Social tenancy agreement for residential premises

What is social rental housing?

But if in ordinary rent the lessor is an individual, then in social rent the municipal department or the state acts as the lessor. These structures are the owner of such living space, and the person renting it makes payments for the use of housing to the named structures (Article 49 of the Housing Code of the Russian Federation).

Note. Renting living space from the state is not an option for everyone. To do this, a person must register as a low-income person and in need of allocated living space. The state draws up a social tenancy agreement (STN) with such a person, after which the citizen becomes a tenant of the living space. An employer can move his family into such an area. He was also given the right to privatize the premises.

Contract form

Today, existing legislative norms provide for certain criteria for persons who have the right to issue a DSN for residential premises. In Art. 63 of the RF Housing Code stipulates that the form of such an agreement must be written. The agreement must be signed by both parties. At the same time, the DSN is practically no different from an ordinary apartment rental agreement.

Note. The document is not subject to mandatory notarization.

Today, the legislation offers a standard template of an agreement between the landlord and the tenant, which displays basic data about housing. The document should display:

Number of rooms in a residential apartment.
Address of the living space.
Total and usable area of the apartment.

In addition, the contract must indicate:

Payment amount.
Repair data.
On the possibility of subletting the premises.

What does the law say?

Do I need to register the transaction? The obligation to register a residential rental agreement between individuals is specified in Art. 674 Civil Code of the Russian Federation.

The law says the following:

the apartment rental agreement must be drawn up in writing (the form in which the document is drawn up and what documents are needed for its execution are discussed here);
concluding a transaction for a period of more than 1 year entails the emergence of an encumbrance on the right to own real estate;
an agreement drawn up for a period of more than a year, which entails a restriction of property rights, is subject to mandatory registration.

IMPORTANT : Thus, the rental agreement entered in the register of real estate transactions limits the owner’s rights to use housing, and, on the contrary, gives the tenant a number of rights.

Who can draw up a social tenancy agreement?

The key basis for allowing low-income citizens to receive social housing is the decision of municipal structures, which is made as a result of considering an application from a person in need. In this case, the applicant is obliged to provide the required package of documents:

Application based on the sample provided by the inspection.
Passport of the tenant, who has the right to draw up an agreement with representatives of government agencies.
Documents indicating the need for housing.
Documents identifying each family member who has the right to live in the allocated area.
Certificates certifying kinship and family relationships.

Currently, individuals of the following categories have the right to issue DSN:

Poor people. This status is assigned to citizens by decision of municipal departments upon presentation of documents indicating the low level of income of all working family members.
Those in need of living space. More details about the status of a person in need are described in Art. 51 Housing Code of the Russian Federation. At the same time, modern legislation of the Russian Federation does not provide for the allocation of social housing to foreign citizens. An exception may be the presence of an international agreement signed by the parties indicating such a possibility. Thus, citizens of the Russian Federation have the advantage of registering a DSN.

How to get housing for social rent in 2021?

To obtain social housing, you must register as a citizen in need of housing. Records are maintained by the relevant structures of local authorities (Article 52 of the Housing Code of the Russian Federation). For example, in Moscow, housing registration is carried out by the Department of Municipalities. property of the capital, and in St. Petersburg - departments of paradise. administrations.

To register for the purpose of obtaining social housing, a person in need must submit an application to the relevant department. To make a decision, 30 days are allotted from the date of receipt of the request. If there are not enough certificates submitted or an error is found in the request, the government agency is obliged to notify the applicant in writing and offer to eliminate the comments. In this case, the period for consideration of the request may be extended.

The application must be signed by all family members. You can purchase a request form at the MFC or on the State Services portal. All documents for obtaining social accommodation can be submitted to the same departments.

Below is a form for such an application.

If the request for registration is not satisfied, the decision can be appealed in court (Clause 3 of Article 54 of the RF Housing Code).

The following information will need to be attached to your request:

Statement from the authorized structure on recommended housing options.
Passport or other certificate confirming the identity of the applicant and his family members.
An extract from the applicant’s personal account or from the house register. This document can be obtained at the MFC or through the State Services portal. It can also be purchased from a homeowners association or management company.
Written consent from the applicant and all family members for the allocation of living space according to the DSN.
Written notification from the applicant and his family members that housing conditions have not deteriorated over the past 5 years.
If living space is allocated with the condition that the building in which the applicant lives needs to be vacated, you will need to write a written undertaking to this effect, certified by a notary.

Note. Most of the attached documents must be signed by the applicant and his family members in the presence of a representative of the MFC or the department to which they are submitted. If this is not possible, you can provide all certificates certified by a notary.

It should be noted that the listed list of documents is not final. Authorized departments may request additional certificates in each specific case.

Note. It must be borne in mind that the queue for social housing is moving at a slow pace, that is, it can be expected for decades.

The following categories of citizens are entitled to receive housing out of turn:

Orphans.
Veterans.
Citizens with chronic diseases.
Disabled people.
Persons living in unsuitable conditions.

