation of January 26, 2006 No. 42.

Parties

Special agreement The lease is bilateral and is concluded between the Landlord and the Tenant for a certain period. The person providing the accommodation may be:

1. Russian Federation.
2. The subject of the Russian Federation.
3. Municipality, institution, enterprise.
4. Legal entity (usually for official housing).

Important! The second party to the contract, that is, the Tenant, is always only a civilian.

Rights and obligations

Rights and obligations of the Landlord:

• demand full and timely payment for accommodation and utilities (you can find out the legal details of payment under a rental agreement here, and you can find the payment schedule and details of paying rent for an apartment here);
• transfer housing for use in proper condition, legally free from the rights and claims of third parties;
• ensure access to public utility services of adequate quality and quantity;
• carry out major repairs;
• be responsible for the maintenance and repair of common property.

Rights and obligations of the Tenant:

• move in and register family members and third parties at the place of residence;
• demand elimination of violations in relation to utilities and common property;
• maintain the allocated living space in a suitable condition for living;
• carry out routine repairs and preventive maintenance;
• pay for housing and utility services on time and in full;
• report the circumstances leading to the termination or modification of the tenancy agreement.

Terms of imprisonment

The contract for the provision of specialized housing is fixed-term. However, its termination is not associated with the onset of a specific date, but occurs due to a change in circumstances, for example:

1. obtaining other housing;
2. dismissal from work;
3. completion of renovation work at the main place of residence.

Form and content

Government Decree No. 42 of January 26, 2006 regulates the standard type of contract for each type of specialized hiring, namely for:

• temporary settlement of internally displaced persons and persons recognized as refugees;
• maneuver fund;
• office premises;
• living space in a dormitory.

The content of all these contract options is different, but the form is the same. They all consist of the following points:

1. Details of the Parties.
2. Subject of the agreement.
3. Rights and obligations of the Tenant and his family members.
4. Rights and obligations of the Landlord.
5. Termination and termination of contractual relations.
6. Paying a fee.
7. Other conditions.
8. Signatures of the parties.

Pay

For each subject of the Russian Federation, individual maximum amounts are established for payment of 1 square meter of housing. In each region they vary depending on:

• territory of the municipality;
• consumer properties;
• level of improvement;
• sizes of residential premises.

Payment for specialized housing may include:

• communal payments;
• expenses for construction, maintenance and repair of housing;
• other expenses provided for by the housing legislation of the Russian Federation.

FORM OF AGREEMENT

The legislator in Part 7 of Art. 100 of the RF Housing Code clearly defines that the form of a rental agreement for specialized residential premises is simple written, which should be considered justified, since the written form of the agreement contributes not only to the parties being aware of their rights and obligations, but also to legal certainty in their relationships.

Housing legislation does not directly define the consequences of non-compliance with the written form of the contract. However, since the norms of civil legislation, namely Part 1 of Art. 162 of the Civil Code of the Russian Federation, which establishes that failure to comply with the simple written form of a transaction deprives the parties of the right in the event of a dispute to refer to witness testimony in support of the transaction and its terms, but does not deprive them of the right to provide written and other evidence, it seems that failure to comply with the written form of a rental agreement for a specialized residential premises will only entail the impossibility of using witness testimony, as established in the above article.

Reasons for refusing to complete a transaction

You can always refuse the government offer. housing authorities.

If the reason is that the premises do not meet sanitary, hygienic and technical standards and rules (for example, they are in an emergency condition, or there is no access to natural light), then the citizen has the right to demand a replacement, and, if necessary, file a claim in court.

In the case where the refusal of the proposed residential premises is not motivated by anything, dictated by subjective considerations (they don’t like the floor, neighbors, view from the window, etc.), the citizen cannot demand a replacement. If he refuses housing, he will not be provided with another one.

To whom is housing provided and on what basis?

The grounds for the provision of specialized premises depend on the status of the tenant and the reasons for the application.

The largest part of the SJF are the dormitories . Places in them are allocated based on work and service in government agencies, study in educational institutions. In addition, premises in the dormitory can be allocated:

• those who have lost their memory;
• young families;
• out-of-town educational excursions;
• refugees and similar categories of persons.

Another component of the SLF is the maneuverable fund, social and temporary premises.

They are provided to persons who find themselves in difficult life circumstances:

• internally displaced persons , for example, those affected by natural disasters or military operations;
• refugees who escaped from the country due to a military coup in it.

This list is not exhaustive. Other difficult life circumstances, including personal ones, are also taken into account.

The SSF also includes office premises. They are allocated to persons who perform special service in government agencies:

• FSB.
• Ministry of Internal Affairs
• Ministry of Emergency Situations.
• Prosecutor's office.

The need for housing allocation must be documented. The final decision is made by the head of the government agency whose property the premises are located. The basis for the allocation of housing will be the order of the manager. After its approval, the parties enter into an agreement.

