Municipal apartment after the death of a tenant: inheritance in 2021

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Anastasia Klimenkova (Lawyer)

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Author: Anastasia Klimenkova (Lawyer) (All articles by the author)

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The privatization process, launched in the 90s of the 20th century, allowed a large number of Russian citizens to take possession of residential premises that they had previously used under a social tenancy agreement. Not all people were able to take part in this process, so the question arose of who would get the municipal apartment after the death of the tenant. Personal property can be inherited by relatives or strangers. Obtaining municipal housing by heirs is problematic and depends on a number of factors.

Powers and obligations of a tenant under a social tenancy agreement

The tenant of municipal housing has a wide range of rights in relation to this real estate:

grant the right to other people to live in an apartment free of charge or for a fee (unless this is prohibited by the norms of the current housing legislation);
exchange residential premises for similar real estate from a fund owned by the municipality (according to the provisions of Article 72 of the Housing Code);
use the capital repair service provided free of charge;
use various services provided for money by public utilities.

The responsibilities of a municipal housing tenant are as follows:

Use the apartment strictly for its intended purpose (for the residence of the tenant and his family members).
Carry out routine repairs and constantly monitor the proper operation of communications in the residential premises.
Pay for services under the rental agreement, as well as utility bills, on time.

Possible sale options

Previously, the law did not provide for the sale or exchange of municipal apartments. However, in 2021 this procedure is possible, but it has its own risks and inconveniences.

Methods:

Buyer registration . To do this, it is necessary to obtain the consent of all registered residents. The seller registers the buyer, and registers himself after receiving money from him. All costs for further privatization are borne by the buyer. The disadvantages of this method include paying a tax of 13%.
Sale with further privatization . The disadvantages include a lengthy search for a buyer, as well as unnecessary expenses, which include paying a tax of 13%, as well as paying a state duty from 2 to 13 thousand rubles.
Exchange. In addition to the lengthy search for a buyer, the seller must obtain the consent of the head of the municipal administration. Paying commissions to the agency also takes up a lot of money. To exchange housing from an agency, you need to purchase “buffer” housing from it and then sell it back.

Any of these options is costly and risky, so the best way to sell real estate would be initial privatization and its further sale.

Privatization

To be considered a full owner of a residential space, you must go through the privatization procedure.

Everyone who is registered in the apartment has the right to it; after privatization, they become its owners. Persons over 18 years of age have the right to refuse it.

Owners of privatized apartments are given broad powers; they can:

exchange an apartment with another tenant;
provide housing for rent for any citizen within the framework of the law;
receive utilities in full;
receive major repair services free of charge.

So, a special procedure has been established for obtaining rights to non-privatized housing . Actual inheritance is impossible, since a municipal apartment belongs to the state and is considered its property. Therefore, the successors of the deceased person cannot inherit him.

In accordance with civil law, you can only inherit your own property. To succeed to a state apartment, it is necessary to re-register the social tenancy agreement to another person or privatize the housing.

Features of registration and residence of family members

If the tenant rents municipal housing with his family, they must be indicated in the social tenancy agreement. The following persons fall into this category:

wife husband);
parents;
children;
tenant's dependents;
other citizens living with the employer.

All persons specified in the contract have equal rights and obligations with the employer. New citizen-relatives can be registered only with the consent of all people included in the social tenancy agreement.

Persons who are not relatives can be registered in an apartment only with the consent of the municipality. If there are more people living in a residential building than required by the standards, the landlord has the right to refuse registration of other people. If we are talking about minor children of registered citizens, then they do not need to obtain an individual permit.

○ How is a non-privatized apartment inherited?

Even if the testator has not registered ownership of the living space, he can transfer it to his heirs.

The testator has the right to make a will containing a disposition of any property, including that which he may acquire in the future. (Article 1120 of the Civil Code of the Russian Federation).

This means that the testator can dispose of this type of property only if he has already begun the privatization procedure and it can be completed by the heir. In this case, the testator has the right to indicate to whom and under what conditions he transfers the apartment.