If the turn comes to the applicant, the decision on the provision of housing will be sent to him within 3 working days (Clause 3 of Article 57 of the Housing Code of the Russian Federation).

After this, he will be asked to issue a DSN and the applicant will finally be able to move into the premises.

Payment

Common to all tenants: regardless of the contract under which they occupy residential premises (social rent, commercial rent or free use), they are required to pay for the provided utilities and services for the maintenance and repair of housing at prices approved by the Moscow government. The differences are as follows. Those who occupy residential premises under social tenancy agreements have the right to receive subsidies for housing and utilities.
Commercial rentals do not provide benefits for utility bills; you must pay one hundred percent. At the same time, the rent for commercial housing itself is higher than for social housing. If residential premises are provided under a contract for free use, then only utilities need to be paid (benefits are taken into account); no fees are charged for the use of residential premises.

How to conclude a social rental agreement?

To issue a DSN, you need to contact the authorized structure of the local administration, the MFC, or send documents using the State Services portal.
In order for the agreement to receive legal status, it is necessary to follow the procedure for drawing up the DSN. Only in this option can a citizen’s right to free housing be satisfied. The procedure for drawing up the DSN requires compliance with the necessary actions, both on the part of the tenant and on the part of the lessor:

Before signing the DSN, you must familiarize yourself with this document, which establishes the right to use the allocated housing.
The landlord checks the documents provided by the tenant (the application must display information about the applicant’s status, as well as his passport details, grounds for allocating housing under the DSN and other information).
If housing is allocated with full furnishings, including electrical appliances, then in this case an acceptance certificate is drawn up indicating the working or non-working condition of the electrical equipment.
At the same time, an important point is the reconciliation of the readings of utility meters (water, electricity, gas), with the display of this data in the acceptance certificate, which is an appendix to the DSN.
If there are no comments, the parties can sign the agreement.
The signatures of the parties are affixed on each page of the DSN, as well as at the end of the document after the section “Details of the parties”.
In the absence of any signature, the DSN is considered void.

Validity period of the social rental agreement

The period for which the DSN for housing is issued is regulated by clause 1 of Art.
683 of the Civil Code of the Russian Federation, which states that such an agreement is drawn up by the parties for a period of up to 5 years from the date of its signing. In addition, in paragraph 2 of Art. 683 of the Civil Code of the Russian Federation it is noted that the DSN can be drawn up by the parties to the agreement for a shorter period not exceeding one year (short-term housing rental).

If the tenant violates the rules prescribed in the DSN, such an agreement may be terminated at the initiative of the landlord ahead of schedule.

Upon expiration of the DTA, the employer has the right of priority to renew the DTA.

Step-by-step instruction

To register an agreement, you must perform the following algorithm of actions:

Mandatory presence of both parties.
The lease agreement must be executed in three copies (two for each party and one for the Rosreestr authority).
Collect the package of necessary documentation.
Provide the complete package to the local Rosreestr office.

Required documents

The package of documents must include the following papers:

documents confirming ownership of residential premises;
title document for the rented living space;
a document confirming payment of the state fee for registering the lease agreement (receipt or check);
originals and copies of passports of both parties;
both copies of the agreement signed by each party;
technical plan of the property (issued by the BTI body).

Title documents are recognized as the sources on the basis of which the living space became the property of the owner , for example:

purchase agreement;
gift agreement and other documents.

Reference. The technical plan must indicate the number and area of rooms, as well as their location.

Action plan for transaction participants:

Drawing up and signing an agreement.
The process of collecting the required documents.
Submitting the application and all documents to the Rosreestr authorities.
Waiting for a response, which should follow in 5 business days.
Entering information by Rosreestr employees into the Unified State Register of Real Estate.
Receiving a registration document.

Apartment rental agreement - apartment rental agreement - sample

Drawing up an application for government registration

There is a standard application form and it is located in Rosreestr. There is no established form at the legislative level. The form can be downloaded on the Internet by typing the required query into a search engine. However, the application must contain:

the correct name of the institution and full name, as well as the position of the responsible person to whose name the application is sent;
Full name and address of the applicant, as well as contact information (telephone, email);
document's name;
consent of the spouse (if any);
date and personal signature of the applicant.

In general, the document looks like this:

In the upper right corner, fill out the header of the application addressed to the authorized person. The full name of the institution and the applicant’s details are also written down.
Next, in the middle, the name of the document is written - a statement.
The “body” of the application contains a request to register the rental agreement indicating the address of the property.
Next, the consent of the second spouse, his full name, signature and transcript (if any) is written down.
At the end, the current date and personal signature with the applicant’s transcript are affixed.

On a note. The application, along with a complete package of documents, can be submitted by the legal representatives of the owner on the basis of a notarized power of attorney.

In what time frame does this need to be done?

The rental agreement must be registered no later than 30 days from the date of its signing (Federal Law No. 218, Article 51).

