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

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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 contract renting a municipal apartment

It is worth noting that not everyone has the opportunity to use premises on social rent. Only persons with Russian citizenship can count on its free allocation.

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.

A social rental agreement can only be concluded with a person in this queue. Registration is carried out by local authorities.

The basis for using municipal housing is the decision to allocate premises and the contract concluded on its basis. The latter must be in writing.

The Housing Code provides for the Government to adopt a standard form for this type of agreement. They must contain a clause on the subject, which describes in detail the premises being leased. This is followed by conditions on the obligations and rights of the parties, rules for changing (terminating) contracts, data and details of both parties.

Social contract Renting a municipal apartment is concluded without any time limit.

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).

Where to get a social tenancy agreement, where to apply?

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.

Procedure

To sign a document on social When hiring, it is important to go through the entire procedure for providing municipal housing for use. It consists of several stages. The first of these is the recognition of the applicant as needing free 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.

How to restore a lost order for an apartment

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.

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.

Where to get a social tenancy agreement for privatization

To carry out the privatization procedure received through social networks. Renting an apartment also requires collecting a number of documents. It will not be possible to arrange it without a social tenancy agreement.

If for some reason the employer does not have this document in his hands, then you can get a social tenancy agreement for privatization from the body that originally signed it.

Step by step procedure

To receive a document about social security. When hiring you need to do a number of things:

Find out whether you fall into the category of people who can qualify for a free apartment.
Next, you need to register as a citizen in need of such housing. To do this, submit an application and the required package of documents to the local administration.
After being included in the list for housing, you need to wait your turn. When she approaches, a decision will be made on the allocation of housing.
Based on this decision, application and documents attached to it, the social contract itself is drawn up. hiring

How to restore a lost order for an apartment

Since Soviet times, a document such as an apartment warrant has been used to move citizens into housing. However, as soon as the updated version of the Housing Code of the Russian Federation came into force, this document (movement order) lost its previous force and could not be used.

The applicant was not registered in the housing indicated in the application. It is impossible to draw up an agreement on social services. renting with a person who is not registered on the premises, even if he has previously registered at the address of the property. The procedure for deregistration is assessed as equivalent to the loss of the right to reside in municipal housing. During the privatization process, those persons who are discharged from housing cannot claim a property share of the property;
When a document was lost by its owner and a government agency. When a government agency is also at fault, a social security agreement can be concluded with the person. hiring You must have with you a civil passport and identification documents of each resident registered in the apartment, an extract prepared from the house register, apartment cards and a certificate from a personal personal account;
Refusal may be unlawful when they refuse to sign an agreement if the warrant was issued for the deceased. All rights of a person who has died are transferred to his closest relatives by a certain order, if any, and they maintain registration in the housing.

How to restore a contract and get a duplicate of it

The contract, like any other documents, can be lost. At the same time, it is important for the employer to have it at hand. Therefore, social housing users often ask whether it is possible to obtain a second copy of the document.

The legislation provides for the possibility of reinstating a social tenancy agreement for residential premises.

Documents for recovery

It is possible to obtain a copy of the social tenancy agreement using an application and the following documents:

passport, other identity document;
current certificate of family composition;
extracts from personal account (house register).

Depending on the situation, other documents may be required from the applicant.

How to get a copy of a social tenancy agreement? Legal nuances

How to get a copy of a social tenancy agreement? Legal nuances

Every person understands well the importance of a social tenancy agreement, which gives the right to live in a municipal apartment. However, sometimes situations occur when a citizen loses this important document or its physical damage occurs.

In such cases, people have a question about how to obtain a copy of the social tenancy agreement for residential premises according to the law.

Considering the fact that all apartment accounting, its management and the distribution of real estate of state importance belongs to the Housing Fund Department, we should start with it.

Any person living in a state apartment enters into a social rental agreement with this government body. All contracts are concluded in 2 copies, one of which is stored in the archives of this fund, and therefore you can always get a copy of it.

