Responsible tenant: rights, obligations, payment of utilities, re-registration of the apartment and nuances

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Renting an apartment is a natural process, especially when it is impossible to save up funds to purchase your own home. Tenants can live in both municipal and privatized types of apartments. Let's consider the rights, responsibilities, shift rules for each of them, as well as the features of legislative regulation within the framework of this issue.

Who is considered a responsible tenant?

Despite the fact that currently the concept of a responsible tenant has lost some of its relevance and has been removed from the housing code, its meaning should be studied in detail.

Attention

A responsible tenant is a person who decides to rent an apartment while maintaining the obligation to pay rent and the amount for using utilities. He is also the main manager of the home, since without his consent it is impossible to carry out real estate transactions, in particular, to discharge someone, make redevelopment, or sell. That is, in fact, the responsible tenant acts as the owner of the residential property. When a share is sold, the rights to dispose of housing are liquidated (Article 61 of the Housing Code of the Russian Federation).

general information

Do not forget that the law also includes owners of residential premises, the ownership of which is determined under a social tenancy agreement, as tenants. For this reason, the rights and obligations of a tenant differ significantly. So:

Renting housing from a private owner is determined by the articles of the State Civil Code;
ownership of a property under social tenancy rights, which shows that the main owner is the state , is determined by the country’s Housing Code.

You can find out who is provided with living space under a social tenancy agreement and on what basis on our website.

Normative base

Current legislation, in particular the Housing Code of the Russian Federation, promotes a clear division of rights and obligations assigned to the owners of the housing stock. The responsible tenant, in accordance with the definition of this concept, bears full responsibility for the condition of the apartment to the municipality. While the housing belongs to him, he has the right to dispose of it. When he transfers it, ownership passes to the other party to the transaction, and even if it remains registered, there is only the possibility of residence, but not disposal. These rules are regulated by Art. 67, 69 Housing Code of the Russian Federation.

Responsible tenant in a municipal apartment

While living in a municipal apartment, all rights and obligations of citizens are identical, as stated in Art. 69 Housing Code of the Russian Federation. That is, in fact, the home belongs to the state, but the person to whom it is “attached”, to whom it is “assigned”, can dispose of it at his own discretion.

IMPORTANT

In the event of death or disappearance of the tenant, relocation of the main tenant, divorce, arrest, the selection of a new main tenant is required, who must meet two basic requirements - reach the age threshold of 18 years and have a permanent place of work.

The rights of all residents in a municipal apartment are equal. If the responsible tenant previously lived alone, after his death the home is returned to the ownership of the municipality. If he has minor children or other family members, they will be included in the text of the social tenancy agreement and will receive the right to lifelong residence in the apartment (Article 82 of the Housing Code of the Russian Federation). Therefore, most often people come to the privatization process, which allows them to transfer apartment property by inheritance (Law No. 1541-1 of 07/04/1991).

Minors

If at the time of the tenant’s death there are still persons registered and included in the DSN who have not yet reached the age of majority, then their right to reside in this apartment is for life. The legislation applies in the same way to both municipal and private real estate (residential only).

Most often, the transition of this housing to a new responsible tenant continues with the process of privatization, since only this makes it possible to dispose of the housing as you wish, at your own discretion. The main advantage of a privatized apartment is that it can now be passed on by inheritance. It is very difficult to transfer municipal apartments and any other housing to other persons for use - very strict legal frameworks apply here, and it is generally impossible to give, sell or inherit.

Rights and obligations of a responsible tenant

If we refer to Art. 67. Housing Code of the Russian Federation, it is noted there that the main tenant, on the basis of a drawn up social contract, is endowed with the following list of powers:

an invitation to stay in the territory of the dwelling of other persons;
renting out part of municipal premises to other people;
provision of living space to temporary residents for non-long-term living purposes;
presenting claims related to the replacement or exchange of a residential property if it does not comply with the stated requirements and standards adopted in the state;
requesting major repairs from government and housing structures, if the actual condition of the house requires this fact;
requirement to provide a certain list of utilities if they are not supplied or are supplied of insufficient quality;
taking direct participation in the process of maintaining the aggregate part of the property of an apartment building.

In addition to the rights, Article 67 of the Housing Code of the Russian Federation assigns a certain list of obligations to the responsible tenant:

ensuring monitoring of the safety of real estate;
operation of a residential building in accordance with its direct and immediate purpose;
carrying out current repairs at your own expense;
taking a number of measures related to maintaining optimal condition on the territory of a residential property;
Regular payment of utilities and payment of amounts for accommodation in the amount provided.

