The rental of housing without the consent of the municipality or each resident is administrative offense and entails a fine. The municipality has the right to demand termination of the sub-lease and has the right to refuse the tenant to re-register the lease agreement.
Just do not forget to get permission from the city and the consent of all family members living with you. In order to obtain permission from the city for the rental of a non-privatized apartment, it is necessary to look at the lease agreement who the landlord is and write an appeal asking for permission to conclude a lease agreement. Do not forget to attach a sheet with the consent of those living with you.
Is it possible to lease municipal housing for commercial use and what is it
- According to the social tenancy agreement, one party is the owner of the state premises housing stock or municipal housing fund (authorized state body acting on its behalf or authorized body local government) or the person authorized by it (landlord) agrees to transfer to the other party - the citizen (tenant) the dwelling in possession and use for living in it on the conditions established by this Code.
- The social tenancy agreement for a dwelling is concluded without establishing a period of validity.
- A change in the grounds and conditions giving the right to receive housing under a social tenancy agreement is not the basis for terminating the social tenancy agreement.
New buildings - all new buildings
- passport with a residence permit in this apartment;
- payment receipts utilities with the name of the responsible tenant;
- copy of the financial personal account, extract from the house book;
- written consent of all adult members of the employer's family (and all neighbors, if it is communal apartment) registered in this apartment.
Is it possible to rent a municipal apartment
5 months ago, I moved to live with a friend, and rented a room before the contract. A week ago a man came, introduced himself as an officer of the criminal investigation department, told me that I was on the wanted list and told me to call him on the phone (he transmitted this through a neighbor). The security officer called me for a talk, I could not come up that day, he asked the person to whom I was renting to come up. He asked him in detail everything where he lives, how much he takes, where he works, what he knows about me. The man was in a panic and left the room. Then I found out that I do not have the right to rent municipal housing until the room is privatized.
How to rent municipal housing
In an attempt to earn some money, each apartment owner begins to look for the answer to the question: how to rent an apartment? However, you can rent out not only the property that you own, but also municipal apartments owned by the city. These two procedures are very different. If you are the owner of an apartment or house, you have to conclude a lease agreement with tenants. If you occupy a municipal area, you yourself are a tenant, therefore, the delivery of municipal housing can only happen through sublease.
Is it possible to rent a municipal apartment
When you become the owner of an additional municipal area, the question arises: is it possible to rent a municipal apartment? The owner of municipal housing, having a residence permit in it, is himself the tenant of this area under a social loan agreement.
How to rent an apartment
From the point of view of the law, what you do with your own or provided to you for use apartment does not concern the neighbors in any way. But, if your tenants violate the peace of their neighbors or their other legal rights, this can cause you unnecessary trouble. Therefore, carefully write down all the details of relationships with neighbors in the contract.
Lawyer Real Estate
If you do not have the opportunity to receive the signatures of each of those registered in the apartment, for example, because he is absent, you can provide a power of attorney in your name, certified by a notary.
How to rent an apartment
- tenant's refusal to pay rent (in this case, the lessor has the right to evict the tenant);
- failure to pay utility bills, as a result of which serious debt may accumulate (it is necessary to control the timeliness of making utility bills or tackle this issue independently);
- possibility of theft or damage to propertylocated in the apartment, damage to repairs, etc. (to protect yourself in such a case, use the precautions described in the section “What other documents can be issued?”);
- the possibility of property damage to neighbors by the tenant due to flooding or fire with the need to compensate for losses at the landlord’s expense (if the tenant is not officially employed and does not have any property, even going to court will not help return the funds spent on compensating the losses to neighbors);
- the tenant may violate the rules of living in tenement house, disturbing the rest of the neighbors with constant noise (it is necessary to stipulate this issue in advance);
- the tenant can rent a house for rent, which will lead to much faster damage to repairs and property (the absence of such a right from the tenant must be prescribed in the contract).
For many Russians, especially those of retirement age, renting an apartment is a stable source additional earnings. Therefore, many are worried about the question: is it possible to rent an un privatized apartment legally and how to arrange relations for renting an apartment?