If the original social tenancy agreement is lost, the main tenant must take his passport, a certificate of family composition, as well as an extract from the house register and contact the Housing Fund department where he received the act. There he writes a statement of the established form, after which he expects a response within 2-3 weeks.

At this time, specialists check all the papers and find the agreement in the Unified Register. Then the person is given an officially certified copy of the contract, which has full legal force and can completely replace the original.

Usually, in order not to waste time, a person seeks legal advice on housing issues, which can be obtained from a specialized firm or company where relevant specialists work. Our competent lawyers have been providing assistance in resolving the most complex issues for many years, guaranteeing only positive and effective results.

What to do after the death of a citizen?

Family members of the tenant of the residential premises who lived in the apartment together with the testator, on the basis of Art. 672 of the Civil Code of the Russian Federation have the opportunity to live in this premises even after the death of the main tenant.

In this case, the legislator indicates the right of any relative to enter into an agreement for an apartment with the authorities providing housing from the state fund.

Thus, the legal heir of the deceased person will become a full party to the contract for non-privatized housing and will retain his rights to reside in the apartment.

Law No. 1541-1 dated 04.07.1991 allows such employers to carry out the procedure for privatization of real estate.

What kind of housing cannot be privatized?

The law lists those categories of residential premises for which citizens cannot register ownership. Among such housing:

The apartments are in disrepair.
Apartments in dormitories.
Living areas in houses of closed military cities.
Premises located in service buildings.

How to privatize rented residential premises?

Submitting an application

In order to begin the procedure for privatizing an apartment, the heir of the deceased, who entered into a rental agreement, must contact the registration authorities at the place of residence.

A citizen will need to fill out a standard application and submit to authorized persons a number of necessary documents confirming his rights to the real estate property subject to privatization.

Documents for registration of rights

When visiting the registration authority, a citizen wishing to privatize housing must collect a certain package of documents.

Among these papers:

Passport.
Applicant's registration papers.
Certificate for an apartment from the BTI.
Warrant for an apartment.
A social rental agreement for an apartment drawn up in the name of the applicant.
An extract from the house register, which records information about all citizens living in the residential premises.
A notarized power of attorney, which is necessary for the representative of a citizen who is a party to a social tenancy agreement.

Consideration of the application

The application for privatization is considered by the registration authorities, which check the information provided for authenticity and reliability, making the necessary requests.

After the inspection, the authorities draw up an agreement for the transfer of residential premises into the ownership of the citizen.

The ownership of an apartment arises from the person who declared its privatization after registration of such an agreement. The procedure for registering a document involves entering data about the apartment into the Unified Register.

Thus, only the person who lived together with the testator will be able to inherit the rights to a non-privatized piece of real estate. Before carrying out the privatization procedure, he will need to re-register the social tenancy agreement for residential premises, concluded with government agencies, in his name.

More details: https://www.kakprosto.ru/kak-81098-kak-pereoformit-dogovor-socialnogo-nayma#ixzz4h8LrWtU7

social rental agreement is concluded with low-income citizens who receive an apartment on a first-come, first-served basis. All family members are included in the agreement, one of whom is registered as a responsible tenant. All members of his family have an equal right to use the living space, so if necessary, the contract can be renewed. When re-registering, an adult citizen registered in the living space must be entered as the responsible tenant.

You will need

- statement;
— passport of all registered persons and a photocopy of all pages;
— rental agreement or warrant;
— extract from the house register and personal account;
— notarized permission from all registered persons or their personal presence in the department;
— other documents confirming the reason for re-issuing the contract.

