Article 683 of the Civil Code of the Russian Federation. Term in the residential lease agreement (current version)

Commercial rental agreement for residential premises

The concept of a residential lease agreement is enshrined in Article 671 of the Civil Code of the Russian Federation; it is common to any hired relationship. The CN agreement is a bilaterally binding, compensated, consensual agreement, that is, it has characteristics similar to the CN agreement.

The subject of the agreement (Article 673 of the Civil Code of the Russian Federation does not speak about the subject of the DKN, but about the object) is an isolated and suitable for permanent residence residential premises (apartment, residential building, part of an apartment or residential building) Does not agree with Articles 15, 16 of the Housing Code of the Russian Federation (separately There is no point in emphasizing its suitability and isolation, Article 15 of the RF Housing Code, they are the defining features for residential premises, the fate of the room is not clear)

The Civil Code of the Russian Federation does not contain requirements for the size and level of amenities of residential premises in comparison with the requirements for residential premises provided under a social tenancy agreement.

The subject compositions of the two agreements have significant differences. The lessor under the CN agreement can be individuals, legal entities, public entities!!! The employer can be a citizen; for legal entities there is a ban on possible participation as an employer in the CN agreement. Unlike the CN, there is no prohibition for foreigners and stateless persons to act as employers under a CN agreement.

According to the Civil Code of the Russian Federation, it is possible to replace both the lessor and the tenant:

According to Article 675, the transfer of ownership of residential premises does not entail the termination or modification of the rental agreement for residential premises; the new owner becomes a lessor on the terms of the previously concluded agreement.

According to Article 686 of the Civil Code of the Russian Federation, at the request of the tenant and other citizens permanently residing with him (we assume that we are talking about their consent) and with the consent of the landlord, the tenant in the rental agreement for residential premises can be replaced by one of the adult (preferably capable) citizens permanently residing with employer. In addition, is replacement necessary in the event of the death of the tenant or his departure from the residential premises, in which case one of the adults becomes the tenant? citizens permanently residing with him, by common agreement between them. If such agreement is not reached, they all become co-tenants.

In addition to the tenant, other citizens can permanently reside in the residential premises; the legislator does not use the concept “family member” in relation to them. Perhaps emphasizing the wider range of possible participants in this relationship. Unlike members of the tenant's family, they have equal rights with the tenant to use the residential premises, but only the tenant is responsible under the contract to the landlord. (not all theorists approve of this design, since these citizens are practically equated to temporary residents) However, this rule can be changed by an agreement between these citizens and the employer, which will establish their joint liability. In this case, these persons acquire the status of co-tenants, which is reported to the landlord. It may be better to establish the need to obtain the consent of the lessor for such a change in the subject composition of the contract.

According to Article 677 of the Civil Code of the Russian Federation, citizens permanently residing with the tenant must be indicated in the contract; in the absence of such instructions, their accommodation is carried out according to special rules enshrined in Article 679 of the Civil Code of the Russian Federation with the consent of the tenant, citizens permanently residing with him and the permission of the landlord. In addition, it is necessary to comply with the norm of the total area per person. (it is not clear what norm we are talking about) The exception is for new children, whose placement does not require such consent and compliance with standards.

The form of the agreement is simple, written; non-compliance does not entail the invalidity of the agreement. Emphasize the meaning of the form

A restriction (encumbrance) on the right of ownership of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least a year is subject to state registration in the manner established by the law on registration of rights to real estate and transactions with it.

The rights and responsibilities of the parties practically coincide with the rights and responsibilities of the tenant and the lessor under the CH agreement and depend on the term of the agreement. The only significant difference is that the tenant does not have administrative rights: exchange, replacement of living space, combining rooms under one contract, privatization.

Unlike the SN agreement, the CN agreement is concluded with the establishment of a certain period, which cannot exceed five years. If the term is not specified in the contract, the contract is considered to be concluded for 5 years. According to the term, the legislator distinguishes short-term contracts up to 1 year and long-term contracts from 1 to 5 years. The difference between these types of contracts is the scope of the rights of the tenant. So, under a short-term contract in accordance with Art. 683 of the Civil Code of the Russian Federation, the tenant does not have the preemptive right to conclude an agreement for a new term, cannot move in temporary tenants, replace the tenant, indicate in the agreement the citizens who permanently reside with him, enter into a sublease agreement, and if the agreement is terminated in court on the initiative of the tenant, the court cannot establish in relation to such a tenant a period for eliminating violations or deferring the execution of a court decision on termination of the contract and eviction. But all these prohibitions are of a discretionary nature; the contract may provide otherwise.

