How to restore a social tenancy agreement

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Who can get an apartment under a social lease agreement? According to the law, those citizens who do not have the opportunity to improve their living conditions can count on receiving social housing. To do this, you will have to collect a package of documents confirming this need and submit an application to the administration. Below we will describe in detail what papers need to be prepared, how to write an application and what deadlines are provided by law for its consideration.

The procedure for reinstating a social tenancy agreement

List of documents for reinstating a social tenancy agreement:

identification documents;
extract from the house register and personal account;
certificate of family composition;
marriage (divorce) certificate.

The social tenancy agreement is concluded for an indefinite period, so if you have one, then there is no need to re-register it. It is necessary to renew the agreement only in the event of the death or departure of the person with whom the agreement was previously concluded.

If you have lost the contract or it has become unusable for a number of reasons, for example, burned, torn, etc., then you can get a duplicate at any time. To do this, contact the Housing Policy Department with a corresponding application. You also need to present identification documents of everyone registered in this living space, a birth certificate for children under 14 years of age, and a certificate of marriage (divorce).

Be sure to obtain an extract from the house register and personal account. If there are people registered in your living space who did not receive a municipal apartment as part of your family, present the documents that serve as the basis for their registration. These documents include the written consent of all family members and the owner of the premises represented by the local municipality. If those registered are members of your family or are close relatives, for example, you registered elderly parents, children, a spouse, then you do not need to present any documents other than those indicated.

If the social tenancy agreement is lost and the responsible tenant has died or changed his place of residence, then it is impossible to obtain a duplicate. You will have to renew the contract. Any adult tenant who, as part of a family, received social housing space has the right to renew it.

The processing time for your documents and submitted application will not exceed 30 days. After which you can contact the housing policy department and receive a duplicate or a new agreement, which is subject to bilateral signing.

Notify the management organization servicing your home about receiving a duplicate or renewing a social tenancy agreement by presenting the original and a photocopy of the newly received document.

How to recover a duplicate if a document is lost?

Where can I get a copy of the social tenancy agreement for a municipal apartment if it is lost and how can I correctly obtain this duplicate? If you have lost the contract or something happened to it, the document must be restored. Let us remind you that when registering, two copies are made: one remains with the landlord, the other with the tenant. If the housing is social, its landlord is the city administration. This is where you need to contact to restore the official paper.

The employer who has lost the contract will have to draw up an application and re-attach documents and certificates to it :

copies of passports and birth certificates of everyone living in the apartment;
certificates of marriage and divorce (if any);
certificate of family composition;
extract from the house register;
extract from the personal account.

The prepared papers must be taken to the same department where the application for social housing was submitted. A new duplicate of the document will be ready no later than in a month.

If the employer has died, then a duplicate official document in the name of another person will no longer be issued. One of the family members will have to renew the contract again.

What is a duplicate? Is it possible to restore the original social tenancy agreement?

In accordance with GOST R 7.0.8-2013 “National Standard of the Russian Federation. System of standards on information, librarianship and publishing. Record keeping and archiving. Terms and definitions" (approved by order of Rosstandart dated October 17, 2013 No. 1185-st), the original of the document is its first or only copy (clause 21, article 3.1). Accordingly, a duplicate is a re-issued copy of the original documentation (clause 22 of GOST), which is issued in place of the original.

Only one original or one duplicate can exist at a time. However, situations are possible when the original was lost, a duplicate was issued, but then the original was found. In this situation, the original and the duplicate have equal legal force.

In this case, a duplicate should be distinguished from a copy of a document. A copy is a copy that fully reproduces the content and format of the original documentation (clause 23, article 3.1 of GOST). It can be simple and certified, but it has the force of an original only if it is certified by a notary, a judge (during the consideration of the case) or the head of the colony where the convicted person is serving his sentence.

In accordance with established judicial practice, the employer has the right to receive a duplicate of the social tenancy agreement in the following cases:

loss of the original;
the unsuitability of the first copy of the documentation (ruling of the Moscow City Court dated October 26, 2010 in case No. 33-31189/2010).

