There is no warrant, but social communication is possible
The Moscow City Court of General Jurisdiction considered the dispute between the residents’ claim against the City Property Department (case No. 33 – 6858/2020).
The plaintiffs went to court and asked to oblige the City Property Department (DGI) to conclude a social rental agreement for residential premises. Previously, the DGI refused to enter into an agreement, citing the fact that the plaintiffs did not have a warrant. The court ordered the defendant to enter into a social tenancy agreement with the plaintiffs. DGI appealed the decision in cassation.
The Moscow City Court examined the case and found that the disputed residential premises were a separate two-room apartment in which the plaintiffs were registered. According to information from the Unified Housing Document (UZhD), the personal account was issued on the basis of an exchange order registered by the Voroshilovsky District Executive Committee. The DGI refused to enter into a social tenancy agreement with the plaintiffs due to the fact that the plaintiffs did not submit the original order.
As the appellate instance pointed out, the district court correctly assumed that the absence of the original order issued by the Voroshilovsky District Executive Committee cannot be a basis for refusing to conclude a social tenancy agreement with the plaintiffs, because in violation of the requirements of Art. 56 of the Code of Civil Procedure of the Russian Federation, the defendant did not provide the court with evidence of the plaintiffs’ illegal move into the disputed residential premises, as well as the existence of other grounds for refusing to conclude a social tenancy agreement with them.
The plaintiffs provided evidence:
- moving into the disputed residential premises legally;
- incurring expenses for maintaining residential premises;
- payment for housing and communal services.
The panel of judges agreed with the conclusions of the court of first instance, since the plaintiffs are registered in the disputed residential premises at their place of residence, live in the disputed apartment for a long time, pay for housing and communal services for the apartment using a single financial personal account, i.e. this living space was provided to them legally, while the defendant did not provide evidence that would prevent the conclusion of a social tenancy agreement with the plaintiffs, nor that the disputed premises do not belong to the housing stock, and the plaintiffs currently occupy the apartment without legal grounds .
Attention should also be paid to the following conclusions of the court:
- The right to use the plaintiffs' living space by the owner is not disputed.
- The owner does not make a claim to evict the plaintiffs in connection with their residence without legal grounds.
The Moscow City Court recognized that the district court had no grounds to refuse the plaintiffs’ request to conclude a social tenancy agreement.
Is it necessary to draw up a social tenancy agreement for housing if there is a warrant?
Hello,
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.
The parties to the social housing tenancy agreement are: the Lessor, on the one hand, and the Tenant, on the other. According to Art. 62 of the Housing Code of the Russian Federation, the subject of a rental agreement can only be an isolated residential premises: a house, apartment, room, part of an apartment or house. All this is an essential condition of the social tenancy agreement.
The conclusion of a social tenancy agreement for residential premises takes place in a specialized body - the Department of Housing Fund or its branch.
Now about the additional agreement. This is an agreement on additional conditions for the use of residential premises, drawn up in the form of an agreement or annex to a previously concluded agreement. For example, an additional agreement formalizes amendments to the contract when new family members move in.
Another document is the deed of transfer of residential premises. It confirms the fact of acceptance and transfer and the absence of mutual claims between the parties in relation to the transferred (accepted) residential premises. The act is drawn up when allocating residential premises to someone on the waiting list or in connection with relocation, as well as when providing a room in a communal apartment in addition to the one occupied.
Living space under social rental agreements
and free use is provided at a rate of
18 sq
. meters of living space per person.
Tenants of residential premises (social rent) are required to pay for the provided utilities and services for the maintenance and repair of housing at prices approved by the government of the Russian Federation. Those who occupy residential premises under social tenancy agreements,
have
the right to receive subsidies
for housing and utilities.
To conclude a contract you need
contact the housing department of the Office of the Department of Housing Policy and Housing Fund or its branch. The applicant or his representative (if he has a power of attorney) submits to the housing department employee:
application in any form;
identification documents;
copies of documents with the presentation of original identification of all family members: for citizens over 14 years old - passport, for children under 14 years old - birth certificate;
documents on the conclusion (or dissolution) of a marriage, if the persons indicated in them are to be included in the contract;
certificates confirming family relationships, if these persons are to be included in the contract;
documents that served as the basis for moving citizens into residential premises:
a) an order or a copy of the order, certified in the prescribed manner;
b) an extract from the decision of the executive authority of the city N on the provision of residential premises or a copy of the decision of the executive authority of the city N on the provision of residential premises, certified in the prescribed manner;
c) an exchange order or a certified copy of the counterfoil of the exchange order for residential premises;
d) social tenancy agreement (hire, free use);
e) documents confirming family relations with a citizen to whom other citizens were installed as family members;
f) another document that was the basis for moving into the residential premises;
a single housing document (extract from the house register, if necessary, an expanded extract from the house register with full information about citizens living in the residential premises, as well as those who previously lived and those who left for the period from the date of issuance of the document specified above in subparagraphs “a” - “d” ";
when creating a communal apartment - a single housing document (a copy of the financial personal account);
explication in form 22:
a) during reconstruction or redevelopment;
b) upon formation of a communal apartment;
c) in other cases if necessary;
other documents containing information about changes or circumstances that served as the basis for the application.
