A person who, after concluding a contract, receives a housing order is a responsible tenant. The scope of the rights and responsibilities of his family members is equal to his rights and responsibilities. In a privatized apartment, the responsible tenant will be called the owner of the property, and if there are several owners, they will all be tenants. If the apartment is sold in shares, then the tenant loses the rights to it: he can live if he is registered, but he cannot dispose of it (change, sell).
Ownership and registration
If the apartment is municipal, then the responsible tenant must be registered (registered) in it. Upon discharge from it, a change of employer occurs, which is secured by a social tenancy agreement, which is concluded for another person. But when the apartment is owned, the responsible tenant may not be registered in it. However, lawyers almost always have difficulties with the exact definition, since it is ambiguous.
Most likely, this happens because the concept of “responsible tenant in a municipal apartment” is absent in the legislation in force in the Russian Federation. Most often he is called the tenant, a person who represents not only himself, but also members of his own family before the landlord. It is the terms of the contract that give the tenant responsibility, although he has no advantages over family members registered in this apartment. And today, a responsible tenant in a municipal apartment cannot move in or evict someone without the written and notarized consent of everyone registered in this living space (except for minors).
Where to contact
The first step is to apply to the Housing Policy Department. The application states that the contract needs to be reissued and describes the reason itself.
Then a new contract is drawn up, which must be submitted to the housing maintenance office. Where all the necessary procedures related to personal accounts will be carried out, i.e. utility bills will be sent to the new tenant.
For such procedures, the following list of documents is required:
- original and also a copy of the personal account,
- originals or copies of passports of all family members,
- extract from the house register,
- a rental agreement concluded with the municipal housing stock,
- a document must be presented that the main employer has left or died.
After submitting all the specified documents, re-registration may occur.
How to dispose
The Housing Code of the Russian Federation states that in a municipal apartment all adult citizens are equal in duties and rights (Article 69), and in a privatized apartment all owners are equal in the same way. The legislation makes no mention of the concept of “responsible tenant in a privatized apartment.” How can you dispose of this apartment, which is owned? You can write out a responsible tenant in the event of concluding any transaction (civil or legal) - according to a will, through the donation of this housing or sale and purchase, if the apartment is not municipal.
Sometimes a situation arises that requires re-registration of living space. How to change the responsible tenant? To change the owner of a personal account, you just need to contact your management company. Article 82 of the Housing Code of the Russian Federation states that a change of the previous tenant occurs after the contract is reissued to a person who also lives and is registered in this apartment, for which the written consent of all residents is required. This is all formalized by the management company. If the living space is privatized, the tenant can register and check out as much and whenever he wants.
Social hiring
First of all, let's briefly talk about what social hiring is and who it is intended for. If a person and his family do not have their own apartment, he may have a separate living space under a special agreement.
This is called social hiring.
The agreement is concluded between the responsible tenant (this concept is no longer used by law) and the local executive authority.
According to the social tenancy agreement, the resident cannot control the legal fate of the apartment, that is, alienate it: sell, donate, transfer.
Housing is provided to those categories of citizens who have a priority right to it. These include: orphans, war veterans, as well as the poor, disabled people.
The apartment provided cannot be less than the values established by legal standards, that is, a certain number of square meters per family member. In addition, certain requirements must be met. For example, children of different sexes should have different rooms.
responsible tenant are enshrined in the provisions of the Housing Code. However, all rights relating to the use of the apartment also apply to the tenant’s family, as well as all other residents.
As for responsibilities, their range is not the same.
Re-registration
When family members cannot agree and come to an agreement, all issues of re-registration of housing are resolved through the court. The tenant has the right to provide temporary housing to strangers, but only with the consent of the others living in the apartment (Article 67, part 1, paragraph 3 and article 70). The landlord must be notified of this in advance. After the death of the responsible tenant, the tenant may be a legally competent adult family member registered in the apartment.