If the contractual relationship is urgent, it is necessary to ensure stability of use by the permanent resident. Such a legal instrument is the employer's preemptive right to conclude a new contract. Upon expiration of the contract, the tenant has a pre-emptive right to conclude a residential lease agreement for a new term. No later than 3 months before the expiration of the contract, the landlord must offer the tenant to conclude a new contract or inform the tenant of the refusal to renew the contract. If the lessor has not fulfilled this obligation, the contract is considered extended on the same terms for the same period. However, the legislator does not make this possibility dependent on the good faith of the employer.

If the landlord refuses to extend the contract due to the decision not to rent out the premises, but within a year from the date of expiration of the contract, he has entered into a rental contract for residential premises with another person, the tenant has the right to demand that such contract be declared invalid and (or) compensation for losses (unlike similar provisions governing the lease agreement; in this case, there is no requirement to transfer rights and obligations to oneself)

Unlike the SN agreement, where a tariff system is in effect, the amount and procedure for making payments for residential premises under a commercial rental agreement for residential premises is established by the parties. Unilateral changes in the amount of payment are not allowed except for cases provided for by law or agreement (Article 682 of the Civil Code of the Russian Federation).

The payment deadlines are also established in the contract; in the absence of such a condition, the payment is made monthly in the manner prescribed by the Housing Code of the Russian Federation, that is, no later than the 10th day of the month following the previous one.

The responsibility to pay for utilities lies with the tenant, unless otherwise provided by the contract.

The grounds and procedure for termination of the contract are regulated in Art. Art. 687, 688 Civil Code of the Russian Federation. The legislator provides several options for terminating the contract:

Civil Code of the Russian Federation Part 2

CHAPTER 35. RENTING RESIDENTIAL PREMISES

Article 671. Residential rental agreement

1. Under a rental agreement for residential premises, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.

. Legal entities may be provided with possession and (or) use of residential premises on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens.

Article 672. Lease agreement for residential premises in a social housing stock

(as amended by Federal Law dated July 21, 2014 N 217-FZ)

1. In the state and municipal housing stock for social use, residential premises are provided to citizens under a contract for the social rental of residential premises, under a contract for the rental of residential premises for a housing fund for social use. (as amended by Federal Law dated July 21, 2014 N 217-FZ)

. Members of his family living under a social tenancy agreement with the tenant enjoy all rights and bear all obligations under the tenancy agreement on an equal basis with the tenant.

At the request of the employer and his family members, the contract may be concluded with one of the family members. In the event of the death of the tenant or his departure from the residential premises, the contract is concluded with one of the family members living in the residential premises.

. A social tenancy agreement for residential premises is concluded on the grounds, conditions and in the manner prescribed by housing legislation. The rules of Articles 674, 675, 678, 680, paragraphs 1 - 3 of Article 685 of this Code apply to such an agreement. (as amended by Federal Law dated December 29, 2004 N 189-FZ)

Other provisions of this Code apply to a social rental agreement for residential premises, unless otherwise provided by housing legislation.

4. A rental agreement for residential premises of a social housing stock is concluded on the grounds, on the terms and in the manner provided for by housing legislation. The rules of parts one and two of Article 678, paragraph 3 of Article 681 and Article 686 of this Code apply to such an agreement. Other provisions of this Code apply to the lease agreement for residential premises of a social housing stock, unless otherwise provided by housing legislation. (Clause 4 introduced by Federal Law dated July 21, 2014 N 217-FZ)

Article 673. Object of a residential lease agreement

1. The object of a residential lease agreement may be an isolated residential premises suitable for permanent residence (apartment, residential building, part of an apartment or residential building).

The suitability of residential premises for living is determined in the manner prescribed by housing legislation.

2. The tenant of residential premises in an apartment building, along with the use of residential premises, has the right to use the property specified in Article 290 of this Code.

