In what case can a military man rent a residential premises or sublet?
A military serviceman has the right to rent premises and receive compensation for it if he needs official housing, but the military unit cannot provide him with premises located in its department. Since a serviceman is an individual, he can enter into a lease or sublease agreement with the owner of the property.
The rental agreement is concluded if the owner of the premises is a private person . A sublease transaction involves renting an apartment owned by state or municipal authorities.
Legislative regulation of such real estate transactions
The procedure for hiring residential premises by military personnel is regulated by the following legislative acts:
- Article 2 of Federal Law No. 76, which talks about the position of the military man and his family members.
- Government Decree No. 909 and No. 989, which regulate monetary compensation.
- Order No. 235 of the Ministry of Defense of the Russian Federation, which defines the specifics of monetary compensation for military personnel in the reserve or families of deceased military personnel.
- Order No. 1280 on the procedure for including military personnel on the list of those in need of housing.
- Order No. 303 of the Ministry of Defense of the Russian Federation, forming the organization of payments for renting and subletting housing.
- Order No. 148n of the Ministry of Labor and Social Protection of the Russian Federation, approving the maximum cost of hiring and subletting housing for the military.
- Order No. 4 of the Federal Security Service of Russia, on the procedure for compensation for rent for FSB agencies.
Who falls into this category?
Reference. A civil servant is a specialist who works in government agencies, law enforcement agencies or the armed forces.
Art. 10 of the Federal Law of May 27, 2003 N 58-FZ (as amended on May 23, 2016) “On the civil service system of the Russian Federation” gives the following definition.
Civil servants are employees of government agencies at the federal or regional level who receive wages from the state budget or regional budget, respectively.
Civil servants are prohibited from engaging in business or other activities (except scientific, educational or creative), for which they will receive monetary remuneration from third parties. They are also prohibited from abusing their official position. If violations of these requirements are detected, the employee will be dismissed from service or prosecuted according to the law.
Between whom is the contract concluded?
If a military employee needs rented housing, then to receive compensation you need to enter into a formal rental or sublease agreement .
Such an agreement is drawn up between the military man, who in this case is the tenant, and the owner of the property, who is the renter.
Who can provide housing for a military man? Lessors can be :
- legal entities;
- individuals;
- municipal authorities.
Document requirements
The preparation of this document is a mandatory part of any residential lease agreement (Article 671 of the Civil Code of the Russian Federation). This document is not difficult to draw up, but you need to know the basic nuances. To do this, you need to answer the most common questions.
How to compose it correctly?
To draw up an agreement, the involvement of professional lawyers is not required. It is important that this document stipulates all the necessary essential terms of the agreement :
- description of the object of the transaction, that is, the residential premises being rented (full address, total area, number of rooms);
- rent (amount of payments, nature of payment and the possibility of increasing the cost of rent).
At the beginning of the paper you need to write the name of the city in which the housing is located, the date of the agreement and the passport details of the parties. The document must also indicate the number of the title document for the area being rented. It would also be a good idea to indicate in the contract additional terms and conditions of the transaction :
- The procedure for visiting the apartment by its owner.
- Possibility of temporary entry into the premises by third parties.
- Features of major and current repairs.
- Contract time.
- Possibility of living with animals and so on.
In what form?
The rental agreement must be drawn up only in written (printed) form. A verbal agreement will not be accepted to obtain compensation for a service member. In addition, it cannot act as an official confirmation of the transaction in controversial situations.
What should you consider when making a conclusion?
When concluding an agreement, it is very important to pay attention to the fact that the tenant is the sole owner of the apartment, having checked the documents for the living space. If there are several owners, then they all need to give their consent, otherwise the transaction will be considered invalid . Also, if the residential premises are rented out not by the owner, but by his authorized representative, then he is obliged to present a power of attorney, which must be certified by a notary.
How to make payment?
The payment procedure must be specified in the document. You can pay for services either by transferring to the owner’s card or account, or by handing over money in person.
Important! If payment is made in cash, then the owner must provide a receipt for receipt of money.
For what period is it issued?