In this case, you must also contact the management organization with a corresponding application, which must contain the consent of all those registered regarding the change of employer. Re-registration initiated for any reason must provide for such consent. The change of the responsible tenant occurs in this way. In addition to the written consent of all adult family members, a whole package of documents is submitted to the HOA: a passport of the citizen of the Russian Federation who claims the right to be a responsible tenant, an application and documents establishing the right to living space.
The following requirements are imposed on the employer:
- presence of Russian citizenship,
- reaching adulthood,
- confirmation of legal capacity,
- absence of a valid criminal record.
After the death of the responsible tenant, relatives who have the right to sign a new social tenancy agreement must perform the following actions:
- all citizens living in this property must decide who will be appointed as the responsible tenant,
- they draw up a written consent,
— documents are submitted to the administration together with the application,
- if there are no problems, then a new social tenancy agreement is formed,
- after studying this document, it is signed by the new responsible tenant.
This citizen must carefully study all the requirements for real estate, and also take into account the responsibility that has arisen for him.
The basic rules include:
- housing must be used for its intended purpose,
— the safety of all provided residential premises is ensured,
- residential real estate must be maintained in optimal condition, therefore sanitary, technical and engineering requirements are taken into account,
- periodic maintenance of the premises is carried out,
- utilities are paid on time,
- if there are any reasons why it is necessary to make changes to the social tenancy agreement, then this should be carried out with the permission of other residents and in a short time.
After the death of a person, other persons living in the housing can count on the continued use of this residential premises.
Municipal housing
The privatization of municipal housing began back in 1991, but even after so many years, a huge number of citizens continue to live in municipal apartments and are not going to exercise the right to receive this property as their own. This is where all the problems of privatization arise if the responsible tenant dies. This raises many difficult questions regarding inheritance and the right to reside in a given premises.
Since 1999, citizens who use municipal, departmental or any other state housing have entered into a social tenancy agreement. This is what is needed if you need to sign out a responsible tenant. The very procedure for its preparation, as well as its content, are always regulated on the basis of the Housing Code. The duties and rights of residents of municipal apartments are clearly defined by law, including actions in the event of the death of the tenant.
Changing the main tenant in a non-privatized apartment
If the conditions of the law are met, residents have the right to demand a change in the responsible tenant with the re-issuance of the social tenancy agreement. This can be done by contacting the Housing Department, MFC or court.
Grounds and conditions
Despite the fact that family members have equal rights and responsibilities with the tenant, in some cases it may be necessary to change the responsible tenant, who will assume the responsibility for paying utilities and maintaining the living space. The basis is:
- relocation of the main employer;
- taking into custody;
- deprivation of liberty;
- or death.
To re-register the contract, mutual consent of the residents is sufficient (Article 82 of the Housing Code of the Russian Federation).
In paragraph 4 of Art. 83 lists the grounds for termination of the contract, which may serve as a reason for changing the person responsible at the request of the residents in connection with his unlawful actions. Among them:
- improper fulfillment of obligations to pay utility bills;
- property damage;
- improper maintenance of property;
- violation of the rights of residents;
- use of space for purposes other than its intended purpose.
Any citizen who has reached the age of 18 and who has not been declared incompetent in the manner prescribed by law has the right to become a responsible tenant. A prerequisite is the written consent of the remaining residents.
Re-registration procedure: how to change?
Renewal of the contract is carried out by personal contact with the renter's organization or the Multifunctional Center (if available in the region). The electronic application form is provided only for residents of the city of Dubna on the official Internet portal of local governments.
Before changing the tenant when the main tenant has died, it is necessary to write an application requesting recognition as a tenant and correctly re-register the documents. You can use the form established by Appendix 2 to the resolution of the Dubna City Administration No. 108PA-796 dated October 28, 2016. The following must be attached to the application:
- written consent of residents;
- an extract from the house register;
- financial account statement;
- identification document of the applicant;
- copies of passports of adult residents;
- birth certificates of minor residents;
- social rental agreement;
- residential warrant.
In the event of the death of the responsible tenant, a death certificate is provided, and upon leaving the premises, a certificate of deregistration is provided. The service is provided for 30 days.
With the reissued agreement, you must contact the housing department in order to reassign the addressee of payment documents.