If the document is preserved to such an extent that its content allows the obligations of the parties to be determined, it does not lose its force. However, an old document should not contain additions, corrections, or blurred text (appeal ruling of the Stavropol Regional Court dated May 14, 2015 in case No. 33-2025-2015).

Documents for obtaining a duplicate of the contract

When submitting a request to receive a duplicate of the contractual document on social rent, the following will need to be attached to the application:

an extract from the unified state register of rights to real estate and transactions with it on the presence or absence of registration of ownership rights to the desired residential premises. You can obtain an extract for a fee by contacting the multifunctional);
control coupon for the order or a copy of the social rental agreement;
documents on family or other connections with persons named in the social tenancy agreement: marriage or divorce certificate, birth certificate, etc. (these documents are submitted if the applicant is a person not specified in the agreement);
identification document (passport, military ID, birth certificate of children, temporary identity card of a citizen of the Russian Federation, etc.);
a certificate of the owners of the premises specified in the application (issued by the BTI);
certificate of the applicant's family composition.

As you can see, obtaining a duplicate is not particularly difficult, since there are several ways to restore a social tenancy agreement. However, this is only possible if there are certain reasons. Otherwise, this is a fairly simple and transparent procedure that any tenant can use.

You will also be interested in reading the materials that we wrote specifically for our Zen channel.

List of documents

To obtain social housing, you will need an impressive package of papers. The applicant must submit both his own documents and those of family members, as well as several different certificates for living space. List of required documents :

Applicant's passport (copy).
Passports and birth certificates of other family members (copies).
Marriage and divorce certificates (copies, if available).
Certificate of family composition.
Documents providing the basis for settlement. This is the original and a copy of the order (if any), as well as the municipality’s decision to provide housing.
An extract from the cadastre stating that none of the family members have their own home.
Certificate of absence of debt on utility bills.
Certificates confirming that the apartment/room belongs to the municipal authorities (certificate from the BTI, extract from the unified state register of rights to real estate and the register of municipal property).
A statement written in free form.

A list of all submitted documents must be attached to it. Be prepared for the fact that the administrative commission, after reviewing the materials, may request additional information.

How and where can you restore a social tenancy agreement?

Statement

Innings

How can you get an agreement to resolve your housing issue? Before accepting the application, specialists will check its correctness and the presence of all documents. Then the applicant will be registered in a special database.

He will receive an extract in his hands. There must be the signature of the employee and the date when the application was accepted. In addition, the submitter of documents should be advised about the timing of the decision and given contact details of department employees .

Terms of consideration

According to the law, the administration is given no more than a month to consider the application. However, this period may be extended if the commission requests additional documents. By the way, there is no fee for submitting an application and placing in a queue.

What information must be provided in the application?

The application is written in free form . It must contain the following information:

Full name of the official.
Full name and place of residence of the applicant.
Address of the rented apartment (room).
Reason for issuing living space.
Full name and date of birth of all family members.
Room area.
Date and signature.

Lost rental agreement

Please tell me how you can restore a social contract if it is lost and this person is no longer alive. Can the daughter of a deceased person do this? And what Documents are needed to restore the social tenancy agreement. And where can I restore it?

Hello! If the social tenancy agreement is lost and the responsible tenant has died, then it is impossible to obtain a duplicate. You will have to renegotiate the contract. Any adult tenant who, as part of a family, received social housing space and was registered in it, has the right to renegotiate it. To do this, contact the Housing Policy Department with a corresponding application. You also need to present identification documents of everyone registered in this living space. The processing time for your documents and submitted application will not exceed 30 days. After which you can contact the housing policy department and receive a new agreement, which is subject to bilateral signing.

How to restore the purchase and sale agreement for an apartment?

All real estate transactions completed after 1998 must be formalized in an agreement with a number of copies, providing for one copy for storage in Rosreestr. Consequently, one of the originals with personal signatures of the parties to the transaction is located in this government agency.