According to the Housing Code of the Russian Federation and applicable laws and regulations, non-privatized housing is the property of the state. People living and registered in a non-privatized apartment are tenants, but they are not homeowners. Therefore, before renting an apartment, it is necessary to obtain the written consent of the owner, that is, the consent to manage the property of the municipal district, the city where the property is located.
To obtain consent, it is necessary to send a standard type application to the head of the department asking for permission to rent the apartment. This statement must be signed by all tenants included in the issued apartment warrant or social contract of employment, and signatures of future tenants are also required.
Within 10 days, the future landlord must obtain consent from the management of the property on the basement of the municipal non-privatized apartment, or receive a reasoned refusal. After obtaining consent for the rental of the apartment, the tenant must in writing conclude a lease agreement for the premises. It is worth recalling in this case when concluding the contract, the tenant does not acquire the right of an independent user of housing, the tenant still remains responsible to the landlord.
The term for concluding the contract is determined by the parties to the lease agreement and is fixed in the contract. If the contract does not specify a period, the contract is considered concluded for a year. The procedure, conditions, terms and amount of payment for rented housing are established by agreement of the parties in the lease agreement for the rented apartment.
According to Article 674 of the Civil Code Russian Federation, tenancy agreement(apartments, rooms in a communal apartment, cottages, houses) should be in simple writing.Notarial certification is not required.
In this case, instead of a lease agreement, a lease agreement is concluded and the tenant is already called a tenant. If you rent a non-privatized apartment, be sure to require the owners to conclude a lease agreement, it is in your interests! Remember that if the lease agreement is concluded correctly, the owner can evict you ahead of schedule only in judicial procedure (the police will not do this), even if you stop paying.
The contract will need to indicate all the characteristics of the rented apartment (address, area, etc.). It is also necessary to draw up an act of acceptance and transfer, which will indicate in what condition the transferred apartment is.
The contract for the rental of a dwelling (if a non-privatized apartment is rented) should indicate: last name, first name, patronymic of the landlord and tenant, their passport details, and the lease term for the apartment. You must also indicate the right of the landlord to visit the apartment in order to check its condition, the obligation or the right of the tenant to conduct or not maintenance, the procedure for making rent and who will pay utility bills.
The contract must provide for the method and amount of payment. The person who rents the apartment must guarantee at the time of signing the contract: that the apartment is not leased, not mortgaged, free from third party claims. And the employer is obliged to use the housing only for living, to ensure its safety and maintain in good condition.
Everyone knows that the non-privatized apartment belongs to the city, but few landlords care about getting the written consent of the representative of the municipality and everyone who is registered in the apartment to rent out the property. It is this paper that is fundamental. Without the permission of the municipality, anyone registered in the apartment may prohibit the tenant from living in it. Fraud can be built on this nuance: two are registered, one surrendered and left, and the other has nowhere to live, and he requires your eviction. But there are also cases of unintentional deception, when disagreements in the family (the wife has passed and the husband is against) force the employer to leave the apartment in which he lived only a few months, or even weeks. And even if the landlord returns the money, you still have to look for another area, move, lose time and money.
Therefore, it is necessary to find out whether the apartment or room is owned by the landlord. And if it is not privatized, it is necessary to require the written permission of all the people registered in the apartment. And for hiring a room in a communal apartment, it is useful to enlist the support of neighbors: if they are against it, it is better not to conclude an agreement and refuse this option.
If you are the owner of a municipal apartment, then at some point you may be faced with the question of renting out your home. Many people have encountered this problem, and they want to find out if it is possible to rent a municipal apartment. If everything is done according to the Law, then the owner of the apartment will only be “threatened” with profit and improvement of his material condition.
The tenant of the municipal apartment has the right to lease out his apartment or part of it. However, there must be the consent of all, without exception, family members who live with him. A sub-contract provided under a social contract of employment is concluded provided that after its conclusion total area of this living space will amount to at least one resident according to the accounting norm.
A sub-contract is concluded in writing, and then it is registered with the Housing Office. The agreement shall indicate the time and place of conclusion, last name, first name, middle name of the sub-tenant and the tenant, what property is in the apartment at that time and the amount of the payment for accommodation. The sub-tenant does not have an independent right to use the apartment.
