The opportunity to privatize a state apartment has existed for more than 20 years. However, to this day a considerable part of this fund remains unprivatized. The law still allows this possibility. But citizens do not always dare to take this step.
Problems arise in connection with the death of the person in whose name the agreement to rent a municipal apartment was drawn up. Since such an apartment is not the property of the deceased person, it cannot be left as an inheritance. However, succession of rights in this case occurs differently.
Features of this procedure
You can live in a municipal apartment only under a social tenancy agreement.
Before privatization, housing officially belongs to the state and any manipulations with it must be carried out only with the permission of the relevant authorities.
Sometimes in a rented apartment it is necessary to change the responsible tenant, which involves re-issuing documents, including the social tenancy agreement.
The procedure is regulated by law and requires the consent of all family members.
Apartments on the balance sheet of the municipality are transferred to citizens under a social rental agreement.
The document is concluded with the tenant, who was previously called the responsible tenant. Currently there is no such concept in the Housing Code.
In the new version of Law No. 82 of the Housing Code of the Russian Federation, responsibility for the safety of municipal property is imposed on the tenant.
He becomes a citizen:
- adult;
- capable
As a rule, an apartment is issued not to an individual, but to a family, taking into account the interests of all its members. For example, children of different sexes over the age of 9 have the right to a separate room.
And each family member becomes the owner of the apartment, receiving an equal share with everyone else in the event of privatization of housing.
When renting an apartment, a family has the opportunity to conclude several contracts at once, if each person occupies a separate room.
But few take such a step, especially with minor children.
It is much more convenient and faster to conclude one general agreement valid for the entire apartment and all family members. All family members have equal rights to living space.
The employer acquires more responsibilities; he is responsible for the safety of municipal property; in the event of litigation, claims are sent only to the responsible person.
Adding, signing out new tenants, exchanging, selling, renting out and carrying out other manipulations with the apartment is possible only with the consent of all family members.
Family members of the employer include:
- Children.
- Parents.
- Spouse.
- Other relatives recognized as such in court and leading a common household with the employer.
Who can be an employer
The employer can be any adult and capable family member. Who exactly will take responsibility for the living space is decided jointly.
All family members must give their consent to recognize a person as an employer.
If the family cannot reach a common opinion, then the decision is made by the court. It is also possible to conclude a social rental agreement with each person applying for an apartment.
If we think adequately, then the employer most often becomes a spouse with minor children.
It is not profitable to enter into a contract for elderly people - in the event of their death, the documents will have to be reissued, again wasting time.
And it is problematic for an elderly person to go to various authorities when conflict situations arise.
The main condition is that the tenant must be registered in the apartment. A person “from the street,” even if he is a relative of the responsible tenant, cannot become a tenant, nor can he apply for housing.
Rights obtained
The rights of a tenant of a municipal apartment are specified in Article 67 of the Housing Code of the Russian Federation:
| Invite | to reside with other persons who are relatives |
| Hand over | part of the housing for rent |
| Invite for | short-term residence of persons who are not relatives |
| Nominate | requirements for the exchange of housing if it does not suit family members according to certain parameters |
| Nominate to the landlord | requirement to carry out major repairs of a building if it is in disrepair |
Any changes in the apartment, including redevelopment, moving in new residents or renting, are possible only with the consent of all family members, that is, the owners of the apartment.
If their rights are violated, then justice will be restored through the judiciary.
As for the requirements for repair and/or exchange of an apartment, the decision should be general.
The tenant will be required to write an application addressed to the landlord, present a social tenancy agreement and the written consent of all co-owners of the property. Therefore, there is no need to talk about employer privileges.
The only thing that does not require the consent of other members is the registration of the employer’s minor children.
Persons under the age of 18 are registered in an apartment with a parent unconditionally, and no one can contradict this rule.
New responsibilities
The responsibilities of the tenant are specified in the Housing Code and the social tenancy agreement.
They may vary depending on the requirements of the lessor and the regulations applicable to this process.
Main responsibilities include:
| Use housing only for its intended purpose | It is not allowed to organize activities in the apartment that are contrary to the law. If this is noticed by the governing bodies, the social tenancy agreement will cease to be in force, and the tenants will be forcibly evicted (eviction notice) |
| Monitor safety | property, maintain the apartment in proper condition |
| Do not allow violations | rights of neighbors (maintain cleanliness in the area near the apartment, maintain silence during the allotted time, exclude drinking alcoholic beverages and smoking in the entrance, etc.) |
| Be responsible | for causing damage to neighbors' property. For example, one of the family members was bathing in the bathroom, forgot to turn off the tap and flooded the neighbors below. All claims will be directed to the responsible person, that is, the employer. And we will have to look for the true culprit among ourselves |
| Pay on time | public utilities. If two families live in the apartment, then payments may be divided |
| Conduct | apartment renovation |
| Notify the landlord | about possible changes in rental conditions |
The tenant’s responsibilities also include resolving any issues that arise, including claims from neighbors or the landlord.