DSN
An agreement regarding social rent includes everything that a responsible tenant must do: rights and obligations, a list of family members living with him, standards for the operation of housing, and the like, which do not contradict the law. Also, the agreement necessarily provides for the same liability in relation to persons declared incompetent by the court.
The regulations also provide for cases where the responsible tenant dies. Departmental and municipal housing is operated in accordance with Articles 60, 65 and 67 of the Housing Code. In the DSN, the legitimacy of the right to use an apartment is reinforced by the fact that when drawing up an agreement, the owner acts as a lessor, and the remaining citizens registered in the apartment act as tenants. Despite this, all residents registered in this apartment have an equal right to it. The responsible tenant is obliged to obtain the consent of everyone for every action he takes in relation to this housing.
Rights and obligations
Article 67 of the Housing Code of the Russian Federation lists the rights and obligations of the employer. He has the right to: move strangers into the apartment who have no family ties with him, rent out this apartment in whole or in part, register the temporary residence of strangers, exchange or replace this apartment, use housing and communal services, including demanding major repairs or maintenance of property for general use (terms and volumes are provided for by law).
The responsibilities of the employer are also described specifically. Firstly, the housing must be used strictly for its intended purpose (do not set up a subsidiary farm, workshop or production in the apartment, do not use it as a warehouse, etc.); The apartment must be maintained in such a way that its original condition does not deteriorate, that is, ongoing repair work must be provided in a timely manner. It is necessary to comply with the procedure established by the state regarding payment for housing and communal services, as well as pay money for the use of property.
Who is a responsible tenant?
And so, this concept is not relevant now, but a responsible tenant in a municipal apartment is a person who decides to rent an apartment.
His responsibilities include paying rent as well as utilities. Also, without his consent, no transactions with the apartment can be carried out, or rather, registering or deregistering someone, making redevelopment, buying and selling. That is, he is the direct owner of this apartment. This applies to municipal housing.
In an apartment that is privately owned, or rather privatized, the responsible tenant is the owner, owner of the housing and can dispose of this housing at his own discretion. Just as in the case of a tenant in municipal housing, in privatized housing the tenant can register and discharge a person to his living space. In addition, he can sell such housing.
If the responsible tenant sells his share, the apartment, then he no longer has any rights to it. If he is registered in it, he, of course, has the right to live, but no longer has the right to dispose of it.
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.
Who will get the housing?
If the tenant dies, the municipal apartment will be used by his immediate relatives - family members strictly defined by law. This is dictated by the relevant legislation. Members of the tenant's family are considered only to be the spouse living in the apartment, the tenant's parents and his children. The law does not provide for grandchildren. Disabled people and dependents participating in a joint household can also receive recognition as full rights. There are special cases when a court decision assigns the status of a full family member even to citizens of indirect family ties.
Direct family members, as well as those equivalent to them, have the same rights and obligations as the employer. Joint and several liability is assigned to family members whose legal capacity is limited by a court decision. All of the above citizens must be listed in the DSN. If the deceased tenant was divorced from his wife or spouse, but the latter was still registered and lived in the given territory, his rights also remain, and he bears responsibility for the obligations regarding the operation of the housing independently.
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.
Re-registration
After the death of the tenant, the municipal apartment will have to be re-registered by drawing up a new DSN. In accordance with the legislation of the Russian Federation, a person is selected who has the right to such registration: the choice is made exclusively among family members living in a given living space or persons who have received a privileged right through the court.
The procedure for registration and the rights of residents are specified in Article 82 of the Housing Code. It is especially noted there that if any citizen who uses housing on the basis of the DSN, decides to start a family with a person living in another living space, he can apply for a common DSN for any of the registered family members. Any of the residents can replace the first tenant if he is legally capable (the consent of all other residents in this living space is required), but this requires the consent of the owner of the housing (department or municipality).
How to change the responsible tenant in a municipal apartment, reasons
All the nuances of the procedure, of course, can be found in the housing code. There are a number of reasons, for example, it could be the death or disappearance of the employer.
