Buying your own home is very expensive for many citizens. Not everyone can afford such luxury, especially in large cities with high real estate prices.
Therefore, most often people rent housing, being full owners of apartments owned by other persons.
By receiving housing for use, a citizen acquires a certain set of rights and responsibilities for the use of residential premises. Such rent is usually for a fee.
The tenant of a residential premises is the person who enters into a rental agreement for an apartment with its owner and, for a certain fee, lives there during the term of the agreement. The Civil Code of the Russian Federation devotes an entire chapter to the relationship between the employer and the lessor.
Basic moments
Sometimes in life everything doesn’t work out the way we would like, and the opportunity to buy your own home becomes just a dream that can only come true after many years. However, there is a way out of this situation.
Low-income citizens of our country can receive housing for social rent. After this, people will be able to live in their apartment (although the owner will be the state or municipality) and simply pay for utilities.
As a rule, social rented housing is provided to citizens for an indefinite period. But the contract must include all people who are considered relatives of the employer. That's the order.
Definition
The tenant of a residential premises is a person who has been provided with housing under the terms of social or commercial rental for the use and possession of it. A disposition (for example, selling a house) is not permitted in this case. In addition, housing must be used exclusively for its intended purpose and on the terms specified in the contract.
It should also be noted that the employer must only be an adult citizen who acts in the interests of his family. Therefore, the latter can live in an apartment together with his husband, children, wife, and parents.
Responsibilities of a residential tenant under a social tenancy agreement
Contractual obligations of the tenant
The social orientation of the agreements does not relieve the tenant from a wide range of obligations established by Art. 67 and the Rules for the Use of Housing. The tenant of the residential premises is obliged to:
- use the premises exclusively for its intended purpose (it is prohibited to organize production workshops, entertainment centers, etc.);
- take into account the rights of your neighbors in an apartment building;
- maintain the premises in decent condition, comply with sanitary and hygienic standards;
- comply with fire safety requirements;
- Carry out cosmetic and routine repairs to housing as necessary;
- pay utility bills and accommodation on time;
- if necessary, allow regulatory authorities and utility service specialists into the home.
Any redevelopment is prohibited, no matter how expensive and thought out to the smallest detail, without the permission of the landlord and the BTI. Upon termination of the social lease, the tenant rents out the housing according to the deed.
Important
So, the tenant of a residential premises is the person who is provided with an apartment, house, or room for use. The basis for performing such legally significant actions is the execution of a commercial or social tenancy agreement. In the latter case, only a Russian citizen can receive housing for use.
Legal entities, in turn, have the opportunity to sign a regular civil contract with the owner of this property. After which the organization receives an apartment or house for commercial rent for a certain period of time.
The concept of a tenant and rental premises
A residential tenant is a person who receives housing from a landlord for temporary residence under a social or commercial tenancy agreement. The procedure for social and commercial hiring is regulated by Chapter 35 of the Civil Code of the Russian Federation.
There are two parties to a rental agreement: the tenant and the lessor. The first receives, for a certain constant fee, isolated housing for him and his family members to live in, the second receives money for the housing placed at his disposal.
Commercial and social hiring differ in the following features:
- in commercial rental, housing is received by an individual from another individual - the owner of the premises;
- In social renting, the landlord is the state or municipality.
Housing for social rent belongs to the state or municipal housing stock. It has no owners in the form of individuals.
To receive such housing for use, the tenant must have the status of needing housing and be in line to receive real estate.
Subsequently, after a while, he will have the opportunity to privatize it if he continues to meet the criteria approved at the legislative level.
We figured out who the employer and the lessor are. It remains to understand what their basic rights and responsibilities are when managing housing.
How is it different from renting?
Today, many people mistakenly believe that renting an apartment from an individual means renting it. Actually this is not true.
When living in someone else's apartment, you act as a tenant of the premises. Rental relationships have no place here.
Rent as a type of civil law relationship is regulated by Chapter 34 of the Civil Code of the Russian Federation.
Renting has nothing to do with hiring. You need to understand, tenant and tenant - what is the difference between them? Both of them use property that does not belong to them by right of ownership.
The tenant and the tenant differ in the following characteristics:
- A legal entity can act as a tenant; only a citizen and members of his family can act as an employer.
- The rental object is only residential premises; you can rent out an office, a warehouse, a production workshop and much more.
- Tenancy occurs between the lessee and the lessor, lease - between the lessee and the lessor.
Unlike a lease agreement, it is possible to terminate an agreement to rent a premises at the initiative of the lessor only through a judicial proceeding.
The maximum validity period of the rental agreement is 5 years . However, it does not need to be registered with special authorities, even if it is concluded for a maximum period.
A lease agreement must be registered if it is valid for more than a year. Therefore, many people enter into lease agreements for a period of less than a year.
Social rental is more protected from the point of view of the rights of the tenant of the premises than commercial one . However, becoming a participant in the social contract of employment is not so simple.
If we are talking about social rental of premises, all family members living together with the main tenant of the premises will act as tenants under the contract.
However, even in 2021, many citizens still rent out their apartments under a lease agreement to other individuals for a period of less than a year in order to be exempt from registration.