For your information,
the same responsibilities of the responsible tenant are prescribed in the lease agreement, the rules of which are provided for in Art. 606 of the Civil Code of the Russian Federation.

What governs the tenancy agreement?

All of the above-mentioned nuances of the parties’ legal relations can be considered and discussed only if there is an officially signed agreement.

It can be prepared with the help of representatives of a real estate agency or a lawyer. It can be written independently in two copies for the landlord and the tenant.

All requirements for this document are specified in Article 671 of the Civil Code of Russia.

To prepare a finished document, simply copy all existing paragraphs. The following must be indicated :

passport details of the parties to the transaction;
title documents for living space;
length of stay;
the possibility of “moving in” third parties who are not members of the tenant’s family.

The parties may, on their own bilateral initiative, include any other clauses . For example, about the tenant’s liability in case of flooding, etc.

This includes a popular option for providing property for temporary use, taking into account in the amount of payments the temporary residents’ performance of repairs or other home improvement operations.

The agreement is often accompanied by an inventory of the furniture in the apartment at the time of delivery, its technical condition, and the technical condition of the property itself. You can learn about how to draw up an act of acceptance and transfer of housing when renting from our article.

The agreement is personally signed by both parties to the transaction; it can also be signed by an authorized person, if the latter has a notarized power of attorney to carry out such real estate transactions.

What is DSN?

The abbreviation DSN stands for social rental agreement (Article 60 of the Housing Code of the Russian Federation). It is a special agreement, according to which residential premises located within the state or municipal housing stock are provided for the use of citizens who need to improve their living conditions. The basis for its preparation is the decision of the local government body, adopted on the basis of the norms of the Housing Code, Parts 3, 4 of Art. 57, as well as Art. 63). Another authorized body has the right to make the same decision in situations provided for in paragraph 6 of Art. 12, paragraph 5, art. 13 Housing Code of the Russian Federation. The allocation of living space is carried out in accordance with state regulations, the degree of need for improved conditions, and the number of people in the family.

In Art. 60 of the Housing Code of the Russian Federation states that in accordance with a social tenancy agreement, one party, which is the owner of a residential premises of a state or municipal housing stock (or a body acting on its behalf), has an obligation to transfer to another party - a citizen in need of improved living conditions, residential premises for use or possession for the purpose of living there under the conditions specified in the Housing Code of the Russian Federation. It also states that the DSN does not imply the establishment of a time frame for action, and a change in a number of provisions does not act as a reason for terminating the document.

If circumstances have changed

If the existing factors that give the tenant the right to use housing under the DSN change, the tenant is obliged to notify the owner of the property (department or state) within the time frame established by the DSN or LCD. If the employer neglects this responsibility, very unpleasant consequences can occur.

A municipal, state or departmental body may well terminate the LTO if the rules for the use of residential space are grossly violated; this is provided for by the legislation of the country. Termination of the contract occurs by appropriate court decision. Next, the tenant will be forcibly evicted.

Payment of utility services

Payment for the use of utilities by the responsible tenant is made in accordance with the general rules and regulations and is subject to regulation by Art. 155 Housing Code of the Russian Federation. Clause 1 states that the fee must be paid every month before the 10th day following the expired reporting period, unless a different interval is established within the framework of the apartment management agreement. The 2nd paragraph stipulates that the payment amount by the responsible tenant for the use of residential premises and utilities is carried out on the basis of the following elements:

documents of a payment nature, including those issued electronically and posted in the system, submitted no later than the first day of the month following the expired period, unless a different period is regulated in the management agreement or decision of the general meeting of the HOA;
information on the size of payments for housing and utilities, as well as arrears in payment, which is posted in the information system (Part 2 as amended by the Federal Law of July 21, 2014 No. 263 Federal Law).

Personal Area

Today, there are a lot of resources that help you pay utility bills remotely. You can also collect rent through such resources.

If the owner of the premises does not have the opportunity to come to the apartment he is renting out every month and collect money for the apartment and utility bills, then you can use a special website. Today there are a lot of them, and the most popular is iko.kvartplata.ru. You can pay utility bills through this site.

Also, another positive point is that all transactions are saved, and the owner of the premises can track at any time how diligently you are fulfilling your assigned duties .

A personal account can be registered to the owner of the premises or to the tenant. Everything here is individual. Another important point is that the details for utility payments must be correct.