Therefore, the desire to become a responsible tenant is not justified, since he has no right to evict or discharge people without the consent of other family members.
Also, the tenant does not have the right to claim a larger share of the apartment and the share remaining after abandonment of the apartment or the death of a relative. Each owner has equal rights to living space.
How to change the responsible tenant
Despite almost equal rights and responsibilities for all family members, there must be a responsible tenant.
It is appointed by the decision of all persons applying for an apartment and can be changed for various reasons.
The procedure for re-registering a tenant is a common one and does not require special preparation.
Family members decide who will be the new employer. If disagreements arise, the conflict can be resolved in court.
All adults registered in the apartment can apply for the right to become a responsible tenant.
Due to death
The most common reason for changing an employer is his death. Actions are regulated in Article No. 82 of the Housing Code.
In this case, the social rental agreement does not terminate, unless otherwise stated in the conditions. All family members must agree to the appointment of a new employer.
Many people are interested in the order in which the right to become a tenant arises. She's gone. Since all family members are equal in their rights to the apartment.
Then, for example, after the death of the tenant, a grandson, and not one of the children, may become the responsible tenant.
The applicant must be employed, legally competent and not have a valid criminal record.
In general, the transfer of rights after the death of the employer is carried out without verification of family members, with the exception of court proceedings, when the most responsible family member is selected by the competent authorities.
After the death of the tenant, acting as the only registered tenant in the apartment, the social tenancy agreement loses its force.
Relatives registered elsewhere cannot apply to live in this facility.
Exceptions include minor children living after a divorce with the other parent and having no other living space.
In this case, the official representative of the child can seek in court to award the apartment to the heir.
Although this is rarely practiced, since municipal apartments are not inherited.
From mother to son
A mother can transfer responsibility for an apartment to her son for several reasons:
| Due to the occurrence | incurable serious illness |
| Assuming | imminent death |
| To remove | responsibility from an elderly person |
To change the employer, you will need to contact the management company to renew the social tenancy agreement.
If no other persons live in the apartment, then only the mother’s consent is required.
A son can become an employer only if he is registered and lives at the same address as his mother.
It happens that an employer becomes incapacitated due to illness or injury.
Other apartment owners can represent his interests by presenting a certificate of health of the responsible tenant. It is not necessary to change the employer, although this option is possible.
Children strive to become a responsible tenant after a quarrel with their parents, assuming that they will deregister them if they have other real estate.
But the fears here are in vain. Even the employer does not have the right to discharge family members. With the exception of persons whose whereabouts are unknown. But for this, at least 5 years of searching must pass.
Changing the social tenancy agreement for residential premises
MIP online legal encyclopedia - » Housing law » Renting residential premises » Changing the social tenancy agreement for residential premises
It is possible to change the current social lease agreement for a number of reasons described in the provisions of the Russian Housing Code. In particular, Article 82 makes direct reference to the reasons for changing the contract.
Content
It is possible to change the current social tenancy agreement for a number of reasons described in the provisions of the Russian Housing Code. In particular, Article 82 of this legal act provides a direct reference to the reasons for changing the contract; we will dwell on each of them.
Consolidation of social tenancy agreements in connection with the creation of a family
Clause 1 of Article 82 of the Housing Code of the Russian Federation provides for the possibility of uniting citizens living on the basis of different social tenancy agreements in different rooms of the same apartment, under a common agreement, according to their will. Such a legal procedure is carried out at the request of interested parties, by concluding a single social tenancy agreement in the prescribed manner.
Citizens will continue to live in the same apartment, but the legal basis for residence will change. An important condition for concluding a general agreement, without which an agreement is impossible, is the unification of citizens into one family.
Previously, the country's housing law allowed the conclusion of a single rental agreement for citizens in the process of starting a family; the law used the term: “uniting” into a family (see Article 87 of the RSFSR Housing Code).
The modern Housing Code of the Russian Federation requires the already accomplished fact that citizens create one family in order to merge their social tenancy agreements into a common one. Typically, this right is enjoyed by persons who have become spouses.
Changing the contract due to the departure of a family member or his death
The basis for changing the contract is the replacement of the previous employer with a new one by submitting an application to the authorized body. It is important that such a replacement is carried out legally: with the consent of the tenant’s family who lives with him, and with the permission of the landlord. Another immutable condition of the agreement is the legal capacity of the person planning to become an employer.
A citizen must have the opportunity to acquire both rights and obligations, bear responsibility for actions taken in relation to housing, and answer for the obligations imposed on him by law in the process of housing legal relations.
If the tenant under the social tenancy agreement has died, the contract is renegotiated upon application by a legally capable family member of the previous tenant who lives in the same apartment and has reached the age of majority at the time of the agreement. An important condition of the contract will be the written consent of the family and the permission of the landlord.
