The most important issue in ensuring social guarantees for military personnel is housing provision for military personnel and members of their families. Service housing is a place of residence that is issued for the use of a military personnel and his family for a certain period while he is serving. Our military personnel are the category of citizens who perform various tasks to ensure the security of the state. Therefore, the state, in turn, took upon itself the obligation to provide this category of citizens with housing during their service.
In what case can a military man use rental housing?
Persons liable for military service have the right to compensation for renting premises if the commander of a unit (unit) is unable to provide his subordinate with official housing (what is the procedure for drawing up, concluding and terminating a rental agreement for official residential premises?). Officers are forced to enter into lease agreements with apartment owners who rent them out.
This is legally provided for by the following regulations:
- Article 2 of Federal Law 76 of 1998 “On the status of military personnel”;
- by resolution No. 909 of 2004 and No. 989 of 2015;
- by order No. 235 of 2005;
- by order No. 1280 of 2010;
- by order No. 303 of 2000;
- by order No. 157n of 2010.
Parties to the rental and sublease agreement
If a serviceman, in the case of renting residential premises, intends to reimburse part of the money spent at the expense of the state, he needs to enter into an official agreement. Executed between the owner and the tenant. Legal entities, individuals and municipal authorities can act as the owner.
The definition of lease or lease is located in the Civil Code (Chapter 34 and accordingly): under a lease (property lease) agreement, the lessor (lessor) undertakes to provide the lessee (tenant) with property for a fee for temporary possession and use.
When the residential premises belong to the city, the tenant, on the basis of a social tenancy agreement and with the written consent of the landlord (the relevant government bodies), enters into a sublease agreement with the tenant.
Read about who the lodger, tenant and tenant are, what rights and responsibilities they have, here.
Who has the right to receive departmental real estate
Military citizens who have entered into a contract with the military department can receive departmental housing for the entire period of service. The following may apply for allocation of living space:
- officers, as well as warrant officers, who entered into a contract before 1998;
- citizens who received rank and assignment to service after graduating from professional military educational institutions;
- military personnel with the status of officers who entered into contracts in 1998 and later;
- sergeants, warrant officers, sailors who entered into contracts later than 1998;
- military citizens participating in the savings-mortgage system (NIS) before receiving real estate for living;
- military personnel who serve in closed military camps.
This list is exhaustive. The rest of the military personnel (conscripts, foreigners, military personnel who own living space) who are not included in the list of persons who are entitled to official housing cannot apply for allocation.
Conditions and benefits for renting residential premises
Main conditions:
- the owner has ownership rights to the apartment;
- so that no minor children are registered in the apartment, since the consent of the guardianship authorities is required to conclude an agreement.
The amount paid will not cover all the funds spent, since the Ministry of Defense of the Russian Federation sets it based on the region of residence.
- In Moscow and St. Petersburg it is 15 thousand rubles for a single person, but it changes if there are additional family members.
- In other regions, the payment is within 3,600 rubles.
- In the village - within 2700 rubles.
As practice shows, military personnel pay 30% or more of their salary, but in some regions the percentage increases to 80.
The compensation paid is calculated based on the region of residence, family composition and the amount of payments provided for this region.
The surcharge will be increased by 50% if the family consists of three people.
Requirements for the contract
For an individual, a rental agreement (Article 671 of the Civil Code of the Russian Federation) for a certain period is usually used.
The grounds for payment of compensation are:
- copies of identification documents of all family members;
- rental agreement;
- statement of enrollment in the military unit;
- report addressed to the commander;
- certificate of family composition.
Payment may not be made if the person liable for military service is not in line for service housing or refuses it for unknown reasons.
Additional payment for rent of premises is carried out on the basis of:
- Additions in accordance with Order 235 of the RF Ministry of Defense.
- PP as amended on September 18, 2015.
Contents of the document
The lease agreement is concluded in writing. It should reflect the following basic data:
- date of conclusion of the contract;
- passport details of the owner and tenant;
- document confirming ownership with a copy attached;
- address;
- total and living area of the premises;
- term of the contract;
- monthly payment amount;
- calculated number.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 302-76-94Saint Petersburg
Terms of imprisonment
The term of the lease agreement can be any, from one month to infinity. And hiring is for a maximum of 5 years. If the contract does not specify a term, it is considered to be concluded for 5 years. Read about how to properly rent and rent out an apartment for a long period of time here.
