Features of the status of the main tenant, and what to do with a municipal apartment after the death of the tenant?

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The problem of division of real estate exists in any legal state, regardless of place and time.

What rights does a responsible tenant have in a privatized apartment in accordance with the legislation of the Russian Federation and what rights are given to registered persons in the same privatized apartment?

These questions require answers from a legal and moral point of view, because these concepts closely intersect in life.

Who is the main employer?

Most often, not just one person, but a whole family moves into a municipal apartment. But only one member of the family being settled acts as an applicant when drawing up the agreement . Documents and utility bills are drawn up in his name. It is he who is responsible to the municipality for the housing provided.

Previously, such a person was called a responsible tenant; after the latest edition of the housing code, the name was simplified to a tenant. The essence remains the same.

Employer status is:

• Responsibility for compliance with the agreement and the actions of the entire family.
• Representative functions in all matters related to housing.

Who is a tenant?

It is almost impossible to get confused in the concept, since, logically, the owner of the apartment is a tenant with responsibility.

In privatized housing, such a tenant becomes the owner of the property with all the ensuing legal consequences. When determining a tenant, it is necessary to understand that he is endowed with both rights and responsibilities.

Tenant rights

He has the right:

• registration/extract of a person;
• carry out transactions for the sale of property, carrying out repair work and leasing property;
• change the status of registered persons;
• enter into deals with state-owned enterprises for the supply of energy resources.

The tenant's responsibilities are listed in Art. 681 of the Civil Code of the Russian Federation, articles 36.48 of the Housing Code of the Russian Federation. In addition to maintaining full compliance with sanitary standards, such a tenant of a privatized apartment is obliged to:

• comply with the law regarding cohabitation in a municipal house;
• use housing in accordance with its intended purpose, if the intended purpose changes, draw up all the necessary documents;
• pay utility bills on time;
• participate in the implementation of major repairs if the housing is located in a municipal building.

As you can see, the state does not completely give property to the absolute right of use and disposal. The government is not able to keep track of the entire housing stock, and therefore, in return for privatization, it leaves a loophole for itself to compensate for losses from the transfer of housing into private ownership.

How to become one?

In order to become the main tenant in a municipal apartment, you need to enter into a social tenancy agreement in your name. This can be done by agreement with other family members. If an agreement cannot be reached, the housing department can appoint a tenant.

How to file a claim?

How to file a claim to become the main one? In accordance with Article 672 of the Civil Code and Article 82 of the Housing Code, any adult and capable family member can become a tenant with the consent of the existing tenant and other residents. Therefore, it is legally possible to ask the municipality, represented by the housing department, to renew the contract. How to change employer? To do this, submit a corresponding application.

However, such requests are not always satisfied. Therefore, you can file a claim for the same in the district court at your place of residence. There are standard templates for such applications, so submitting one will not be difficult.

The following documents are attached to the statement of claim:

1. Copies of passports of all participants.
2. Registration certificates.
3. A copy of the personal account.
4. A copy of the latest receipt, which confirms the absence of debt.
5. Social rental agreement for premises.
6. If the previous employer has left or died, you must provide a certificate of deregistration.
7. Receipt for payment of state duty.
8. Depending on the specific situation, other documents may be needed.

Important! In the event of a positive court decision, municipal authorities will be required to enter into a social rent agreement on new terms.

Rights and obligations

On the one hand, the law says that all registered and living family members specified in the social tenancy agreement have equal rights to this premises, bear the same responsibility for compliance with the terms of the agreement, and have the same responsibilities. At the same time, Article 67 of the Housing Code stipulates the rights and obligations of the person specified in the contract as the tenant.

Rights:

• Accommodate third parties in housing.
• Conclude a lease agreement with other citizens for part of the occupied living space (read about whether a municipal apartment can be rented out here).
• Accommodate someone for a while.
• Demand that the landlord replace the apartment if the existing one does not meet the standards.
• Demand compliance with obligations from the landlord, namely, provision of utilities, major repairs, etc.

Responsibilities:

1. Obliged to ensure the safety of the apartment and other property entrusted to him.
2. Use the premises only for living in it.
3. Do routine repairs with your own money.
4. Maintain the normal condition of the home.
5. Pay utility bills on time.

Concept

The concept of “responsible tenant” is absent in the current legislation and is not relevant today.
It has been preserved in the use of modern people since the times of the USSR, when the right to enter an apartment was acquired by obtaining a warrant. Today, the basis for living in a municipal apartment is a social tenancy agreement . Therefore, the responsible tenant is effectively the tenant.

It is important to understand that this status does not provide any additional benefits. All apartment residents have equal rights.

Today, a responsible tenant or tenant is an adult and capable citizen who has entered into a social rental agreement with the municipal authority.

Based on this agreement, this person acquires public housing space for use for an indefinite period. This means that the tenant can live in a council apartment for an unlimited time . He also has the right to place his close relatives in it.

Attention! The tenant must be registered in the apartment that is the subject of the contract.

If he decides to leave this living space, then the agreement can be concluded with another person registered at this address with the consent of all other residents of the apartment. In this case, there is a change of employer.