Also, heirs can claim living space if they lived with the deceased and used the apartment on a common basis. In this case, they can renew the social lease agreement and subsequently privatize the apartment.

If there is no will, the heirs are determined by law: these are the spouse of the deceased, his minor children and parents.

Who gets municipal housing after the death of the main tenant?

Since the apartment transferred for the use of citizens under a social tenancy agreement is owned by the local administration, only it can dispose of it. Therefore, housing cannot be the object of inheritance.

If the tenant lived alone, and no one else is registered in the residential premises, after his death the apartment passes to the municipality. He can leave the apartment without tenants or transfer it to other citizens under a social tenancy agreement.

Good to know:

Privatization of an apartment: where to start and where to go first
Pros and cons of a non-privatized apartment
Use of residential premises under a social tenancy agreement

If other people lived in the apartment with the tenant, they are given the right to continue renting the premises under the same conditions, but changing the information about the tenant.

What to do after re-registration?

It is important to understand that tenants are required to pay off rent debts before registration. After the new agreement comes into force, housing, if necessary, will be privatized. The right to this belongs to citizens living and registered in the apartment who have not exercised it previously. In other words, employers never took part in privatization. What does this procedure give them? If housing is transferred to them from the state free of charge, then they become its owner. And it doesn’t matter what happens after the death of one of the employers. The law protects the right to private property, so if one of the tenants passes away, the housing will be inherited by law or will.

It should be understood that the apartment that passed to the heirs after the death of the testator is also paid for by them. If there are outstanding debts, tax arrears, the heirs are obliged to pay everything. This is explained by the fact that along with the property from the testator, his debts are also transferred.

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Features of a social tenancy agreement

Based on the agreement concluded by the parties, the tenant has the right to use the premises specified in the agreement indefinitely, as long as he does not violate the rules for using the property.

The contents of this agreement are established by the provisions of Resolution No. 315, issued by the Government of Russia on May 21, 2005. According to this legal act, the social tenancy agreement must contain the following information:

specific description of the municipal property (exact address, characteristics);
list of powers and obligations of the parties;
procedure for making various changes;
grounds for termination of the contract by agreement of the parties and unilaterally.

The annex to the contract indicates all citizens registered in the apartment and living with the tenant. They are responsible for the property in the apartment jointly and severally with the main tenant.

If during the use of social housing there is a need to make any changes to the rental agreement, this is carried out in accordance with the norms of the Russian Housing Code and other acts.

Citizens living in a municipal apartment can enter into a single rental agreement with the administration, according to which all specified entities are included in the family.

If none of the residents objects, the apartment can be re-registered to any of the citizens registered and living in it. Thus, the death of the main employer entails the emergence of such a right.

How to privatize?

The existing social tenancy agreement gives residents the right to privatize their housing and transfer it from municipal status to personal property .

Algorithm of actions

To begin with, the tenant and tenants must decide who exactly will privatize the apartment and, accordingly, become the owner of the apartment .

All persons living in the apartment can participate in privatization, so it is necessary to determine the composition and number of participants , since privatization can be carried out in shared ownership by two or more persons.

The consent of all citizens living in the housing is required.

Otherwise, privatization is impossible ; the only way out of this situation will be forced resettlement and privatization of a new residential property.

Application for consent to privatize an apartment.

After this, the applicant needs to contact either the privatization department of the municipal district administration, or, more simply, the MFC .

There you should fill out an application for privatization , the form of which is provided by the employees of the organizations.

Application for privatization of an apartment.

The next stage is collecting the necessary documents . It will take the longest to obtain a technical passport from the BTI - up to 1 month.

You also need to obtain a cadastral passport and a whole package of other certificates.

The overall process of collecting documents can take from 1 to 2 months .

Since some certificates are valid for 10 days, you must first take care of ordering a BTI passport, and then proceed to collecting other documents.

Next, all persons living in the apartment (participating and not participating in privatization) must together submit documents to the MFC or an authorized body.