Instructions

More details: https://www.kakprosto.ru/kak-81098-kak-pereoformit-dogovor-socialnogo-nayma#ixzz4h8LyHfx7

If you have a need to re-issue a social tenancy and include another family member as a responsible tenant, contact the Housing Policy Department with an application. The application must be signed by all adults registered in the apartment or given notarized consent to the change in the contract of the responsible tenant

More details: https://www.kakprosto.ru/kak-81098-kak-pereoformit-dogovor-socialnogo-nayma#ixzz4h8MJBwuw

In addition to the application, present the passport of everyone registered in the living space and photocopies of all pages, an extract from the house register and personal account, a social tenancy or warrant, and other documents confirming the reason for re-registration of the agreement. These documents include:

More details: https://www.kakprosto.ru/kak-81098-kak-pereoformit-dogovor-socialnogo-nayma#ixzz4h8MZFzvs

death certificate, certificate from the place of residence confirming the deregistration of the responsible employer.

More details: https://www.kakprosto.ru/kak-81098-kak-pereoformit-dogovor-socialnogo-nayma#ixzz4h8MhLW6N

After re-issuing a social tenancy , contact the housing department to make corrections to your personal account, since receipts for payment of utility services are sent and issued in the name of the responsible social housing tenant.

More details: https://www.kakprosto.ru/kak-81098-kak-pereoformit-dogovor-socialnogo-nayma#ixzz4h8MnwEuR

If any of the registered persons in the living space are against re-issuing a social tenancy , contact the arbitration court, since all controversial issues are resolved on the basis of a court ruling.

More details: https://www.kakprosto.ru/kak-81098-kak-pereoformit-dogovor-socialnogo-nayma#ixzz4h8MuwMn8

Familiarize yourself with the Housing Code of the Russian Federation and the Civil Code governing the rental for residential premises and its re-conclusion.

More details: https://www.kakprosto.ru/kak-81098-kak-pereoformit-dogovor-socialnogo-nayma#ixzz4h8NAR2d5

https://napravah.com/kvartira/dsn/rastorzhenie.html

Disputes regarding the renewal of the contract are resolved in court.

How to renew a contract? For this you will need the following documents:

· application for re-registration;

· passports of all persons registered in the apartment;

· photocopies of all pages of the passport of persons registered in the housing;

· social contract hiring;

· extract from the house register;

· statement from personal account;

· notarized permission to re-register the contract from each person registered in the apartment, if presence in the institution in person is impossible;

· papers indicating the grounds for re-registration of the contract (death certificate, document confirming the incapacity of the employer, and so on).

If the contract is renewed due to the death of the employer, then it must be written out before submitting an application for renewal . Information on how and where people are discharged from an apartment after death is here

An application for renewal of the contract must be submitted to the Housing Policy Department. The application must contain the signatures of all persons who are registered in the apartment. If it is impossible to collect the signatures of all registered persons, notarized consent for the procedure is required.

To carry out re-registration, you will definitely need documents justifying this procedure. For each situation, an appropriate package of documents is required:

· a court ruling recognizing the incapacity of the employer;

· a court order to imprison the responsible person in a correctional institution;

· death certificate;

· a certificate from the place of residence indicating that the tenant is no longer one of the persons registered in the housing.

After the contract is reissued, you need to contact the housing department to make the appropriate changes to your personal account. Receipts for payment of services and rent will contain the full name of the new tenant.

What to do if not all citizens registered in the premises agree to the procedure for re-registration of the contract? In this case, you can apply to the arbitration court. Disputes regarding the renewal of the contract are resolved in court.

If re-registration is required in connection with the exchange of housing, both the new owners and the former tenant must come to the Housing Policy Department. There must also be two applications: on behalf of the employer and on behalf of the new owners.

Termination of the contract is carried out only in the event of the death of the tenant, if he was the only person registered in the municipal apartment.

Issues of re-registration of the social contract. rentals are determined by the Housing and Civil Code of the Russian Federation.

When terminating or renewing a contract, the rights of citizens are respected. The procedure is carried out in court, taking into account all factors: position, presence of minors, incapacity, financial situation, reason for termination or re-registration.