Article 674. Form of a residential lease agreement

1. The rental agreement for residential premises is concluded in writing.

2. A restriction (encumbrance) on the right of ownership of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least a year is subject to state registration in the manner established by the law on the registration of rights to real estate and transactions with it. (Clause 2 introduced by Federal Law dated July 21, 2014 N 217-FZ)

Article 675. Preservation of a residential lease agreement upon transfer of ownership of residential premises

The transfer of ownership of residential premises occupied under a lease agreement does not entail termination or modification of the residential premises lease agreement. In this case, the new owner becomes a lessor under the terms of the previously concluded rental agreement.

Article 676. Obligations of the landlord of residential premises

1. The landlord is obliged to hand over to the tenant vacant residential premises in a condition suitable for habitation.

2. The lessor is obliged to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for providing utilities located in the residential premises.

Article 677. Employer and citizens permanently residing with him

1. Only a citizen can be a tenant under a residential lease agreement.

. The contract must indicate citizens permanently residing in the residential premises with the tenant. In the absence of such instructions in the contract, the accommodation of these citizens is carried out in accordance with the rules of Article 679 of this Code.

Citizens who permanently live with the tenant have equal rights to use residential premises. The relationship between the employer and such citizens is determined by law.

. The tenant is responsible to the landlord for the actions of citizens permanently residing with him who violate the terms of the rental agreement.

. Citizens permanently residing with the tenant may, after notifying the landlord, enter into an agreement with the tenant that all citizens permanently residing in the residential premises are jointly and severally liable with the tenant to the landlord. In this case, such citizens are co-tenants.

Article 678. Obligations of the tenant of residential premises

The tenant is obliged to use the residential premises only for living, ensure the safety of the residential premises and maintain it in proper condition.

The tenant does not have the right to carry out reconstruction and reconstruction of residential premises without the consent of the landlord.

The tenant is obliged to pay rent for the premises on time. Unless otherwise specified in the contract, the tenant is obliged to make utility payments independently.

Article 679. Move-in of citizens permanently residing with the tenant

With the consent of the landlord, tenant and citizens permanently residing with him, other citizens may be moved into the residential premises as permanent residents of the tenant. When moving in minor children, such consent is not required.

Move-in is permitted subject to compliance with the requirements of the law on the norm of the total area of ​​living space per person, except in the case of the move-in of minor children. (as amended by Federal Law dated December 29, 2004 N 189-FZ)

Article 680. Temporary residents

The tenant and citizens permanently residing with him, by common agreement and with prior notice to the landlord, have the right to allow temporary residents (users) to live in residential premises free of charge. The landlord may prohibit temporary residents from staying if they fail to comply with the legal requirements regarding the norm of the total area of ​​living space per person. The period of stay of temporary residents cannot exceed six months. (as amended by Federal Law dated December 29, 2004 N 189-FZ)

Temporary residents do not have independent rights to use residential premises. The tenant is responsible for their actions to the landlord.

Temporary residents are required to vacate the residential premises upon expiration of the period of residence agreed upon with them, and if the period is not agreed upon, no later than seven days from the date of presentation of the corresponding demand by the tenant or any citizen permanently residing with him.

Article 681. Repair of rented residential premises

1. Routine repairs of rented residential premises are the responsibility of the tenant, unless otherwise provided by the rental agreement for residential premises.

. Major repairs of rented residential premises are the responsibility of the landlord, unless otherwise provided by the rental agreement.

. Re-equipment of a residential building in which rented residential premises are located, if such re-equipment significantly changes the conditions of use of the residential premises, is not permitted without the consent of the tenant.

Article 682. Payment for residential premises

1. The amount of payment for residential premises is established by agreement of the parties in the rental agreement for residential premises. If, in accordance with the law, a maximum amount of payment for residential premises is established, the payment established in the contract should not exceed this amount.

. Unilateral changes in the amount of payment for residential premises are not permitted, except in cases provided for by law or agreement.

. Payment for residential premises must be paid by the tenant within the time limits stipulated in the rental agreement for residential premises. If the contract does not provide for deadlines, the payment must be paid by the tenant monthly in the manner established by the Housing Code of the Russian Federation.

Article 683. Term in a residential lease agreement

1. A residential lease agreement is concluded for a period not exceeding five years. If the contract does not specify a term, the contract is considered to be concluded for five years.