In law
Many citizens of our country live in apartments that were transferred to them for use without specifying a period of time, but are nevertheless considered the property of the municipality. This mainly applies to people of the older generation. Therefore, many of them are interested in the question of what rights does the tenant of a residential premises acquire under a social tenancy agreement?
First of all, this is, of course, the possibility of using the apartment for permanent residence. In addition, according to Article 67 of the Housing Code of the Russian Federation, a citizen can move other people into the premises or exchange housing, but only in the manner prescribed by law. This means that without the consent of the owner (municipal or state), such actions of a citizen will be considered illegal.
How to get social housing?
An official status of a person in need of housing is required. A full list of grounds is contained in Article 51 of the LC.
Ownership of rights is secured by placing the applicant on the municipal queue. Belonging to a privileged category of the population increases the chance of acquiring a municipal apartment. Tenant or owner – which is better?
No matter how much the media scares us about rising utility bills and taxes, own housing is preferable to rented housing. Costs for commercial rent are always higher, because the owner strives to earn money, but the rights are actually “zero”.
Social rent is an eternal glance at the authorities plus responsibilities comparable to the owner of the apartment. So it’s better to buy housing or, if possible, privatize municipal housing.
You will learn about what a social tenancy agreement is and who can be a tenant of a residential premises by watching the video:
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Discussion: 7 comments
- Zhanna says:
04/28/2017 at 08:03Indeed, the great advantage of a social tenancy agreement is the possibility of its subsequent privatization into ownership. However, to get such housing under social rent conditions, in big cities you have to wait in a long line, if you end up waiting at all. But under a residential lease agreement, the tenant has absolutely no benefit, only losses.
Answer
- Katya says:
05/06/2017 at 01:30
On the one hand, I believe that a rented apartment is better. At least because you don’t have to pay taxes. And based on some other selfish thoughts. And about social housing... I don’t know... Does it even work?
Answer
- Victoria says:
05/07/2017 at 01:49
I guess, yes. The social housing program works, but it can only be provided to low-income citizens of the Russian Federation on a rental basis. Although, in many respects, everything depends on the place of residence of a person. Each locality has its own rules.
Answer
- Olga says:
05/12/2017 at 05:37
If you do not have any benefits, then it is almost impossible to wait to receive social housing from the state. People have been in such queues for decades. So whether it is profitable or not to rent a house is not a question; there are simply no options other than renting. Or buy your own home.
Answer
- Olga says:
07/08/2017 at 08:07
I don’t even know what’s better: social rent or your own housing. Both here and there have their pros and cons. Owners of municipal housing are exempt from contributions for major repairs; this is within the competence of the municipality. It turns out that the complete overhaul of houses was left to the homeowners.
Answer
- Anastasia says:
27.11.2017 at 13:20
In general, I think that it is better, of course, to have your own home. Hired is also good and has its advantages. There is no need to pay taxes, invest in repairs, etc. But again, your corner is your corner. In my opinion, it’s better to pay for your own than to “pay into your uncle’s pocket.”
Answer
- Dutova Nina Yakovlevna says:
06/17/2018 at 04:33
We have just the option of “not our own” housing and, in principle, we are satisfied with this option because we are “mobile” and are not “attached” either to the apartment itself, or to the furniture, or to things. It's convenient enough.
Answer
What other rights are provided?
An individual who has low-income status and has received an apartment for social rent is a tenant of a residential premises who has the opportunity to live in it with family members.
Also, this citizen has every right to sublease housing to another person for a certain period of time. But the latter can do this with the consent of the landlord (the owner of the apartment - the municipality or the state). In addition, the consent of family members must be obtained. It is important that after subletting the property for a certain fee, the total area of the apartment is no less than the required square meters for each citizen living in it.
Carrying out major repairs
In the case of transferring an apartment to social rent, the owner of the property must provide the person and his family with adequate living conditions in it. That's the order.
In addition, the tenant of a residential premises is a person who has entered into a rental agreement with local authorities and has the opportunity to demand major repairs in the occupied housing, as well as proper participation in the maintenance of the property of an apartment building.
In other words, all expenses except payment for heating, electricity and gas will be borne only by the owner. It is necessary to point out here that the tenant should not make any contributions for major repairs, because this is the responsibility of the owner of the municipal housing.
What does an employer have the right to do?
The rights of the employer are strictly regulated by the norms of the Civil Code of the Russian Federation and the rental agreement itself. Violation of his rights by the landlord may serve as grounds for unilateral termination of the contract.
Under a lease agreement, the tenant has the right:
- Own and use housing - Art. 672 of the Civil Code of the Russian Federation.
- Use the common property of an apartment building.
- Continue to use housing even after the transfer of ownership from one person to another - Art. 675 Civil Code of the Russian Federation.
- Require the tenant to bring the housing into a condition suitable for living – Art. 676 Civil Code of the Russian Federation.
- Move into housing any citizens with the consent of the owner - Art. 679 of the Civil Code of the Russian Federation.
- Move minors into housing without the consent of the owner.
- With the consent of the landlord, carry out reconstruction and refurbishment of housing.
- Extend the employment agreement as a matter of priority – Art. 684 Civil Code of the Russian Federation.
