Social tenancy agreement for residential premises

What is social rental housing?

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

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

Contract form

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

Note. The document is not subject to mandatory notarization.

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

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

In addition, the contract must indicate:

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

Moscow formalizes relations with Muscovites

It turned out that people occupy square meters according to different documents.
Some are by order, others by contract. And some have nothing at all: they lost their warrant... The Moscow executive authorities decided to eliminate this confusion in housing legal relations related to the use of housing that is owned by the city. In accordance with the federal law of December 29, 2004 No. 189-FZ “On the implementation of the Housing Code of the Russian Federation,” social rental agreements began to be concluded with citizens, which replaced warrants. Two months ago, the metropolitan government approved the Regulations for the preparation of a contract and (or) additional agreement for the right to use residential premises. They are concluded upon provision of residential premises on the grounds provided for by current legislation. For example, those on the waiting list - in connection with relocation, residents of communal apartments - when provided with a vacant room. Lease agreements are gradually replacing warrants. Most often, warrants for apartments were issued by executive committees. Some Muscovites still have social rental contracts concluded with local housing offices. Keep in mind: now such agreements have no legal force, since according to the new rules, the Moscow Department of Housing Policy and Housing Fund is authorized to issue them.

Who can draw up a social tenancy agreement?

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

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

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

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

How to get housing for social rent in 2021?

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

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

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

Below is a form for such an application.

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

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

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

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

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

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

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

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

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

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

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.

How to conclude a social rental agreement?

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

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

Validity period of the social rental agreement

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

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

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

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.

How to draw up a contract correctly?

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

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

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

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

The signed agreement allows the employer to:

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

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

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

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

Essential terms of the agreement

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

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

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

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

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

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

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

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

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

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

and sample

Form, doc
Sample, doc

Where is this mentioned? Documentation

Civil Code of the Russian Federation.
Housing Code of the Russian Federation.
Law of the capital dated March 11, 1998 No. 6 “Fundamentals of the housing policy of the city of Moscow.”
Law of the capital dated June 14, 2006 No. 29 “On ensuring the right of residents of the city of Moscow to residential premises” (as amended by the Moscow city law dated January 24, 2007 No. 2).
Capital Law No. 21 of May 31, 2006 “On ensuring the housing rights of citizens during the relocation and vacancy of residential premises (residential buildings) in the city of Moscow” (as amended by Moscow City Law No. 67 of December 26, 2006).
Federal Law No. 59-FZ of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation.”
Moscow Government Decree No. 737-PP dated September 26, 2006 “On approval of the Regulations on the Department of Housing Policy and Housing Fund of the City of Moscow.”
Moscow Government Decree No. 662-PP dated August 7, 2007 “On approval of the Regulations for the preparation of an agreement and/or additional agreement for the right to use residential premises and/or an act of transfer of residential premises by the Department of Housing Policy and Housing Fund of the City of Moscow.”

Changing the social tenancy agreement

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

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

They may refuse

Refusal to issue an agreement and (or) transfer act is permitted in the following cases:

incomplete appearance of all citizens or lack of consent in a simple written form (power of attorney) if it is impossible for any of the invitees to appear independently;
changes in the conditions that served as the basis for concluding the contract (for example, the applicant’s departure to another place of residence, his death).

Signed contracts that are not received by the applicant for any reason are stored in the District Office of the Department of Housing Policy and Housing Fund of the City of Moscow for five years. An act of transfer of residential premises is issued along with the contract. It serves as confirmation that no one has any complaints and the premises have been accepted.

Termination and Termination

The rental agreement can be terminated at any time by agreement of the parties or due to the occurrence of the following circumstances :

end of employment relationship;
completion of repair work at the citizen’s main place of residence;
use of residential premises for other purposes;
non-use of housing for more than 6 months;
change of ownership of housing, etc.

The specialized rental agreement is automatically terminated upon the destruction of housing or the death of the Tenant.

Useful video on the topic of termination of a rental contract for specialized housing:

Termination of a rental agreement for specialized residential premises

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.

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.