Your personal account provides a number of advantages . For example, you can receive all the latest information about the status of your account and debts first. There are also other options that will allow you to pay for various services remotely. Changing the login and password is carried out by a person registered on the site.

How to find out who is the responsible tenant?

The identity of the responsible tenant appears within the framework of the social tenancy agreement, i.e. the agreement that was previously drawn up between the municipality and the responsible tenant. Within the framework of this contract, the full transfer of real estate for use by the citizen and his family is carried out. If you need to prove the fact of renting a municipal apartment, receive benefits or resolve other formal issues, it is enough to use a social tenancy agreement, which will act as proof of rent.

But sometimes a different situation arises: neighbors or third-party services need to find out who the responsible tenant is. For example, if the apartment was flooded, or the people living in it violate the rules of silence and order. You can find out the identity of the main tenant in this situation in several ways:

from your city’s database (enter the address and find out who the apartment is registered to);
based on a judicial request;
through Companies House;
by contacting the housing office;
through the Technical Inventory Bureau.

The first place to contact is the management company. If this does not help, you can visit other organizations. Please remember that some of them require paid services.

How to change the responsible tenant in a municipal apartment?

IMPORTANT
In order to appoint a new main tenant, it is necessary to go through the procedure for re-registration of the VAT.

This is a standard mechanism that does not take much time. The first thing you need to do is contact the housing policy department with a statement containing information about the need to re-register the contract and a description of the reason. Subsequently, a new document is drawn up, and once it is ready, you should go to the Housing Office. There, a set of necessary procedures will be carried out on personal accounts and balances for payment of corporate expenses. An adult and able-bodied family member who is closely related to the deceased relative is usually selected as the new employer.

Does the tenant have the right to move into the apartment?

Art. 35 of the Civil Code of the Russian Federation contains several basic rights that are vested in a responsible tenant:

moving friends or relatives into a rented apartment only with the consent of the owner of the home; if this norm is violated, the landlord has the right to terminate the contractual agreement;
provision of living space to temporary residents in agreement with the landlord; temporary residents are citizens who come from another locality or from abroad for some time.

Attention
If these rules are not observed, the landlord has the right to terminate the contract with the responsible tenant ahead of schedule without refunding the funds paid.

Does the responsible tenant have the right to vacate the apartment without consent?

In practice, agreements of this type are most often terminated by mutual agreement, but sometimes termination can be carried out at the initiative of the lessor. In Art. 687 of the Civil Code of the Russian Federation describes a number of situations in which a tenant may be asked to leave the premises. If we are talking about a social tenancy agreement, then it does not provide for the right of the responsible tenant to evict other citizens. However, in Art. 67, , Housing Code of the Russian Federation lists the grounds and procedures within which eviction can be carried out.

IMPORTANT

The Resolution of the Plenum of the Armed Forces of the Russian Federation No. 14 dated July 2, 2009 noted that if one of the family members is absent from the apartment for a long time, one can only deprive him of the right to use the residential premises.

Citizen registration issues

The main questions most often concern the registration of tenants. If we are talking about a privatized apartment, then the owners are afraid to register tenants. But it is important to remember that in this way the law is violated. And the owner can be punished with a fine for having a citizen living with him without registration.

You can register a tenant either on a temporary or permanent basis. It is most profitable to apply for temporary registration, since after the expiration of the period the citizen will be automatically deregistered.

If you register permanently, there may be a problem with checkout. If a citizen refuses to voluntarily be discharged, this will have to be done through the court.

A citizen renting a home can be removed from registration if the following circumstances exist:

No payment for the premises for a period of more than two months for short-term rentals and for a period of more than six months for long-term rentals.
Violation of the use of residential premises in a gross form.
Absence from the apartment without notice for more than six months.
Convicting the tenant to serve a sentence.

If the extract is made on the basis of a court decision , then the owner of the apartment can independently contact the territorial department of the FMS, providing the court decision. On this basis, the extract is made without the consent of the citizen himself.

Often, residents of municipal apartments are faced with the issue of changing the responsible tenant . This may be required in the event of death or absence within six months. In such a situation, residents must contact the municipal administration with a corresponding application.

After it has been changed, you must contact the Housing Office to re-register personal accounts. This is necessary so that utility bills go to another owner.

If the death of a single tenant occurs, the contract is automatically terminated and the apartment again becomes the property of the municipality.