To restore the purchase and sale agreement, you will need to contact the Rosreestr department or the MFC with the following documents:

present an identity card (of the owner of the apartment);
pay the state fee.

Production time is 5 working days.

For a treaty concluded before 1998, the situation will be more complicated. You can find a copy of it from the second party to the transaction or from the BTI. In the first case, if you manage to find the document, you should not only make a copy of it, but also go to a notary with the original and certify the authenticity of the copy.

If the agreement was drawn up by a notary, then one copy of it must be kept by the notary where the transaction was made. At your request, a duplicate will be issued.

How to restore a lost apartment rental agreement

You must be informed of all changes to the agreement, and you must read all additional agreements and newly executed agreements very carefully. If you do not agree with any condition, do not sign any documents, otherwise you will not be able to prove your case in court.

If your house burned down, and you are not the owner of the land plot on which it stood, then, according to Article 39 of the Land Code of the Russian Federation, you retain all rights to this plot for a period of up to three years, provided that you begin to restore the building. That is, if you undertake to rebuild a burnt or destroyed house, you will remain the owner of the land.

How to get a duplicate of a social tenancy agreement

Directly contacting the organization’s employees (in person or through a representative by proxy). To obtain a duplicate, you must write an application and attach the required documents.
Through the Gosuslugi website (https://www.gosuslugi.ru). To work with this site you must go through the registration procedure. Then, to receive a duplicate of the required document, you will need to fill out a form (enter information about the applicant and the documents that need to be attached). After filling out, just click the “Submit Application” button. The status can be tracked through your personal account.
By contacting the MFC. You will need to write an application and attach the necessary documents to it. A duplicate is issued directly to the MFC.

Where to go if you have questions?

If you want to understand the issue in more detail or consult on a specific case, you can use one of two options:

Come in person for an appointment at the one-stop service of the City Property Department. The consultation is free, but you must make an appointment in advance. For Moscow, you can do this online at mos.ru.
Contact the same department's hotline. Phone number.

Help desk staff are available to answer general questions any day of the week. But specialized specialists conduct consultations in accordance with a certain schedule. It was published on the website mos.ru.

Understanding the stages of the procedure and knowing your rights and obligations will help both when preparing an application and when drawing up a social tenancy agreement. Familiarize yourself with housing legislation and consult with specialists if you are still not confident in your knowledge.

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

Social tenancy agreement: how to obtain, how to restore a duplicate

The conclusion of an agreement for free housing is carried out in the established order of priority. To directly conclude an agreement, you need to submit an application and the required package of documents to the relevant department of the city administration or through the MFC. You can pick up the contract on the appointed day after it has been completed and signed.

The right of all citizens to housing, enshrined in the Basic Law of the country (Constitution), is implemented in several directions. One of them is the possibility of obtaining municipal (or state) housing for use. The relevant municipal and, in some cases, state bodies are engaged in their provision. Therefore, in order to obtain the desired square meters for use, you need to contact the municipality or other authorized body of the subject or the Russian Federation.

Social tenancy agreement: how to obtain, how to restore a duplicate

How to restore a social tenancy agreement

— A court decision that has entered into legal force (on the establishment or termination of family relations, deprivation of parental rights, recognition as deceased, recognition as missing, on moving a family member into a living space, on concluding a social tenancy agreement (a copy with presentation of the original).

Residents of the city of Moscow occupying residential premises of the housing stock of the city of Moscow, provided to them on the basis of a social tenancy agreement, an agreement for the gratuitous use of residential premises, a rental agreement, an agreement for the rental of residential premises in a non-subsidized building of the housing stock of the city of Moscow, occupying residential premises of the housing stock of the city of Moscow, provided to them (members of their family) on a warrant based on decisions of the executive authorities of the city of Moscow (authorized person).

How to restore a lost order for an apartment

Personal passport and identification code (of the applicant and his family members who will live with him);
Papers certifying the family relationship between the above-mentioned citizens who will eventually receive registration in the apartment;
A warrant for living space as a basis for applying is not required, but it speeds up the registration process.