Legislators in the fall of 2013 in the second reading adopted a bill on non-profit housing rental. It is assumed that the approval of these standards will be able to solve the housing problem for many Russians.
The authors of the bill advise citizens who need to improve their living conditions to resort to non-profit housing rental, which is at the disposal of the city or municipality. It is planned that the monthly fee for such housing will be relatively low - from 8 to 15 thousand rubles per month, depending on the size of the property.
In order for the family to take part in this program, you need to prove that members of this family are not given the opportunity to purchase real estate or take it in a mortgage. In addition, starting to rent housing from the state, the tenant loses his place in the queue for improving housing conditions. In addition, the tenant has no right to retake or change the apartment. The creators intend to apply penalties to violators of the rules. Now minimum term hiring is equal to one year.
Social recruitment mechanism
Firstly, the norms of social rental contracts are regulated by regional laws. The main thing is set forth in the Housing Code of the Russian Federation, but regional authorities may amend them if they do not contradict federal requirements.
Social is called housing, which belongs to the state or municipality and is provided by them to citizens under a perpetual social contract of employment.
In order to get social square meters, you need to meet the requirements, be able to document your rights to improve housing conditions and be patient.
In Moscow, only the poor have the right to make demands for social housing, and in St. Petersburg also large families with three or more children, veterans of the Great Patriotic War or military operations, invalids, Heroes Soviet Unionrehabilitated indigenous Leningraders who lost their homes during the repression.
Applicants for housing on social hiring need to collect documents:
Application according to the established model (the document is published on the website of the Department of Housing Policy and Housing Fund of Moscow);
Passport of the applicant and his family members over 14 years of age and birth certificates of children;
TIN of each adult family member;
Documents that determine the composition of the family (certificates of marriage, birth of children);
A single housing document for the apartment where the applicant lives;
Documents confirming the types and size of the total family income (first of all, 2-personal income tax certificates, as well as work books; the full list of income documents contains more than 20 points and covers all possible sources of income from scholarships to share income);
Documents confirming the ownership of family members of property subject to taxation, except for premises suitable for living (property rights to land plot, cottage, garage, vehicle etc.).
Registered in Moscow as those in need of social housing are low-income citizens Of the Russian Federation, having a period of residence in Moscow for a total of at least 10 years and not worsening their living conditions over the last 5 years. Samples of documents required for registration are posted on the website of the Department of Housing Policy and Housing Fund of Moscow.
The main conditions for a family to be recognized as requiring housing are one of the following situations:
1. The area of \u200b\u200bthe dwelling for each family member is less than the accounting norm (in Moscow, the norm is 10 square meters per person in a separate apartment and 15 square meters in a communal apartment; in St. Petersburg - 9 square meters);
It should be borne in mind that when finding the area, the area of \u200b\u200bthe housing owned by each of the persons listed in the application for registration is added on.
2. The family lives in dilapidated and irreparable housing;
3. In a communal apartment, a tenant who is seriously ill in a chronic form lives;
4. The house lacks at least one of the vital amenities (electricity, water supply, sewage, heating, bath or shower, gas or electric stove, hot water supply or geyser);
5. Family members have housing, are not its owners, but have the right to live in Moscow and can prove it;
Social housing rental rates
The sizes of housing that are provided under a social contract of employment vary from region to region.
In Moscow, the norm for the family:
From one person - a one-room apartment with an area of \u200b\u200bup to 36 square meters. meters;
Of the 2 people - spouses - one-room apartment ranging in size from 36 to 44 square meters. meters;
Of the 2 non-spouses, one-bedroom apartment ranging in size from 36 to 50 square meters. meters;
Of 3 people - a two-room apartment ranging from 54 to 62 square meters. meters;
Of 3 people, among whom there are no spouses - a three-room apartment with an area of \u200b\u200b54 to 74 square meters. meters;
Of the four or more people - a footage of 18 square meters. meters per person.
To provide additional area when providing housing, citizens with certain diseases are entitled.