Features of the contract

A typical specialized rental agreement necessarily includes:

1. Detailed information about the parties to the agreement, including the names and passport details of all members of the applicant’s family.
2. Basis for obtaining the right of residence.
3. Full characteristics of the transferred housing, its technical condition, availability of furniture and repairs.
4. Rights and obligations of the parties regarding the maintenance and repair of housing.
5. Procedure for terminating the contract
6. Size and payment methods
7. Other, individual conditions for each specific case

Important! The Landlord is responsible for major repairs, the quality of utilities and general technical condition, and the Tenant is responsible for maintaining the housing in proper condition and minor cosmetic work.

Dorm room

A contract for renting a room in a hostel is intended for the temporary accommodation of citizens, while two or more persons are allowed to occupy one room. The peculiarity of such dwellings is that they must be furnished and equipped with necessary household items. A dorm room must have at least 6 square meters. meters of living space per resident.

Official

A contract for the rental of a service apartment or other housing - the type and characteristics of such premises are directly related to the position and nature of the Employer’s labor relations. The official rental of an apartment or other housing is provided in connection with election or appointment to a position, as well as during business trips or service (read all about renting an apartment on a business trip here). The lease terminates at the same time as the employee's employment ends.

For orphans

Housing rental agreement for orphans - residential premises are provided for a period of up to 5 years, and then can be extended if circumstances are identified that indicate the need to assist orphans in overcoming a difficult life situation

Attention! Housing is not provided to foreign citizens and stateless persons.

What is included in the fund?

Depending on the purpose of use, specialized residential premises are divided into categories :

1. Service apartments, houses and rooms.
2. Maneuverable fund (temporary housing).
3. Dormitories.
4. Welfare Homes.
5. Housing for socially vulnerable categories of citizens:
   for orphans left without parental care;
6. for internally displaced persons;
7. for refugees.

Attention! Housing is not provided to foreign citizens and stateless persons.

Termination

The rental agreement can be terminated at any time by agreement of the parties, or due to the occurrence of the following circumstances:

• end of employment relationship;
• completion of repair work at the citizen’s main place of residence;
• provision of other, permanent housing;
• use of residential premises for other purposes;
• non-use of housing for more than 6 months;
• change of ownership of housing, etc.

In case of termination of the contract, residents must vacate the occupied space. But there are categories of citizens who cannot be evicted without providing other housing:

1. family members of a deceased or missing Tenant;
2. pensioners;
3. disabled people;
4. orphans;
5. low-income people registered as needing housing.

Important! A specialized rental agreement is automatically terminated in the event of the destruction of housing (Article 102 of the Housing Code of the Russian Federation) or the death of the Tenant.

Cancellation procedure

The procedure for canceling a transaction is determined by the rules of Article 101 of the RF Housing Code. By mutual agreement of the parties, the contract can be terminated at any time.

The transaction is unilaterally terminated through the court if the employer does not fulfill or violates its obligations.

A separate procedure is provided for premises intended for the residence of orphans and children left without parental care.

This applies to cases:

• failure to pay for accommodation and housing and communal services for more than a year, in the absence of an agreement on debt compensation;
• destruction or systematic damage to an object;
• violation of the rights and legitimate interests of neighbors;
• inappropriate use of housing, for example, business activities.

The facts must be documented, and eviction occurs on the basis of a court decision.

To cancel the transaction, the owner sends a written notice of existing violations and gives the tenant a deadline to eliminate them.

If the requirement is not met, the lessor files a claim in court. After the decision comes into force, the tenant is obliged to vacate the property and transfer all property belonging to the owner according to the deed. After this, he loses the right to use and is subject to deregistration at this address.

You will learn about the most common problems with tenants and methods for solving them in this article.

Is it possible to rent?

Renting out official housing, be it an apartment or a dorm room, is illegal; this clause is stipulated in the contract. The homeowner has the right to terminate the tenancy agreement with the lawbreaker and evict him. However, when receiving specialized housing, for example, during a business trip, a citizen has the right to rent out an apartment or room in a hostel that is his property or to sublet housing that is on social rent.

A certificate of delivery of official housing confirms the lack of living space , which allows you to demand inclusion in the lists of those in need of residential premises and be provided with official residential premises for the period of service. To obtain this certificate, it is necessary to vacate the previously allocated residential premises in the prescribed manner, draw up an appropriate act and deregister.

Civil servants cannot rent out not only service apartments, but also apartments they own or rent, since such activity implies receiving additional income, which is prohibited by law.

How to make a deal: step-by-step instructions

Concluding a lease agreement for a SSF facility is a procedure consisting of several stages.

First of all, the interested party should contact the property owner. In this case it will be a local or Federal government authority.

The future employer needs to collect documents confirming the validity of the application and draw up an application. The procedure ends with the registration and signing of the contract.

Rules for drawing up a contract

The requirements for concluding a rental agreement are specified in Article 674 of the Civil Code of the Russian Federation. It is drawn up in writing.

If the contract is concluded for a period of one year or more, it must be registered with Rosreestr.