Submit an application to the regional administration at the location of the immovable property, where data on the issuance of the warrant is stored, and there are entries from the house register, along with copies and spines of documents;
If the regional administration does not have information, care should be taken to draw up a social tenancy agreement.

Restoration of the certificate of ownership

Ownership of real estate must undergo state registration with Rosreestr. Until July 2021, the procedure was confirmed by a certificate. Then, instead of a certificate, they began to issue an extract from the Unified State Register of Real Estate.

Accordingly, it is no longer possible to restore the certificate, but you can only obtain an extract from the Unified State Register of Real Estate.

To receive an extract containing all the information about the apartment, you must submit a request by filling out an electronic application and pay a fee. The answer will be ready within one to three working days.

How to restore documents for an apartment by

Contact the management company servicing your home (housing office, REU, Engineering service, etc. - depending on the region) with an application for the issuance of a control coupon for the order. If the coupon has been saved, you will receive it in your hands. If not, you will be given a certificate stating that the coupon was not saved.

If the administration refuses to accept your application, request a written reasoned refusal. In situations where this cannot be achieved at the reception, send the application by mail in a valuable letter with a list of attachments and acknowledgment of delivery. You are required to respond within a month from the date of receipt of the letter.

Cost of document restoration

Restoring all the papers in the apartment will require not only time, but also money for the following activities:

The state fee for an extract from the Unified State Register for an individual is 300 rubles in electronic form and 750 rubles in paper form;
state duty for issuing a copy of the contract from Rosreestr is 300 rubles;
The notary's fee for issuing a duplicate of the contract, if the transaction was executed in his presence, is 100 rubles; you will additionally need to pay for the service according to the tariff;
for issuing a cadastral passport, the state duty is 200 rubles, a technical plan - 800 rubles, and a technical passport will be issued after the necessary work is completed, depending on the cost of the services of a cadastral engineer (on average 1,500 rubles);
a copy of the social tenancy agreement is issued upon request of the employer free of charge.

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What to do if the warrant for an apartment is lost: recovery features and recommendations

In reality, citizens are only required to provide identification (passports and birth certificates), as well as any documents indicating the applicants' relationship. It would be enough. It is advisable to bring certificates of income and any housing you own. All this will be taken into account when considering the application.

Restoring an order under such circumstances is impossible. Instead, residents are required to unconditionally conclude a social contract. hiring If this service is denied, citizens can file a lawsuit. And then the agreement will be signed forcibly.

Social tenancy agreement: how to obtain, how to restore a duplicate

Foreigners, as well as people without citizenship at all, cannot be tenants of municipal or state housing stock! In addition, only persons who are in need of an apartment can apply for social rent. This fact is confirmed by the inclusion of people in need in the queue for housing.

After the applicant for an apartment is included in the lists, he has to wait his turn. Having decided to allocate premises, the local administration, based on the citizen’s application and the documents provided by him, draws up an agreement. On the appointed day, the parties sign a document, where the employer can receive it in his hands.

Document types

According to their content and purpose, documents for an apartment can be divided into three groups: title-establishing, confirming ownership and technical.

Legal

The documents on the basis of which the owner’s right to real estate is established include:

transaction agreement (purchase and sale, gift, etc.);
an agreement with the municipality on the transfer of ownership of the apartment through privatization;
equity participation agreement in case of purchasing housing at the construction stage;
certificate of entry into inheritance rights.

A court decision, when the right of ownership is established in court, makes it possible to subsequently register the property in Rosreestr.

All of the listed documents confirm the legal basis for ownership of living space.

Copyright-certifying (title-certifying)

You can certify the state registration of property with an extract from the Unified State Register of Real Estate - it contains all the necessary information about the object registered in Rosreestr.

Technical

This group includes documents that describe in detail the parameters of the apartment, including important technical indicators, schematic representations of rooms and other premises. These include:

technical plan of the residential premises;
technical passport of the apartment.

To obtain a duplicate of any of these documents, you will need to contact the authority that issued the original version.