. The rules provided for in paragraph 2 of Article 677, Articles 680, 684 - 686, and paragraph four of paragraph 2 of Article 687 of this Code are not applied to a residential rental agreement concluded for a period of up to one year (short-term rental), unless otherwise provided by the agreement.

Article 684. Preemptive right of the tenant to conclude an agreement for a new term

Upon expiration of the residential lease agreement, the tenant has a pre-emptive right to conclude a residential lease agreement for a new term.

No later than three months before the expiration of the residential lease agreement, the landlord must offer the tenant to conclude an agreement on the same or different terms or warn the tenant about the refusal to renew the contract due to the decision not to rent out the residential premises for at least a year. If the landlord has not fulfilled this obligation and the tenant has not refused to extend the contract, the contract is considered extended under the same conditions and for the same period.

When agreeing on the terms of the contract, the tenant does not have the right to demand an increase in the number of persons permanently residing with him under the residential lease agreement.

If the landlord refused to extend the contract due to the decision not to rent out the premises, but within a year from the date of expiration of the contract with the tenant entered into a rental contract for residential premises with another person, the tenant has the right to demand recognition of such an agreement as invalid and (or) compensation for losses caused refusal to renew the contract with him.

Article 685. Subletting of residential premises

1. Under a residential sublease agreement, the tenant, with the consent of the lessor, transfers for a period of time part or all of the premises he has rented for use to the subtenant. The subtenant does not acquire independent rights to use the residential premises. The tenant remains liable to the landlord under the residential lease agreement.

2. A sublease agreement for residential premises can be concluded subject to compliance with the requirements of the law on the norm of the total area of ​​​​living premises per person. (as amended by Federal Law dated December 29, 2004 N 189-FZ)

3. The sublease agreement for residential premises is paid.

4. The term of the residential sublease agreement cannot exceed the term of the residential rental agreement.

5. In case of early termination of a residential tenancy agreement, the sublease agreement for residential premises is terminated simultaneously.

6. The rules on the preemptive right to conclude an agreement for a new term do not apply to a residential sublease agreement.

Article 686. Replacement of a tenant in a residential lease agreement

1. At the request of the tenant and other citizens permanently residing with him, and with the consent of the landlord, the tenant in the rental agreement for residential premises may be replaced by one of the adult citizens permanently residing with the tenant.

2. In the event of the death of the tenant or his departure from the residential premises, the contract continues to be valid on the same terms, and the tenant becomes one of the citizens permanently residing with the previous tenant, by common agreement between them. If such agreement is not reached, all citizens permanently residing in the residential premises become co-tenants.

Article 687. Termination of a residential lease agreement

1. The tenant of a residential premises has the right, with the consent of other citizens permanently residing with him, to terminate the rental agreement at any time with a written warning to the landlord three months in advance.

. A residential rental agreement may be terminated in court at the request of the landlord in the following cases:

failure by the tenant to pay for the residential premises for six months, unless a longer period is established by the contract, and in case of short-term rental, in case of failure to pay the payment more than twice after the expiration of the payment period established by the contract;

destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible.

By a court decision, the tenant may be given a period of no more than a year to eliminate the violations that served as the basis for terminating the rental agreement. If, within the period determined by the court, the tenant does not eliminate the violations or does not take all necessary measures to eliminate them, the court, upon repeated application by the landlord, makes a decision to terminate the rental agreement. In this case, at the request of the employer, the court in the decision to terminate the contract may postpone the execution of the decision for a period of no more than a year.

. A residential rental agreement may be terminated in court at the request of any of the parties to the agreement:

if the premises cease to be suitable for permanent residence, as well as in the event of an emergency;

in other cases provided for by housing legislation.

. If the tenant of a residential premises or other citizens for whose actions he is responsible use the residential premises for other purposes or systematically violate the rights and interests of neighbors, the landlord may warn the tenant about the need to eliminate the violation.

If the tenant or other citizens for whose actions he is responsible continue to use the residential premises for other purposes after warning or violate the rights and interests of neighbors, the landlord has the right to terminate the rental agreement in court. In this case, the rules provided for in paragraph four of paragraph 2 of this article apply.

Article 688. Consequences of termination of a residential lease agreement

In the event of termination of a residential tenancy agreement, the tenant and other citizens living in the residential premises at the time of termination of the contract are subject to eviction from the residential premises based on a court decision.