The text should indicate:

1. Date and place of signing.
2. Information about the parties to the transaction.
3. The subject of the agreement is the address, area, number of floors and status of the premises, a list of equipment and furniture transferred to the tenant. If only part of the property is rented, the rooms that can be used by the tenant are indicated.
4. List of persons who will live with the employer.
5. Hiring costs and payment procedures. The frequency and amount of payments can be documented in a separate application.
6. Rights, obligations and responsibilities of the parties.
7. Dispute resolution procedure.
8. Contract time.
9. Bank details of the parties and signatures of the parties.

We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:

8 (800) 302-76-94

The agreement is drawn up in two copies, one for each party. If the agreement needs to be registered with Rosreestr, a third copy must be prepared.

The procedure for registering a rental property is described here.

Term of conclusion and registration of extension

According to the rules of Article 683 of the Civil Code of the Russian Federation, the term of the rental agreement should not exceed five years. If the period is not determined by the parties, then the transaction is considered concluded for the specified time, or until the occurrence of certain circumstances, for example, during the period of work (service) in the organization. The employer has a preemptive right to conclude a new contract (Article 684 of the Civil Code of the Russian Federation).

An offer from the owner to conclude a contract must be received by the user no later than three months before the expiration of the transaction. Extension of the period is formalized by an additional agreement.

If the owner of the property intends not to renew the deal, then he will not be able to rent out the premises for a year. Such a requirement may not always be applied to the contract of employment of SHF. For example, a person worked in an organization and lived in a dormitory. Upon dismissal, he will be obliged to vacate the premises into which the owner will have the right to move other persons.

Read about the features of renting premises for a long term here, and this article talks about short-term rental of apartments.

What documents should I attach?

To conclude a rental agreement you will need:

• employer's passport;
• confirmation of the status of the person concerned, for example, a refugee certificate or an employment order;
• order of the owner’s manager on the allocation of housing;
• an extract from Rosreestr confirming the absence of encumbrances on housing.

Read more about the procedure for drawing up, concluding and terminating an office space rental agreement here.

Transfer to social status

A service apartment cannot belong to a tenant, however, although it is quite difficult to change the status of housing, it is possible due to circumstances that allow you to submit an application to local governments with a request to transfer the rental of an apartment or dorm room to social rent:

• living in service housing for more than 10 years;
• retirement or disability at the company that provided housing;
• the Tenant's family is officially recognized as low-income and is registered.

There are other types of rental housing, which have their own subtleties. If you are wondering how to rent an apartment without being scammed, pay attention to the nuances of concluding contracts and the necessary documents for:

• commercial hiring;
• short-term hiring.

In conclusion, it must be said that a special legal regime has been established for a specialized fund, strictly for its intended purpose. Such premises cannot be sold, donated or mortgaged, even if the Landlord has given his consent to this. Subsequently, such transactions will be declared invalid by the court.

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SUBJECT OF THE AGREEMENT

The subject of this agreement is, based on the provisions of Section IV of the Housing Code of the Russian Federation, residential premises included in the specialized housing stock. The legal definition of specialized housing stock is contained in clause 2, part 3, art. 19 Housing Code of the Russian Federation. A specialized housing stock is understood as a set of residential premises of state and municipal housing funds intended for the residence of certain categories of citizens and provided according to the rules of Section IV of the Housing Code of the Russian Federation.

It seems that this legislative definition of specialized housing stock needs to be detailed, taking into account the following aspects. The specified residential premises are provided temporarily (Part 1 of Article 100 of the RF Housing Code) not only to citizens, but also to members of their families (Part 6 of Article 100 of the RF Housing Code). In this case, the categories of citizen-employers must be established by law. Citizens are provided with residential premises only if they do not have other residential premises in this particular locality (Part 2 of Article 99 of the RF Housing Code), with some exceptions. Residential premises are provided only by certain categories of landlords (Part 1, Article 99 of the RF Housing Code) under a rental agreement for specialized residential premises (Part 1, Article 99 of the RF Housing Code) and only if there are conditions established by law in compliance with a certain procedure for the provision of specialized residential premises.

Taking this into account, the following, more detailed definition of this concept is proposed: specialized housing stock is a set of residential premises of state and municipal housing funds intended for temporary residence of certain categories of citizens and members of their families provided for by law, not provided with residential premises in the corresponding locality and provided the owners of such premises (acting on their behalf by authorized state authorities or authorized local government bodies) on the basis of a decision to provide specialized residential premises under a lease agreement for specialized residential premises in the presence of the conditions provided for by law and in the manner established by it.

Restrictions on use and liability

The tenant is not the owner of the property. For this reason, he does not have the right to transfer it for use to third parties, or change it by agreement with another owner.

Also, the premises of the SZhF can only be used for its intended purpose, that is, for living. It is forbidden to organize an office, production, or rent out or rent out part of the space to other persons.

In case of violation of such rules, the lessor may terminate the contract and require the user to compensate for the damage caused to the property.

Read about other cases of illegal rental housing and liability for it in this article.

The rental of SZhF premises is carried out on the basis of the decision of the head of the owner and the agreement concluded by the parties to the transaction. This housing rental option is applicable if there are grounds for it, which are determined by the user’s status or unforeseen life circumstances.