The responsible tenant has the right to register his close relatives in municipal housing. In this case, you will need to provide the consent of all citizens already registered in this apartment. An exception is the registration of a minor child. It is carried out automatically at the place of residence or place of stay of the parents. If they are registered in public housing, the consent of the other residents is not required.

An important point is that when registering close relatives in municipal housing, the norm of square meters per person is not taken into account. If we are talking about registration of a third party, it may be refused if the norm of square meters per person is not met.

Re-registration of the apartment

Art. 69 of the Housing Code of the Russian Federation assumes that family members of the deceased responsible tenant have the right to use housing. Within the framework of this legislative act, it is noted that such persons include:

family members who lived with the deceased;
children;
parents.

All these citizens have rights equal to those granted to the responsible employer. Accordingly, their names should appear in the DSN. After the death of the main tenant, a municipal-type apartment is re-registered by drawing up a new DSN. The procedure for re-registration is reflected within the framework of Art. 82 of the Housing Code of the Russian Federation, which states that absolutely any citizen who uses housing on the basis of an individual contract, who decides to start a family, can demand the formation of a general DSN or replacement of the original tenant with the consent of other family members.

Accordingly, this rule applies to all family members, as well as persons equivalent to them upon the death of the main employer. In the course of this, joint property acquires a shared character and is subject to division in equal shares. In accordance with the norms of the above articles, all persons registered in a municipal apartment can count on further residence in it and registration of a new DSN in their own name. But one condition must be met: all other family members must give their consent to such an outcome. Minors and incompetent citizens do not have such rights.

How to become an employer

On the one hand, everything is simple, but as practice shows, this is not so. To understand everything in more detail, we will consider the following example:

Let’s say a granddaughter and grandmother lived in one common apartment, the granddaughter is listed in the contract and is registered. She always helped her grandmother and looked after her, and when she died, she buried her. Of course, the granddaughter’s parents were still registered in the apartment, but they haven’t lived there for a long time. Now the question is: “Does my granddaughter have the opportunity to get this housing?”

Let's take the Housing Code, Article 82:

That is, it is possible. But often, in reality, everything happens differently. The rest of the family members do not live in this living space and the granddaughter has no idea where they might be. Hence, the landlord has every reason to refuse to conclude a rental agreement with her, because she cannot provide the consent of the other two tenants to the municipality.

Then she will need to draw up a witness statement, which will be signed by three neighbors, stating that her parents have not lived here for a long time. And she ran a common household with her grandmother and buried her. She collects all these papers and goes to court and files a lawsuit. Of course, there is a possibility that two residents will be recognized by the court as former family members, and the municipality will also be obliged to recognize the granddaughter’s right to live in this apartment.

The court also has the right to make a division of social services. rental, that is, each family member will become a separate tenant of the apartment. This way, the rent will also be divided and everyone will pay separately.

Nuances

As with any identical procedures, when changing the responsible tenant, you need to acquire a certain set of documents:

personal account in original and photocopied format;
ID cards of all family members;
extracts from the house register;
a social rental agreement drawn up with the municipal housing stock;
certificate of discharge, death or disappearance of the previous main employer.

Any violations in the use of premises within the framework of the DSN are punishable by liability (Article 66 of the Housing Code of the Russian Federation).

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Tenant's personal account

A tenant's personal account is an account that is opened for all residential premises, regardless of the form of ownership. At the same time, housing can be privately owned or municipally owned. Why is such an account needed?

Using it, you can track all the basic information about the fact of payment of payments for the use of real estate, regardless of who makes the payment , the employer or the owner himself. Such an account is opened not for a person, but for real estate, that is, for a room, apartment or house.

If several people will live in the apartment at once under a rental agreement, then this must be indicated . An extract from a personal account is the most important document that is required when making real estate transactions. It is necessary for purchase and sale, inheritance, privatization and other acts. Therefore, in such a situation, a personal account statement will be required in order to verify the solvency of the person occupying the territory.

The same can be done through the multifunctional center. The person must have a passport with him as identification. As well as documents that confirm your right to real estate.

Thus, only two persons have the right to receive information . This is the owner of the premises, who has a certificate of ownership, or the tenant of the property, who at the time of application has a valid lease agreement. Monthly funds for utility bills and other needs are sent to your personal account. There they are accumulated, stored, and then written off.

All transactions on the personal account are stored in a special database, so the owner of the premises, who has instructed his tenant to pay utility bills, can at any time check how competently this person fulfills his duties .