After all the documents have been verified, the actual execution of the social tenancy agreement and its registration begins.
The procedure for concluding a social rental agreement is as follows: the rental agreement is concluded in writing. The parties to the social tenancy agreement sign the document. Based on the occupancy order, a person acquires the right to reside and use the appropriate residential premises. In this case, the social rental agreement for residential premises is concluded without specifying a period.
Eviction of tenants without a tenancy agreement
Unscrupulous tenants, unfortunately, are quite common. What should you do if the person renting your property holds noisy parties several times a week, or refuses to pay for several months? Of course, in such a situation the question of early eviction of the tenant arises.
There are several very effective eviction methods. The difference between them is that each method is relevant in a specific situation. More precisely, the relevance of each of them directly depends on the form in which the rental agreement was drawn up.
Let's consider the intricacies of eviction under the following conditions:
— Eviction of tenants renting an apartment without a tenancy agreement; — Eviction of tenants renting an apartment under a rental agreement; — Eviction of tenants who have received registration at the place of residence or at the place of stay in this apartment.
Procedure for eviction of tenants without an agreement
Before renting out an apartment, in most cases, an agreement is concluded between the tenant and the tenant, which spells out all the important aspects of the lease.
However, sometimes drafting a contract is neglected. Most often, this happens in situations where the tenant and tenant are relatives or acquaintances. Of course, this approach is fundamentally wrong and is fraught with negative consequences in the form of serious problems.
In essence, the absence of an agreement exempts tenants from any responsibility, which often leads to improper operation of the apartment and consequences such as damaged property of the landlord and damaged relations with neighbors.
If the need arises, you can evict a tenant in the absence of an agreement by changing the locks. However, this is not always possible.
For example, there are situations when the locks are changed by the tenants themselves, as a result of which the owner does not have the opportunity to get into the rental property and assess its condition.
However, there is no need to despair: this situation is by no means hopeless. If you cannot reach an agreement directly with the tenant, just contact the police and provide them with documents proving your right to own the apartment. In some cases, additional legal proceedings may be possible.
It should be understood that a tenant who rents an apartment without first concluding a rental agreement has absolutely no rights. He can only comply with either the conditions that were concluded with the lessor orally, or (in the absence of oral agreements) the instructions contained in the codes of the Russian Federation.
You can evict a tenant without a tenancy agreement on the following grounds:
— Violation of oral agreements; — Violation of the rights of other residents or infringement of their interests; — Using the apartment for other purposes (converting housing into a retail outlet, warehouse, etc.); — Desolation and destruction of the apartment due to poor care (or its complete absence) on the part of the tenant.
In case of voluntary eviction, these grounds are not always present, however, if the vacancy of the rented premises is planned through government authorities, the above conditions will become decisive arguments for the reason that they are enshrined in Russian legislation.
Termination of a lease concluded without execution of an agreement occurs through its cancellation.
The owner can do this at any time at his own request and subject to the following grounds:
— Specific violations that outraged the landlord; — Violation of an oral agreement (on the part of the tenant); — The tenant committed actions that contradict the legislation of the Russian Federation.
If the tenant does not pay the required amount for accommodation for a long time, the landlord has the right to evict the defaulter at any time. The absence of a lease agreement, in this case, will be to the advantage of the owner, since this deprives the tenant of any legal way to prevent the early termination of the lease.
All that remains for him is to try to reach an amicable agreement with the owner of the property and obtain some concessions from him or urgently pay off the debt for accommodation. If this does not happen, the tenant reserves the right to go to court, which will impose an obligation on the tenant to pay the amount in full.
Eviction due to arrears of payment is also a fairly common occurrence in situations where a tenant rents a room in a small-family apartment. In the absence of an agreement, eviction can also occur at any time at the will of the apartment owner.
Another reason for eviction may be a collective statement from the remaining residents of the apartment if the tenant violated their rights or did not maintain public order. A statement of claim is drawn up only if the lessor refuses to resolve this issue independently.
As for the eviction of a tenant from a communal apartment, the legislation of the Russian Federation does not contain any specific instructions regarding this issue. In most cases, the eviction of tenants renting an apartment in a communal apartment without a contract occurs on the basis of an application from other tenants.
This is due to the fact that conflicts between neighbors in a communal apartment occur very often and, as a rule, they try to resolve them on their own, since otherwise this can complicate the lives of absolutely all residents.