Each of them must, after presenting a passport, sign consent to the privatization of housing. Privatization participants sign an agreement on the transfer of ownership of a residential property .

privatization procedure takes place within 5 working days , after which the new owners are given an extract from the Unified State Register , which now replaces the certificate of ownership.

The extract indicates the new property status of the apartment and its owner.

List of documents

During the registration process you must provide:

social rent agreement ,
technical passport , cadastral passport,
extract from the house register,
a certificate from Rosreestr about the status of the premises,
a certificate from the BTI confirming non-participation in privatization,
notarized refusal of participation in privatization of residents.

Who is not eligible for this procedure?

Persons living in the premises, registered at this address and included in the annex to the social rent agreement, can participate in

The following will not be able to take part in privatization:

citizens who previously participated in privatization (with the exception of persons who previously participated in privatization as minors),
persons not included in the annex to the agreement,
temporary residents (under a sublease agreement, with temporary registration).

Persons declared incompetent are not deprived of the right to privatize a guardian acts on their behalf .

In turn, the guardian or guardianship organization does not receive property rights to privatized housing.

Grounds for termination of a social tenancy agreement

There are several grounds for terminating housing legal relations under a social tenancy agreement:

consent of both parties;
identification of violations of the terms of the contract on the part of the residents registered in it;
the inability to continue living in the apartment due to the demolition of the house or its reconstruction;
termination of the agreement at the initiative of the administration in connection with a ruling of a court or other authorized body that has entered into force;
seizure of a land plot with the provision in return of the right to reside in another municipal facility;
rent arrears for more than 6 months;
proven guilt of residents in causing significant damage to municipal housing;
use of the apartment for other purposes;
systematically committing actions that violate the rights of neighbors.

Unilateral termination of the contract is possible only through court.

How to enter into an inheritance if the apartment was not privatized by the deceased

According to the law, it is impossible to enter into an inheritance in the form of a non-privatized apartment. Relatives or family of the deceased who lived with him can count on the re-issuance of a social contract for them. hiring And after securing their rights to use the apartment, they can privatize it.

Privatization after the death of a tenant of a municipal apartment is the only way to obtain ownership rights to it. If they are properly registered, then this living space can already be passed on by inheritance.

Re-registration of municipal property to another tenant

Each Russian region establishes its own procedure for submitting applications for re-registration of municipal housing. The main thing for tenants after the death of the tenant is to determine which of them will be a party to the contract. Before submitting the list of required documents, it is important to deregister the deceased relative.

When the municipality makes a decision to re-register the contract to another person, applicants must contact the housing management company, which will change the personal account information. According to Article 69 of the Housing Code of the Russian Federation, a contract can only be re-issued in the name of an adult capable person.

The timing of re-registration depends on when employers submit the appropriate application and receive the consent of the municipality. If the administration refuses to re-sign the contract without good reason, the tenants need to go to court to protect their interests.

List of required documents

Re-registration of the contract will be possible when the tenant chosen by the residents appears at the municipality together with other citizens registered in the residential premises, submits an application to re-sign the contract indicating all persons present and attaches the following documents to it:

residents' passports;
a document confirming the death of the main employer (court decision, death certificate);
original of the current social tenancy agreement;
extract from the personal account.

After submitting the documents, the applicant must wait for a written response from the administration and re-sign the agreement with it.

Living in a municipal apartment is beneficial from a financial point of view. But if the main tenant dies, there may be problems with the continued residence of the remaining tenants in the premises. Often it is necessary to resolve the problem through the courts.

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Home inheritance

The owner of municipal housing is the state, so family members of the tenant cannot inherit it.

Persons who have a residence permit in a municipal apartment have the right to use it, even if the responsible tenant has died. It is necessary to re-register the social tenancy agreement for another family member.

In order to dispose of an apartment, it must be privatized, i.e. register ownership free of charge. Anyone who has permanent residence in it has the right to register ownership of a municipal apartment. However, family members can waive their right in favor of another relative.