Based on the law, a change of employer is carried out only with the consent of all family members.
The reasons may be:
- The main tenant moves out of the apartment.
- Divorce.
- The employer was arrested and sent to prison.
- The most common cause is death. If this happens, then you need to choose a new main tenant. Requirements for the candidate: to be of age and able to work.
Shared ownership
After the death of the tenant, the joint living space of an apartment building becomes shared property, it is distributed among all family members and persons equated to them in equal parts.
Current legislative norms state that all persons registered or registered in a given municipal apartment have every right to continue to live there, as well as to draw up an agreement in their name with the obligatory consent of the other family members living in this territory and the landlord.
The landlord may not agree with the candidacy of the responsible tenant, but in almost all cases this concerns the legal capacity of citizens or incapacity. Those who are incompetent are limited by law.
Article 82 of the RF Housing Code. Changing the social tenancy agreement for residential premises
New edition of Art. 82 Residential Complex of the Russian Federation
1. Citizens living in the same apartment, using residential premises in it on the basis of separate social tenancy agreements and united into one family have the right to demand that any of them conclude one social tenancy agreement for all residential premises they occupy.
2. A capable family member of the tenant, with the consent of the other members of his family and the landlord, has the right to demand recognition of himself as a tenant under a previously concluded social rental agreement instead of the original tenant. The same right belongs in the event of the death of the employer to any capable family member of the deceased employer.
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.
If the tenant lived alone
Non-privatized housing is returned to the municipality after the death of a single tenant. If the tenant was registered alone in this apartment, his relatives do not have the right to live in this area, and interested parties cannot obtain it.
Further, apartments in the municipal housing stock will be distributed in favor of those in need of housing. Persons who are related to the deceased tenant can receive an apartment only if a corresponding court decision is received.
FAQ
If the tenant was a person living in the apartment separately without relatives and friends, then in the event of his death the contract loses its force.
This point is spelled out in Article 83 of the Housing Code, that is, after the death of a single tenant, the apartment cannot be transferred to another citizen.
From mother to son
Sometimes there are situations when one of the relatives wants to appoint themselves as the responsible tenant.
Eg:
- a mother and son live in the apartment;
- the tenant of the residential premises is the mother and actually lives in this property;
- the son is afraid that his mother will want to sign him out, since he lives in another apartment, but is registered in municipal property;
- To be on the safe side, he wants to renew the contract and become the main tenant.
As a result, all documents for paying for the apartment will be sent to him, and he will also pay utility bills.
In fact, the son’s fears are in vain, since the mother has no rights or legal grounds to expel her son from the apartment. To verify this, it is enough to refer to Article 69 of the Russian Housing Code.
The employer and all members of his family have equal rights, which means the mother will not be able to discharge her son.
There are known precedents for the eviction of citizens from a municipal apartment who have not appeared there for more than 5 years. Then they are declared missing and deregistered from the residential premises by a court decision.
However, if my son lives in another apartment, no one will sign him out, since he appears periodically, and the neighbors can confirm this.
It is also important to pay utility bills together with the tenant, so that in case of a dispute, you can present receipts.
A responsible tenant in a non-privatized apartment is obliged to pay utility bills on time. Does a tenant have the right to evict other tenants from the apartment? Read here.
What to do if a tenant dies in a non-privatized apartment? Useful information in this article.
Who can be nominated?
Sometimes the death of the main tenant confuses the rest of the family when choosing a tenant.
For example, after the death of his father, the following remained in the municipal apartment:
- one adult daughter;
- youngest minor daughter;
- disabled child;
- common-law wife of a deceased father with expiring temporary registration.
In this case, the adult daughter can be the new employer, since she is an adult, able-bodied member of the family.
At the same time, a personal account cannot be issued for a temporarily registered common-law wife, but when her registration is renewed, she can act as the main tenant.
It is also possible to achieve division of the personal account for payment of utility bills:
- one part will be paid by the adult daughter;
- the other is a common-law wife.
However, the division of the personal account can only be carried out after the contract has been re-registered, since the wife of the deceased must obtain a new registration.