People who received an apartment under a social contract. hire, have the right to take various actions with her, including termination of the contract. This is done in accordance with the laws. Each of the procedures (re-registration, termination, invalidation) has its own procedure.

https://napravah.com/kvartira/propiska/vypiska-umershego.html

https://n Discharge of the deceased from a non-privatized residential premises

If the living space belongs to the state, and its main tenant was a deceased person, then you may stumble upon unexpected difficulties. Here's what they are:

· firstly, you will need to visit the municipality, and there you will also be required to prove your relationship with the deceased, as well as an old agreement for the rental of an apartment;

· secondly, the person for whom the documents will be reissued must also be registered at this address. Please note that this re-registration may take a lot of effort and time from you than just an extract.

apravah.com/kvartira/propiska/vypiska-umershego.html

Lead Consultant

Rak Natalya Sergeevna (4832) 64-46-62

htt Art. 71 Housing Code of the Russian Federation Rights and obligations of temporarily absent tenants of residential premises under a social tenancy agreement and members of his family The temporary absence of a tenant of residential premises under a social tenancy agreement, any of his family members living with him or all these citizens does not entail a change in their rights and obligations under a social tenancy agreement.p: https://napravah.com/kvartira/propiska/vypiska-umershego.html https://nZhK RF, Article 71. Rights and obligations of temporarily absent tenants of residential premises under a social tenancy agreement and his family members

The temporary absence of a residential tenant under a social tenancy agreement, any of his family members living with him or all these citizens does not entail a change in their rights and obligations under the social tenancy agreement.

apravah.com/kvartira/propiska/vypiska-umershego.html//napravah.com/kvartira/propiska/vypiska-umershego.html

https://napravah.com/kvartira/propiska/vypiska-umershego.html

According to Art. 69 of the Housing Code of the Russian Federation, if the responsible tenant had relatives and they lived with him (that is, they had registration in a municipal apartment and were indicated in the social tenancy agreement), then the right to operate this apartment passes to them.

https://domdomoff.ru/neprivatizirovannaja-kvartira-posle-smerti-kvartirosemshhika.html

If the tenant lived alone in a non-privatized apartment, or other relatives lived with him without registration, then the non-privatized apartment after the death of the tenant will “return” to the owner, that is, to the municipality.

The relatives of the deceased will not be able to inherit it.

Who is not entitled to the housing in question?

Only citizens who have permanent registration in it and who are indicated in the social tenancy agreement can apply for privatization of a municipal apartment.

Only family members of the responsible tenant are included in the contract. These include children, parents and the employer's spouse.

To register other citizens, the consent of the owner of the property, that is, the municipality, is required.

Therefore, only relatives closest to the tenant can register ownership of housing.

Who is not entitled to the housing in question?

Only citizens who have permanent registration in it and who are indicated in the social tenancy agreement can apply for privatization of a municipal apartment.

Only family members of the responsible tenant are included in the contract. These include children, parents and the employer's spouse.

To register other citizens, the consent of the owner of the property, that is, the municipality, is required.

Therefore, only relatives closest to the tenant can register ownership of housing.

https://zhkrf.ru/71

The previously existing Housing Code of the RSFSR proceeded from the fact that the right to residential premises could be terminated if the tenant or members of his family were absent from the residential premises beyond the period provided for by this Code, as a result of which persons who did not live in the residential premises provided to them for good reasons, as as a rule, they lost the right to it. The right to housing for absent users was retained only under the conditions provided for by the Housing Code of the RSFSR.

“Housing Code of the RSFSR” (approved by the Supreme Court of the RSFSR on June 24, 1983) (as amended on July 20, 2004)

https://www.consultant.ru/document/cons_doc_LAW_2718/5c51988aef581e2390603f8f15969c768e79f923/

Article 60. Preservation of residential premises for temporarily absent citizens

The provisions of part one of Article 60, which allow the deprivation of a citizen (tenant of a residential premises or members of his family) of the right to use residential premises in the event of temporary absence , were recognized as inconsistent with the Constitution of the Russian Federation (Resolution of the Constitutional Court of the Russian Federation of June 23, 1995 N 8-P). In accordance with Part 3 of Article 79 of the Federal Constitutional Law of July 21, 1994 N 1-FKZ, acts or their individual provisions recognized as unconstitutional lose force.