The landlord has the right to evict the tenant if he disturbs the neighbors or violates any of the established rules. The absence of an agreement only simplifies the eviction procedure.
Also relevant for many is the question of whether the terms of rent without a contract are relaxed for people living with children. The answer is quite simple and clear: no, the presence of children does not prohibit the landlord from evicting the tenants at any time.
Here you should rely not on the law, but on the integrity and understanding of the landlord. However, we note that if the case goes to trial, there is a possibility that the court will recognize the presence of small children as a mitigating circumstance.
The time of year plays a big role when moving out. Thus, sometimes the court may prohibit the eviction of a tenant if the landlord has filed a corresponding application during the heating season. However, this only applies to situations in which an agreement was concluded between the landlord and the tenant, and the tenant regularly paid for accommodation and complied with all the rules.
As for renting without an agreement, the time of year will have absolutely no impact here for the same reason as many other factors; the absence of an agreement leads to a lack of rights for the tenant.
If you decide to evict your tenants, you should follow the following procedure.
First you need to notify the tenants that you intend to evict them. This is necessary so that they have the time and opportunity to correct the complaints that caused you to decide to get rid of them. If this does not happen, the tenant should be evicted amicably. A sample eviction notice can be downloaded here.
Eviction in the absence of a written agreement, with rare exceptions, leads to serious proceedings and the intervention of third parties.
If this is your situation, it is recommended that you perform each action in the presence of a local police officer (this will help eliminate the possibility of various disagreements).
In particular, in the case where the tenant independently changed the locks without notifying or obtaining permission from the owner, the latter should open the door only in the presence of law enforcement officials.
If they are not present, the owner risks facing significant problems. It will not be superfluous to have on hand documents confirming the right to own this property.
In addition to confirming the fact of violation of Russian legislation or illegal activity in a rented apartment, police officers or a local police officer can also confirm the fact that tenants live at the address of the rented residential premises.
To receive this confirmation, you must submit a written request. The confirmation received must also be in writing.
Sometimes you come across tenants who, without the knowledge of the tenant, themselves rent out the same housing to third parties.
The owner retains the right to take the following actions:
— Bringing third parties to criminal liability; — Filing a claim against an unscrupulous tenant.
Illegal eviction of tenants: fine
If a written agreement exists, and the tenant complies with all the conditions for payment and accommodation in the rental housing, the landlord will not be able to evict him early at will.
If he tries to get rid of the tenant using a quick method such as changing the locks, his actions will be qualified in accordance with paragraph 1 of Art. 19 “On arbitrariness” of the Code of Administrative Offenses of the Russian Federation.
For such actions, the owner will have to bear responsibility, namely:
— Pay a fine of 3,000 rubles; — If there is damage to the tenant’s property, the offense is interpreted in accordance with the criminal code, and the amount of the fine will increase to 80,000 rubles (according to Article 300 of the Criminal Code of the Russian Federation).
It should also be noted that during the period of court proceedings, the tenant will have the legal right to continue to live in the rental property.
To summarize, it should be noted that the absence of a treaty creates a number of problems for everyone. A properly concluded written agreement will not only clarify all issues regarding the use of rental housing, but will also protect the tenant and the landlord from various lawsuits that entail additional costs of time, money and effort.
Sample statement of claim for eviction of a tenant
In ______________________________ (name of court)
Plaintiff: __________________________ (full name, address)
Defendant: _______________________ (full name, address)
Third party: _____________________ (full name, address)
STATEMENT OF CLAIM for eviction of temporary residents from residential premises
I am the owner of a residential premises located at the address: _________ (indicate the full address, including region, city, district, street, house and apartment number) under a rental agreement _________ (indicate details of the rental agreement).
“___”_________ ____ the residential premises were provided for temporary use by the defendant. The period of residence was agreed upon between us until “___”_________ ____ (or the period of residence was not established).
After the expiration of the established period, the defendant refused to voluntarily vacate the premises. The defendant received a warning about the need to evict “___”_________ ____
In accordance with Article 80 of the Housing Code of the Russian Federation, temporary tenants are required to vacate the premises upon expiration of the period of residence, or no later than seven days from the date of presentation of the demand for eviction. If temporary residents refuse to vacate their premises, they are subject to eviction without the provision of other housing.
Based on the above, guided by Articles 131-132 of the Civil Procedure Code of the Russian Federation,
Ask:
Evict _________ (full name of the defendant) from the residential premises at the address: _________ (indicate the full address of the residential premises) without providing another residential premises.
List of documents attached to the application (copies according to the number of persons participating in the case):
1. Copy of the statement of claim
2. Document confirming payment of state duty
3. Copy of the social tenancy agreement
4. Documents confirming the circumstances on which the plaintiff bases his claims
Date of application “___”_________ ____
Plaintiff's signature: _______