A similar legal procedure applies in the event of a competent tenant leaving the premises.
If the landlord refuses to change the terms of the social lease, despite the application being submitted on time and duly completed and the citizen having grounds for changes, the citizen can file an application with the judicial authorities to challenge the decision.
Other reasons for changing the social tenancy agreement
In addition to the cases considered, circumstances specified in the Housing Code of the Russian Federation may arise that actually change the contract, namely:
- Acceptance by citizens of a vacated room as part of a “communal apartment” under a social tenancy agreement. Such housing is provided upon application, in order of priority; the procedure for providing housing is clearly regulated (see Article 59).
- Forced eviction of a family member from a home by court, while the status of other living citizens does not change (see Art. 91).
- Accommodation of other persons as relatives of the tenant (see Article 70).
- Providing the tenant with other housing for the duration of the work (major repairs, reconstruction), if it is not possible to carry out such activities without evicting the tenants (see Article 88).
These situations change the subject composition of legal relations, and in the latter case, the subject of legal relations—the living quarters—changes temporarily. Accordingly, the social tenancy agreement undergoes significant changes with the onset of these circumstances.
What other possible reasons
A change of employer is also possible for other reasons:
| Eviction from the apartment | employer and deregistration |
| Divorce of spouses | one of whom is listed in the social tenancy agreement as the tenant |
| Arrest | law enforcement agencies |
| The missing | without a trace |
In any of the above cases, documentary evidence of the need to change the employer is required.
The governing bodies will not take their word for it, even if the opinion is unanimous.
What happens if the main resident is discharged?
If the registration of a tenant living alone is terminated, the contract is terminated on the day of departure (Clause 3 of Article 83 of the Housing Code of the Russian Federation). If other family members are registered in the premises, then the obligation to pay utility bills is distributed among adult residents until the contract is renewed and a responsible tenant is appointed (Clause 2 of Article 69 of the Housing Code of the Russian Federation).
If temporary tenants lived with a single tenant, then they undertake to vacate the premises on the basis of a court decision (clause 5 of Article 80 of the Housing Code of the Russian Federation).
A responsible tenant is a citizen who accepts obligations under a social tenancy agreement. If necessary, the main tenant can be changed with the consent of the residents. To do this, you must contact the landlord, and if the landlord refuses, you must contact the district court.
Re-registration procedure
To change the employer, you will need to make changes to the social tenancy agreement.
A similar procedure is also necessary when changing the composition of family members living in the apartment.
To change the responsible tenant, he or his family members submit an application to the management company and attach the necessary documents.
Where to go
Having chosen a new tenant by a single decision, you should contact the housing policy department in the region of registration and submit an application, indicating the reason for the need to change the tenant.
It takes several days to consider the request, in rare cases – up to 3 weeks.
The Housing Policy Department makes a decision approving or denying the request.
If the management company does not contradict, then a new social tenancy agreement is drawn up. The presence of all family members is required.
With a new social rental agreement, you should contact the housing maintenance office, where changes are made to your personal account.
This is necessary, first of all, to ensure that utility payments are received in the name of the new tenant.
How to renew a social tenancy agreement after the death of the employer
As already noted, if the apartment has not been privatized, then inheritance does not take place. Instead, the social rental agreement is re-registered to another tenant. How to do it?
Re-registration procedure
As a rule, the authorized body for the disposal of municipal property in the housing stock is the housing inspection. Usually this is a department in the municipal administration.
Depending on whether the MFC in the relevant area provides services for re-registration of social rental contracts, you can contact them.
In any case, before applying, the responsible resident of the apartment must take the following actions:
- obtain the consent of other residents to re-register the apartment in his name;
- carry out an extract from the relevant apartment of the deceased tenant and obtain a certificate certifying the fact of death from the civil registry office;
- prepare a social rental agreement.
After the agreement is concluded, a copy must be submitted to the authorized housing organization. She must make appropriate changes to the records in order to further determine who is responsible for the use of the apartment.
When residents of a municipal apartment cannot agree on the person to whom the contract will be renewed, they need to go to court. Whoever is determined by the court will be an eligible tenant.
What documents will be required?
Re-registration is carried out by concluding a new agreement with the authorized municipal body. To do this, submit an application in which it is necessary to indicate all residents and note the circumstances due to which re-registration was necessary.
When re-concluding the agreement, the presence of each resident is required. If one of them cannot participate, then he needs to draw up a notarized power of attorney in the name of one of the residents so that he represents him in the administration.
In addition to this application, you must submit the following documents:
- passports of each of the residents;
- a certificate from the civil registry office, which confirms the death of the previous employer;
- a rental agreement that was concluded with the previous employer;
- a certificate from the housing organization, which reflects the fact of payment of all utility debts;
- an extract from the house register, which reflects the persons who are registered in the municipal apartment at the moment.
After the agreement is concluded, each resident indicated in it will have the right to privatize the apartment on an equal basis with others.