Responsibilities and rights of residents of social tenancy apartments
Social housing cannot be sold, donated or inherited. The tenant must pay the apartment and utilities on time. If the tenant wants to make a redevelopment, then it will need to be agreed with the owner - the city.
In order to receive registration in an apartment occupied by social security, you must obtain the consent of the city. The municipality has the right to refuse registration if less than 10 square meters per person. meters - this is considered a deterioration in the living conditions of the remaining tenants. But the employer can register minor children.
The proposed scheme of the process of renting social housing is not the most affordable way to the desired square meters. It can be expected that new bills will make social housing more accessible, and the process of collecting documents easier.
So, you decided to rent an apartment. Do you want to avoid disagreements with neighbors, problems with utilities and build relations with your employer as transparent as possible.
We must say right away that this article is devoted specifically renting an apartment. If you are interested in renting or an individual, then we suggest you familiarize yourself with the relevant articles.
What are the apartments?
When considering renting apartments, we consider it necessary to divide the apartments into
- privatized and
- non-privatized (municipal).
Features of renting a privatized apartment
Here it will go about renting an apartment that is in your property.
The right of a citizen to dispose of his property is enshrined in law ( section 2, Art. 35 of the Constitution of the Russian Federation, paragraph 2 of article 209 of the Civil Code) Therefore, it is only up to you to decide on whom, on what terms and for what price to rent your own apartment.
This applies to all other owners. Therefore, we draw your attention to the fact that if you are not the sole owner of the apartment, then the conclusion of the contract will require consent of other owners apartments. In this case, we can offer you the following options:
- Checkout power of attorney one of the owners that the others trust him to conclude a contract of employment, in which case one of the owners will act as a lessor under the contract;
- In the contract, indicate all the owners as landlords.
No other agreement, except with the rest of the owners, is required.
Features of renting a municipal apartment
Non-privatized (municipal) apartment not your property. But according to p. 2 p.1 Art. 67 LCD RF, you have the right to rent your accommodation in raise. However, in accordance with clause 1, Article 685 of the Civil Code of the Russian Federation it is possible to lease premises under a lease agreement only with the consent of the landlord, so you still have to go through an additional stage of approval.
The landlord of a non-privatized apartment may be different: prefecture, municipality or other authority . You can find the answer to the question of who is your employer in employment contracton the basis of which you yourself live in an apartment.
The landlord should submit a written request for permission to enter into lease agreements. This appeal should also contain the consent of all members of your family living with you.
If you receive a positive response (and such a response must also be provided in writing), you can conclude a lease agreement.
Notification of the Curious
Relations with neighbors
From the legal point of view, what you are doing with your own apartment or, moreover, your own apartment does not apply. Of course, if your tenants do not inconvenience their neighbors, violating their legal rights. Everything regarding liability for disturbing public order, we advise include in contract.
If the tenants are decent, do not litter and do not disturb anyone’s peace, then you are not obliged to give any explanations who currently lives in your apartment, what they are doing, etc. Of course, it all depends on your relationship with your neighbors. You can also ask them to “look after” the apartment for the first time: are there noisy parties, etc.
By no means do we call for spying on residents, recording every step they take, it would be unethical. If you do not trust the employer so much, it is better to refuse the transaction altogether and look for a person who is more reliable from your point of view.
HOA and cooperatives
Who else might be interested in your rental business? Currently, both apartment owners and tenants of municipal housing are working quite closely with HOAs and cooperatives.
Usually, the relationship between the adequate tenant and the responsible representative of the HOA / cooperative is normal. But as with the neighbors, you are not required to provide any information about your employers.
The only exception: if the cost of any utilities you calculated on the basis of the number of people living in the apartment, you must inform the number of your tenants. But you do not have an obligation to provide their data.
Moreover, let's not forget about the federal law Of the Russian Federation of July 27, 2006 No. 152-FZ “About personal data“From which it can be concluded that you do not have the right to provide someone with the data of your employers.
If you maintain a trusting relationship with your HOA / cooperative, we can advise you to notify them that you are renting an apartment, leave contact number phone and ask to contact you immediately in case of any conflict.