Read on to find out whether a tenant and an owner are the same thing. In the future, the municipal apartment may be privatized or will continue to remain state-owned. In the first case, the responsible tenant acquires the status of owner of the apartment. If there are several employers, each of them will be the owner.

When selling his share of housing, the owner loses the right to it . If he has a residence permit, he can live in the apartment, but not dispose of it under a social tenancy agreement.

If the apartment belongs to a citizen on a property basis, he does not have to register in it.

Can someone register without the consent of the other residents?

Can the main employer register someone without the consent of the already registered residents? In matters of registration, all citizens registered in the living space are equal. Therefore, the responsible tenant does not have the privilege of registering without permission. Based on Article 70 of the Housing Code, the following rules apply to registration for all residents:

• Parents can register minor children without asking permission from either the citizens living with them or the owner.
• The tenant has the right to register immediate relatives (spouses, children, parents) at the place of residence without the permission of the owner (municipality), but with the approval of the other people living with him.
• To register third parties who are not family members, you need the consent of not only those living with him, but also the landlord.

Reference. The main reason for refusal of registration from the landlord is the ratio of the number of residents to the area of ​​the apartment, if the norm of square meters per person is violated.

How to change?

Sometimes situations arise when a family loses a tenant for one of the following reasons:

1. The main tenant has moved to another apartment.
2. After the divorce, the spouse remained in the apartment, who is not the responsible tenant.
3. The citizen was sent to prison.
4. He went missing, which was established.
5. If a person dies.

The remaining residents can choose a new candidate from among themselves and contact the housing department with an application to conclude a new social rental agreement. The application must indicate what happened to the previous employer.

There is another situation. For example, 2 people live in an apartment, one of them is the tenant. The second one wants to change things. First he needs to contact the housing department with an application. A valid reason must be provided, such as that the other tenant is not paying the bills. This fact needs to be documented. A good proof would be an extract from the bank account through which the utilities were paid. If there are no reasons, then the municipality is unlikely to change anything.

In controversial situations, the owner can renew the contract by concluding it with both (several) tenants at once. In this case, everyone will be responsible for themselves and will receive a separate account for paying utility bills.

Important! If one of the residents decides to become a tenant against the wishes of the rest of the family members, then nothing will work out for him.

How to re-issue documents correctly?

So, there are serious reasons for changing the tenant, and all residents have reached agreement on a new candidate, what to do? Write an application to the housing department to recognize another person as the employer. Attached to it:

• A copy of the personal account.
• Copies of passports of all living family members.
• Extract from the house register.
• Lease agreement for this premises.
• Certificate of deregistration of the previous employer due to death or departure.

If the housing department has approved the application and entered into an agreement with the new tenant, you need to contact the housing department and present them with a new agreement. They, in turn, are required to change personal accounts and indicate the name of the new employer on receipts.

Who is a responsible tenant in a privatized apartment?

Legislation on the rental of privatized housing

Despite the enthusiastic cries of many democratic states about democracy, they forget that the basis of democratic relations was the theories of Rousseau and Aristotle, according to which an agreement is concluded between the state and the citizen.

When living in a separate apartment or private house, it is necessary to understand that the owner of real estate, after acquiring it, becomes one of the parties to the legal relationship between the state and it.

This fact cannot be changed, since every citizen is a consumer of public resources, be it land, gas, electricity or natural resources. This tenant, purchasing square meters, already becomes a consumer.

Thus, he is entrusted with the responsibility to pay for the resources consumed, and in return the state gives him the right of ownership of property, guarantees the preservation of these rights and supplies the necessary resource.

Rights and obligations of a tenant

Even if the housing has been purchased, the owner is considered the tenant of the housing. Thus, the employer is obliged to comply with the obligations under Art. 30 Housing Code of the Russian Federation:

• maintain square meters in order for living;
• respect and not violate the rights of other residents of the house;
• take measures to preserve state property.

Housing after death

It may also happen that the citizen responsible for housing dies. What to do if the main employer has died, and how to properly re-register documents in this case? If the main employer has died, then the procedure for concluding an agreement with the new employer is the same as in other cases :

1. A new responsible tenant is selected.
2. They contact the administration (housing department) with a request to renew the contract due to the death of the tenant.
3. Submit the documents described above.
4. A new contract is concluded.
5. If the housing department refuses, they file a lawsuit.

But sometimes situations happen that after the death of the employer, members of his family remain “as a bird’s license”, who are not specified in the contract and are not even registered. Can they become employers? Yes, if, in accordance with Article 69 of the LC, they meet the following definitions:

• Close relatives - children, parents, husband or wife.
• Other relatives, as well as dependents, who can prove that they moved into the apartment at the request of the tenant and ran a joint household with him.
• Other exceptional cases, for example, essentially matrimonial relationships without registration with the registry office.

Such residents must file a lawsuit if they want to stay in this apartment and enter into a new social tenancy agreement. In court, they will have to prove that they lived together with the employer for a long time, like a family. This is where witness statements from neighbors, checks and receipts confirming joint purchases, etc. will come in handy.