The exact duration of the rental or sublease agreement for housing for military personnel is not defined anywhere . Such agreements can be divided into short-term (lasting up to 1 year) and long-term (lasting from 1 year) by duration. Most often, short-term contracts are concluded and then automatically extended for the same period.
Is registration required?
It is necessary to register only long-term contracts with the Rosreestr authorities, that is, those that are concluded for a period of more than a year (No. 122-FZ of the Russian Federation).
Do these persons have the right to use official housing for such a purpose?
- According to the law, it is impossible to rent out office housing. To do this, it is necessary to transfer it to the category of personal property. According to statistics, this is a rather labor-intensive process, since enterprises do not intend to voluntarily part with their housing. Privatization of service housing becomes possible when an apartment transfers to the status of municipal property with the consent of the owner.
- Next, you need to submit an application to the MFC, provide a package of documents and sign an agreement between the city administration and the people living in the apartment.
- The final stage will be registration of the apartment in Rosreestr. After this, the apartment completely becomes personal property, and you can dispose of it as you wish with the rights of the owner. The restrictions for civil servants are the same as in the cases described above.
Receiving rent compensation
So, the serviceman chose an apartment for himself and signed a rental agreement. Now you need to contact your military unit to receive compensation . In order for this procedure to be fully understandable, it is necessary to answer questions that may arise during the process of applying for compensation.
What certificates will be needed?
The papers that need to be submitted to the unit commander include:
- Report. It is drawn up in the name of the commander of the military unit. This official document also indicates the address of the rented apartment, the amount of rent, the rank of the military personnel and a list of documents attached to the report.
- Certificate of family composition, which can be done directly at the unit.
- A copy of the rental agreement.
- Extract from the order for enrollment in the unit's staff.
- Passport or birth certificates of the military man and all members of his family.
Attention! The amount of compensation directly depends on the number of family members of the serviceman, so if a child appears in the family, the unit employee must submit a new report.
How much is the deduction?
Unfortunately, it is extremely rare for military personnel to count on full compensation for rent. This can be explained by the fact that the amount of such payment has certain restrictions, which depend on the region . Thus, in Moscow the maximum value of compensation can reach 15,000 rubles, and in other large cities and regional centers - only 3,600 rubles.
How is the calculation made?
The payment amount is calculated taking into account the following values:
- the amount of rent;
- the maximum value for the area in which the part is located;
- number of military family members.
Monetary compensation in the established amount is transferred to the military personnel’s personal account on a monthly basis.
How to increase the payment amount?
You can increase the payment amount if more than 3 members of his family live in the rented living space with the military man. Then the surcharge increases by exactly 50%.
What problems may arise upon receipt?
When renting housing, a serviceman may encounter some problems that can be explained by the unlawful actions of the authorities and the imperfection of existing laws.
The most common difficulty is a smaller amount of compensation than what is due to the military . In this case, he has the right to file a claim in the garrison military court.
It is worth noting that most often such cases end in victory for the plaintiff.
Attention! You can also go to court if the command completely refused the military man this payment.
Can military personnel and police officers be included here?
The country's civil service is divided into military and civil branches. Civilian government employees include:
- tax officials;
- judges;
- prosecutors;
- police officers;
- officials.
The Federal Law “On Military Duty and Military Service” dated March 28, 1998 N 53-FZ recognizes military service as a special type of federal civil service. Consequently, the military also belongs to the category of civil servants.
Is it possible to rent out an apartment?
The answer to this question depends on whether he is a home owner. If yes, then he has every right to dispose of his property at his own discretion. If the apartment is a service apartment, that is, it was issued under a social tenancy agreement, then the military has no right to rent it out .
There are other materials on the topic of rent on our website that may be of interest to you:
- Documents for the transaction.
- Room rental agreement.
- Daily apartment rental business.
- How and for what can you evict tenants?
For military mortgage
It depends on the bank's decision. If the banking organization does not mind renting out the apartment, then the serviceman has the right to rent it out. The main thing is to monitor the safety of the property.
A serviceman has the full right to rent residential premises and receive compensation for it if he needs housing. This question needs to be clarified immediately after arriving for service at a military unit.
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