- Terminate the agreement with mandatory notice to the owner 3 months in advance.
- Terminate the agreement in court if it is impossible to live in it due to lack of amenities through no fault of the tenant.
Only a legally capable individual over the age of 18 can act as an employer.
As a user of residential premises, the tenant is obliged to keep it in a clean and habitable condition, as well as pay monthly utilities.
Many people do not know who should pay for major repairs: the owner or the tenant? In fact, the property belongs to the owner, so he will have to pay for major repairs.
Major repairs are paid for on a separate receipt, which has nothing to do with general utility bills. A tenant can generally live in an apartment for only six months and still not wait for major repairs.
Should the tenant pay for the maintenance and repairs of the premises? He must pay for repairs to residential premises only if we are talking about current repairs. Major repairs are paid for by the landlord.
Both one and the other can pay for the maintenance of the premises. Everything in this case will depend directly on the terms of the social or commercial rental agreement.
Characteristic
So, who is the tenant of the residential premises? It can be either an individual or an organization.
If we are talking about social hiring, then the employer will only be a citizen who does not have his own home, preferably a family member and a low-income person. Otherwise, it’s unlikely that anyone will allocate an apartment for a person’s use.
Commercial hiring is arranged not only with a citizen, but even with an organization for a set period of time and for a certain fee. For example, a company rents apartments for a long period of time for employees who come to work on a shift basis. The maximum period of validity of such an agreement is five years, while the transfer of housing to social rent is carried out without specifying a period.
Rights and obligations of the landlord
The landlord also has a certain set of rights and responsibilities in relation to his property and his relationship with the tenant.
He has the right to demand that the tenant pay rent and utility bills. He can initiate eviction proceedings if the terms of the contract are violated by the tenant of the apartment.
After the expiration of the contract, the owner must receive his housing back at his disposal.
In Art. 676 of the Civil Code of the Russian Federation establishes the main obligations of the lessor under a commercial lease agreement. For example, he will be required to enter into a new tenancy agreement with the same employer if the latter wishes to extend it. He won’t be able to choose another tenant just like that.
If we are talking about social rent, then the landlord may prohibit the move-in of other persons into the housing if this violates the area norm for each tenant.
After concluding a social contract, the landlord, represented by the municipality, is obliged to transfer the housing within 10 days according to the acceptance certificate.
When the contract ceases to be valid, the lessor will have to receive the housing back also under the acceptance certificate. The second party should not sign the act if the second party caused any damage to the residential premises.
The tenant of a residential premises always receives real estate for temporary use for residence under a social or commercial tenancy agreement. The use of housing for living is not considered a rental; it is a rental, in which only an individual can act as a tenant.
Each party to the agreement bears its own rights and obligations, violation of which entails termination of the agreement and eviction of the tenant of the premises.
Responsibilities
Many citizens ask the question: “Who is the tenant of a residential premises under a social tenancy agreement?” According to the law, this can only be a fully capable person. If a citizen has children and a wife, then they are members of his family and must be included in the specified agreement.
In this case, it is also necessary to point out that the tenant not only owns and uses a municipal apartment, but also bears certain responsibilities:
- pays monthly rent;
- carries out routine repairs (changes wallpaper, paints windows, doors);
- uses housing only for its intended purpose;
- ensures the safety of the apartment.
This is stipulated in Article 67 of the RF Housing Code.
What is the employer obliged to do?
In addition to the rights, the tenant bears a certain set of obligations, failure to fulfill which may lead to termination of the contract by the landlord.
The obligations of the tenant under a social tenancy agreement can be outlined as follows:
- To use housing for its intended purpose, that is, to live in it – Art. 678 Civil Code of the Russian Federation.
- Ensure the safety of the apartment.
- Maintain housing in a livable condition.
- Pay your housing fees on time.
- Make utility payments regularly.
- Do not refurbish the property without the landlord's consent.
- Do not move other tenants into the property without the consent of the landlord - Art. 679 Civil Code of the Russian Federation.
- Notify the owner about the move-in of other temporary residents - Art. 680 Civil Code of the Russian Federation.
- Pay for current home repairs – Art. 681 Civil Code of the Russian Federation.
Based on the principle of freedom of contract, a rental agreement may contain other obligations of the employer that do not contradict the current norms of the Civil Code of the Russian Federation.
If the tenant does not pay utility bills within six months, the landlord may begin proceedings against him for losing the right to use the premises.
If the neighbors complain about the tenant, he leads an antisocial lifestyle, then, on the initiative of the owner of the premises, he will be deprived of the right to use through the court and evicted from the apartment.
A single fact of damage or destruction of property will also serve as grounds for unilateral termination of the contract. If the housing is used for other purposes, the tenant will also be subject to eviction. This can happen if he starts conducting commercial activities in the apartment.
Termination
It is possible to terminate a social tenancy agreement at any time by agreement of the parties. Most often this happens in cases where a person no longer needs municipal housing (he moved to another city, received an inheritance, or bought an apartment himself). However, the tenant of a residential premises under a social tenancy agreement can terminate the contract only after obtaining the consent of his close relatives living with him.