Legal basis

The rights of the responsible main tenant of a municipal (non-privatized) apartment and members of his family are regulated by Articles 67 and 69 of the Housing Code of the Russian Federation. According to these legal norms, the powers of all citizens who have registration in an apartment under a social tenancy agreement are equal .
The responsibilities of a responsible tenant are defined by Article 30 of the Housing Code of the Russian Federation.

For violation of rights or failure to fulfill obligations provided for in Art. 67, 69, 30 of the Housing Code of the Russian Federation, the guilty tenant or tenant is liable, according to Article 7.21 of the Code of Administrative Offenses of the Russian Federation. For these offenses, a fine is provided in the amount of 1 to 2.5 thousand rubles.

How and for what can you evict?

Despite this status name, this citizen can be evicted from the apartment on general grounds, namely:

1. For non-payment for 6 months or more with the provision of less comfortable living space (how much you need to pay for renting municipal housing and how to calculate the amount is discussed in a separate material).
2. Housing has received the status of emergency or dilapidated and is subject to resettlement. In this situation, new housing with the same area and conditions will be obtained. Relocation from dilapidated housing under a social tenancy agreement is discussed here, and the standards for providing housing under a social tenancy agreement are discussed here. hiring and what are the conditions for using housing are written here.
3. Illegal redevelopment, which poses a threat to load-bearing structures, the integrity of the occupied premises, neighboring premises and the entire house.
4. Systematic violation of the legal rights of neighbors. This point may concern rowdies, alcoholics, drug addicts and other antisocial individuals.
5. The tenant has not lived in the apartment for several years.
6. Parents who have been deprived of their rights to children may be evicted if it is proven that cohabitation with the children is impossible.

If in the first 2 points other housing is provided in return, then in the rest they are evicted “to the street”. If such grounds are discovered, the municipality files a claim with the court for eviction and termination of the social tenancy agreement. Another tenant may also initiate the claim.

For example, if the tenant has not lived in this apartment for a long time. His relative, who lives and is registered in this premises, can file a claim in court for eviction. In court, it is necessary to prove that the tenant has not lived in the apartment for a long time, although he is not prevented from doing so.

Reference! An evicted citizen can apply in court for a deferment due to a difficult situation: no housing, no work, disability, small children, etc. Often the court approves such a request and the tenant is retained, but in this case the person who will be the tenant may be changed.

Social hiring has some features, which you can familiarize yourself with on our website. We advise you to read about:

• What are the features of renting a room in a communal apartment?
• Is it possible to exchange an apartment under a social tenancy agreement and how to do it?

Watch a video on the topic:

How to become an applicant for municipal housing?

Applicants for housing under the terms of a social tenancy agreement are::

• persons in need of improved housing conditions;
• persons who need housing and are recognized as low-income.

Where to begin?

To conclude a social rental agreement, you first need to register as a low-income person in need of living space.
To do this, you must submit an application, which must be signed by all family members. The application form can be found on the website of the local government, State Services or taken to the MFC. The applicant's family members include spouses and minor children. The size of housing that will be allocated to the family depends on their number. Each person is allocated a certain amount of space. It depends on the region of residence of the applicant. For example, in Moscow this figure is set at 18 m2.

Where to contact?

Documents should be submitted to the MFC or directly to the local government body , which registers citizens. For example, in Moscow this is done by the capital’s City Property Department, and in St. Petersburg by district administrations.

What documents are needed?

The application must be accompanied by documents confirming the applicant’s need for housing. For example, a certificate stating that the house in which he lives is recognized as unsafe. In addition, an income certificate will be required to confirm the status of a low-income family.

Terms of the procedure under the contract

The decision on registration is made within 30 days .
Then, within the next 3 days, the authorities must notify the citizen of the results of the consideration of his application. Refusal is possible if the submitted package of documents is not complete, or if during the consideration of the application it was established that the citizen independently worsened his own living conditions, and less than 5 years have passed since that moment.

Attention ! In the event of an unlawful refusal to register, it is recommended to appeal this decision in court.

If the answer is positive, a case is opened against the citizen, in which it is necessary to make all the changes that happen to him while waiting in line. This could be a change in income, expansion of the family, death of a relative, etc. Such events can speed up the movement of the queue.

The wait may take a long time. Sometimes citizens wait for decades to get an apartment. Urgent housing is provided to persons of the following categories :

• orphans;
• war veterans;
• people with chronic diseases;
• disabled people;
• people living in unsuitable premises.

A premises in which, for example, engineering systems do not meet sanitary and epidemiological safety requirements may be considered unsuitable for habitation. Or a room that has rooms or a kitchen without windows.

When the applicant's turn comes, the authorities will notify him within 3 days. Then all you have to do is sign a social tenancy agreement, after which you can move into the apartment.

Possible costs

Services for registering citizens and concluding a social rental agreement are provided free of charge . In the future, you will need to pay a fee for renting municipal housing in the amount established by local governments.

For many citizens, concluding a social tenancy agreement is the only opportunity to resolve the housing issue. To do this, you need to obtain the status of a low-income citizen in need of living space and register. The disadvantage of this program is the long queue to get an apartment.