Duties and other expenses

The state fee for the service of registering a rental agreement is 2,000 rubles. However, if the documents will be submitted by a legal representative, the owner must contact a notary to draw up a power of attorney. This service is also paid. Specific amounts must be found out at the notary's office, as they differ depending on the region of residence.

How to draw up a contract correctly?

LDS is a bilateral agreement under which a person in need acquires living space suitable for living.
At the same time, this property retains ownership rights to government departments. The basis for moving a needy family into allocated municipal living space is a formalized DSN. Contractual relations between the municipality and the employer are regulated by Chapter 8, Section. III Housing Code of the Russian Federation and certain norms of Chapter. 35 Civil Code of the Russian Federation.

A correctly drawn up DSN is a document filled out without errors, corrections or deletions. The agreement must clearly state the subject of the agreement and the conditions that the parties to this agreement must fulfill.

Note. When compiling the DSN, each region of the Russian Federation may have its own legislative features regarding the social use of housing.

As a rule, the initiator of drawing up the DSN is the authorized agency, which usually provides an agreement form in which the relevant data of the employer and his family must be entered. Therefore, the employer does not need to search for the form. However, such a form and sample can be downloaded in this article, a little lower.

The signed agreement allows the employer to:

Move in and register temporary and permanent residents in allocated living space.
Sublease housing.
Demand the elimination of faults in common property and the provision of housing and communal services.
Privatize housing.

Despite the fact that the DSN is signed by the applicant, the agreement includes all members of his family, since:

All persons living in the allocated living space, as well as the tenant, are responsible for the integrity and serviceability of the living space.
They also legally have the right to apply for re-conclusion of the DTA on their own behalf if such a need arises.

A correctly drawn up DSN must contain essential conditions, otherwise it will not be recognized as valid.

Essential terms of the agreement

The state or municipal department can allocate housing to needy families on the basis of the DSN.
The landlord is a municipal department or a state housing fund. A citizen of the Russian Federation who has received low-income status in the prescribed manner can become an employer. The beginning of drawing up a contract is carried out with the designation:

Document titles.
Places and dates of its completion.
Displays the details of the parties.

When further filling out the DSN, the document must reflect the essential terms of the agreement, including:

Subject of the agreement . Here the landlord undertakes to transfer the living space to the tenant.

Characteristics of a residential building . This section indicates housing parameters and a list of the applicant’s family members.

Amount of monthly payment for the use of allocated living space.

The remaining sections do not relate to essential conditions, but they also play an important role in designating the conditions of the DSN. Such sections that are not essential, and at the same time cannot be ignored, are:

Rights and obligations of the parties.
Responsibility of the parties to the agreement.
Conditions for changing and terminating the agreement.
Other conditions.
Details of the parties with their signatures.

If all recommendations are implemented, such a DSN will be correct and will receive the appropriate legal status.

Sample of filling out a social rental agreement for residential premises in 2021

and sample

Form, doc
Sample, doc

Peculiarities

In accordance with Art. 674 of the Civil Code of the Russian Federation, an agreement between the owner of the premises and the tenant is registered only if it is concluded for a period of at least 12 months. Many owners use this loophole in the law for personal gain: they deliberately enter into an agreement for a period of less than 1 year, and then extend it.

This makes it possible to avoid document registration and save money. In addition, the lack of registration allows apartment owners to remain undetected by the tax service . Registration of the rental of real estate is a mandatory procedure if the agreement was signed for a period of more than a year.

Concluding an agreement for a period of more than 12 months is advisable only if expensive housing with valuable property is being rented, or the owner of the apartment lives in another city and needs additional guarantees of the security of the transaction. Now you know whether you need to register a residential lease agreement.

If you find an error, please select a piece of text and press Ctrl+Enter.

Changing the social tenancy agreement

The legislative norms of the Russian Federation provide for the possibility of changes to the DSN under certain circumstances.
The following changes are allowed:

If a new tenant’s family is moved into the allocated living space in accordance with the DSN, changes are made to such an agreement in accordance with (Clause 2 of Article 70 of the Housing Code of the Russian Federation).
It is also necessary to make adjustments to the DSN if citizens living in the same living space at some point join into one family. In this option, they have the right to demand that adjustments be made to the DSN taking into account the residence of all persons occupying a residential building (Article 82 of the Housing Code of the Russian Federation).
Another possibility for amending the DTA can be made if a member of the tenant's family, with the consent of other family members and the landlord, wishes to become a tenant under the existing DTA in place of the original party to the agreement. The same right can be received by a family member upon the death of the employer.

All these agreements have their own differences and conditions. What are they?

Size of residential premises provided Housing space under social tenancy and free use agreements is provided at a rate of 18 square meters. meters of living space per person. The dimensions of a residential premises specially equipped for the accommodation of a disabled person with a musculoskeletal disorder, provided under a contract for free use, may be more than the norm for provision, but not more than twice. Unlike social rent and free use, the size of living space provided under a commercial lease agreement is not limited by the provision rate (for example, if the landlord has the opportunity, housing can be provided on the basis of one room for each family member).