The institution of monetary compensation for the rental of residential premises, as a form of housing provision for military personnel, persons discharged from military service and members of their families, expressed in monetary form, has existed since time immemorial. However, the grounds, payment rules and calculation procedures are constantly changing.
According to the previous Government Resolution, the amount of monetary compensation for renting housing did not depend on the category of military personnel or military rank, and was equal to 15,000 rubles in the capitals - Moscow and St. Petersburg, 3,600 rubles - if a serviceman rented housing in populated areas - cities, or in administrative district centers, and 2,700 rubles – in other populated areas.
(Resolution of the Government of the Russian Federation of December 31, 2004 N 909 “On the procedure for paying monetary compensation for renting (subletting) residential premises to military personnel - citizens of the Russian Federation performing military service under a contract, citizens of the Russian Federation dismissed from military service, and members of their families ").
In the new version of the Resolution (since 2015), the amount of compensation for renting residential premises began to depend on the category of military personnel. If a serviceman has the military rank of soldier, sergeant, sailor or sergeant major, then he receives the same monetary compensation as in the “old” Resolution. That is, no changes have occurred for them, and, given that these amounts were established back in 2004, they lag significantly behind the real market prices for rental housing.
If a serviceman has the military rank of officer, warrant officer or midshipman, then compensation is paid in the amount of actual expenses, but not higher than the amounts determined based on the standard for the total area of living quarters established in accordance with paragraph three of this paragraph, and the maximum cost of hiring (sublease) 1 sq. meters of total living space, annually approved by the Ministry of Labor and Social Protection of the Russian Federation in accordance with Decree of the Government of the Russian Federation of October 27, 2012 No. 1103.
The standard for the total area of living space for calculating the amount of monetary compensation is set as follows: 24 square meters. meters - for a serviceman living alone or a citizen discharged from military service; 36 sq. meters - for a family of 2 people; 43 sq. meters - for a family of 3 people; 12 sq. meters - for each family member if the family size is 4 people or more.
The new resolution provides that monetary compensation is paid on the basis of a rental or sublease agreement concluded in writing. In general, such a rule existed before, but unofficially , that is, it was not enshrined in law.
Monetary compensation is paid from the date of conclusion of the rental (sublease) agreement for residential premises, but not earlier than the day military personnel are included in the lists for the provision of residential premises of a specialized housing stock, since only a military serviceman who is recognized in the prescribed manner as needing to receive service residential premises can apply for compensation. .
For anyone interested in this topic, a complete cheat sheet has been prepared.
In the Hiring section on the information and housing website for military personnel ruzo.rf, a series of articles, sample documents, and calculators on this issue have been prepared. In essence, this is a Complete Directory - Encyclopedia of monetary compensation for renting (subletting) residential premises for military personnel and members of their families, those who have already been discharged from military service, and members of their families: Rights to compensation, conditions for receiving, list of necessary documents, sample documents , calculation calculators, separately for soldiers and for officers, grounds for termination of payment - all this can be viewed in the Hiring section of the Ruzho.rf website
How to prepare documents for sublease of housing
When a military man independently looks for an apartment for himself and his family, he needs to know about some aspects of the issue:
- It is necessary to check an extract from the house register made no more than a month ago.
- If among the owners of the chosen housing there are children under 18 years of age, you will have to take the consent of the guardianship and trusteeship authorities before signing the sublease agreement.
- If the living space is rented from the owner, you need to carefully check the documents evidencing ownership. If an apartment is rented out on the basis of a power of attorney, it is necessary to check its validity period and compliance with legal requirements.
- It is advisable to obtain a receipt from the owner of the property for payment of the deposit or advance payment, so the serviceman will have an additional guarantee.
If something is not taken into account, and in the future a dispute arises regarding the legality of concluding a lease agreement, the court will declare the agreement invalid, and compensation for sub-renting housing to military personnel in 2021 will not be accrued.
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.
Alternative to a tenancy agreement
As soon as alternative housing becomes available for the serviceman and his family to live in, the lease agreement must be terminated and the serviceman can move to a government apartment, the area of which will meet regulatory requirements.
Often, an officer and his family continue to live in a government-owned apartment even after completing his military service, since it is impossible to find another living space as a permanent place of residence - not every municipality has a budget that allows them to provide contract employees with official housing.