Housing Code of the Russian Federation since March 1, 2005

Free privatization of residential premises is unlimited. The limitation on the period of free privatization was canceled by Federal Law No. 14-FZ of February 22, 2017.

https://www.consultant.ru/document/cons_doc_LAW_100/

PLENATURE OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

DECISION of July 2, 2009 N 14

ABOUT SOME ISSUES ARISED IN COURT PRACTICE IN THE APPLICATION OF THE HOUSING CODE OF THE RUSSIAN FEDERATION

In the temporary absence of the tenant of the residential premises and (or) members of his family, including former family members, they retain all rights and obligations under the social tenancy agreement for residential premises (Article 71 of the Housing Code of the Russian Federation). If the absence of these persons from the residential premises is not temporary, then interested parties (landlord, tenant, members of the tenant’s family) have the right to demand in court that they have lost the right to residential premises on the basis of Part 3 of Article 83 of the Housing Code of the Russian Federation in connection with leaving for another place of residence and thereby terminating the social tenancy agreement. When resolving disputes about recognizing a tenant, a family member of a tenant or a former family member of a tenant of a residential premises as having lost the right to use residential premises under a social tenancy agreement due to their constant absence from the residential premises due to leaving it, the courts must find out: for what reason and for how long the defendant is absent in residential premises, whether his departure from the residential premises is forced (conflictual relationships in the family, divorce) or voluntary, temporary (work, training, treatment, etc.) or permanent (took out his things, moved to another locality , entered into a new marriage and lives with a new family in another residential premises, etc.), whether there were any obstacles to him in using the residential premises from other persons living in it , whether the defendant acquired the right to use another residential premises in a new location residence, whether he fulfills obligations under the contract to pay for living quarters and utilities, etc. If the court establishes circumstances indicating the defendant’s voluntary departure from the residential premises to another place of residence and the absence of obstacles in the use of residential premises, as well as his refusal to unilaterally from the rights and obligations under the social tenancy agreement, the claim to recognize him as having lost the right to residential premises is subject to satisfaction on the basis of Part 3 of Article 83 of the Housing Code of the Russian Federation in connection with the termination of the social tenancy agreement by the defendant in relation to himself. The absence of a citizen who voluntarily left a residential premises for another place of residence, in the new place of residence, the right to use residential premises under a social tenancy agreement or the right of ownership of residential premises cannot in itself be a basis for recognizing the absence of this citizen in the disputed residential premises as temporary , since, according to Part 2 of Article 1 of the Housing Code of the Russian Federation, citizens, at their own discretion and in their own interests, exercise their housing rights. A citizen’s intention to refuse to use residential premises under a social tenancy agreement can be confirmed by various evidence, including certain actions, collectively indicating such an expression of the citizen’s will

as parties to a residential lease agreement.

Yes, Art. 155 (Part 11) of the Housing Code of the Russian Federation provides that in the temporary absence of citizens, payment for certain types of utility services is carried out taking into account the recalculation of payments for the period of temporary absence of citizens in the manner approved by the Government of the Russian Federation. Thus, for a tenant who is not temporarily living in the residential premises, there is a change (reduction) in the scope of his obligation to pay for utilities. This rule was first introduced at the federal level, although some regions have long been guided by it, implementing their own legal regulation in this area.

How to get a copy of a social tenancy agreement? Legal nuances

In such cases, people have a question about how to obtain a copy of the social tenancy agreement for residential premises according to the law.

Considering the fact that all apartment accounting, its management and the distribution of real estate of state importance belongs to the Housing Fund Department, we should start with it.