We rent an apartment “with giblets”
It is unlikely that you will rent an apartment in which there is absolutely no furniture, plumbing, lighting and other property. As a rule, in any apartment there is at least a minimum set of items necessary for everyday life.
How to secure the property left “to be torn to pieces” by the tenant? In the article about, we have already touched on this issue. But if you are reading this article, we hope you nevertheless decided to arrange the rental of apartments properly and conclude an agreement. Therefore, we will say a few more words about the property in the rented apartment.
As an application, you can add an employment contract acceptance certificate all property located in it. This document should list all property, if possible so that it can be easily identified: which TV, cabinet, etc. If the property already has some kind of damage, then this fact is also reflected in the act - but this, most likely, will already be the requirement of your employer.
Utilities in the rented apartment
We have already drawn your attention to the fact that if the cost of any utility services depends on the number of people living in the apartment, you must notify the organization that calculates these utility payments. This can be either a HOA / cooperative, or the company itself that provides services.
As for utility services in general, in accordance with art. 678 of the Civil Code, the employer must pay for them (that is, your tenant). You can consolidate this obligation in the contract for you too - it all depends on the agreements reached. However, we draw your attention to the fact that even if the obligation to pay utility bills is assigned to the tenant, claims for non-payment will be brought to you, as under an agreement with a service company, you continue to bear obligations.
Situation monitoring
As we said, informally you can ask your neighbors or a HOA / cooperative representative to keep an eye on new residents and let you know if there are problems. But it is always more reliable to monitor your property yourself. Note that the tenant officially living in the apartment acquires the right to inviolability of the home. This right is guaranteed to us by the entire Constitution and the Housing Code. Therefore, if you simply come without demand, especially in the absence of a tenant, this will most likely “not make him happy”.
What to do, how, without violating anyone's interests, spend your apartment?
You can agree in advance with the employer the time and frequency of such inspections, and fix this in the contract. For example, monthly at the time of rent.
The term “social hiring” was probably heard by many of us, but few thought about its meaning. The concept has no exact and concise definition. Generally speaking, hiring is a type of contract whose purpose is to satisfy the tenant's housing needs.
There are two types of such agreements - commercial and social. The main difference is legislative framework, on which lawyers rely when drawing up a contract. Commercial hiring is regulated by civil law, and social housing code of the Russian Federation. Let us dwell on the latter.
Who can hire
The owner of the apartments provided for social rent is a state or municipal housing fund. According to the conditions established in article 60 of the LCD, the owner agrees to transfer the apartment to the tenant, that is, to a citizen of the Russian Federation for unlimited use. The document (contract) is signed by both parties.
Usually on behalf of the owner acts (signs a contract) Property Management - a self-government body related to the local administration.
The tenant is exclusively a citizen of the Russian Federation, who belongs to the category of the poor, registered and recognized as needing housing.
Social recruitment programs in Moscow
The capital is one of the few regions where free housing is still provided to citizens standing in line for it.
Two categories of waiting lists are eligible for an apartment: 
- people who got up before March 1, 2005 - the list includes not poor residents of Moscow, since the LCD then did not require recognition of the waiting list as low-income;
- and citizens registered after this date - the list contains people recognized by the Office social protectionlike the poor.
To get into the queue for free housing, the family needs to be classified as poor. The relevant certificate is issued by the Social Security Administration. This document should be contacted by the district office of residence.
Social hiring is provided exclusively in order of priority. First of all, housing is received by veterans of the Second World War, children left orphans, people with disabilities (or patients with severe chronic ailments), immigrants from dilapidated houses.
For one person relies 18 square meters. meters of living space. But in fact, in Moscow, one person is given one-room apartment area up to 36 square meters. meters (smaller apartments of this type are not currently being built). The fee is up to 1.8 rubles per square meter. It is forbidden to inherit or sell the premises. All redevelopments in the apartment are made only by agreement with the city administration.
How to evaluate the cost of an apartment?
An economical do-it-yourself foundation for a private home
Duplex apartment - what is it in construction?
How to live with credit debts if all the money is spent on them?
What does the family spend money on?