Payment order
The serviceman pays for the rent of the premises independently from his own funds, then monetary compensation is received along with his allowance every month to the serviceman’s personal account. If for some reason compensation has not been received, you must contact the financial authorities assigned in accordance with the established procedure to the military unit in writing or by telephone.
Is registration required?
At this point in time, registration of lease agreements by military personnel and members of their families is not provided, provided that it is concluded for a period of less than 12 months. If necessary, you can apply for registration to specialized organizations (Rosreestr, MFC), the preparation of the necessary documents requires a certain period of time from 7 to 14 working days.
Upon formalization of the contract, the owner will be required to pay income tax at the end of the year.
Does a person liable for military service have the right to rent out premises himself?
Yes, provided that the apartment is owned, but if it is a service apartment, then subletting is prohibited.
Is it possible to rent out property obtained with a mortgage?
The answer to this question depends on what requirements are specified in the mortgage agreement. If such a clause is not provided, then you will need to contact the bank for a decision.
The organization that provided the mortgage may not object to renting out the apartment. Because if a serviceman has left for another region of Russia to a new duty station, no one relieves him of his duties to monitor the safety of real estate.
Read about the legality of renting out an apartment taken on a mortgage here, about how to organize a business renting out apartments on a daily basis, read here, and you can see the penalties for illegally renting out an apartment in this material.
Who cannot be evicted from official housing
There are certain candidates here who are listed by current legislation, they are not subject to eviction, and there are categories that arise from the practice of applying all these norms. There are groups of employees who cannot be deprived of housing just like that. Or you need to provide them with an alternative. These are the employees who need living space. They are registered and should not be users of apartments. It doesn’t matter whether it’s your own or rented.
Who cannot be evicted from a service apartment
The following categories of people: these are those who have reached a certain age: man 60 years old, woman 55 years old; family members of military personnel, employees who died while performing military service duties; disabled people who received their disability while performing military duties, who were employees; orphans, children left without guardians, families of deceased workers who died or were killed in the performance of work duties. This is the category provided for by the housing code.
Evicted from official housing of the Ministry of Defense
Persons who must be provided with housing specifically for permanent residence with the right of ownership or social rent are not subject to eviction. There are persons who are not subject to eviction due to the introductory law or other circumstances. Each housing situation is individual, it must be individually considered and carefully analyzed.
We are glad if our information helped you and will be grateful if you share it on social networks with your colleagues. We also remind you that ask our lawyers any questions you are interested in on this topic; it is impossible to describe life situations in the article and only a professional can reduce your costs by taking responsibility for resolving the issue.
Pros and cons of deals
Positive points when subhiring:
- the ability to choose a territorial location;
- availability of initial repairs and equipment;
- a chance to rent an apartment of larger dimensions than office housing provides.
Negative points:
- you have to pay extra out of your own pocket;
- it is difficult to find an apartment that meets the family’s requirements;
- possible distance from the place of duty.
When making a decision to transfer or move to a new duty station, you must immediately check with the commander of the military unit about the availability or absence of official housing. If it is absent, you will need to pay money from your own pocket, which is unprofitable, since the salaries of contract military personnel are small. Think about this in advance.
Standards for service housing for military families
Military personnel are issued living space, which in size corresponds to the living space issued as a permanent place of residence. This area is eighteen square meters for each family member. It often happens that housing is provided with a military mortgage. Material with up-to-date information on this topic is available on our website.
Standards for the provision of housing for military personnel and their families
Of course, when issuing a residence permit, the standard for the area of the apartment must be observed. Plus design features, that is, design features for one family member are about 18 square meters, that is, one person can get housing of thirty-six square meters, but if this family is of two or more people, then it is even possible to reduce the standard for design features. The minimum norm in an apartment for each family member will be 9 square meters. These standards may be changed in the event of a military personnel voluntarily agreeing to a smaller living space.
Expanded standards for army leadership
Also, there are increased standards when providing accommodation for military families. For example, when receiving official housing, you can also get additional space for an office. Naturally, this room is included in the calculation of square meters above the previously stated standard. But this applies only to those who have the rank of colonel, researcher, candidate and doctor of sciences, teacher, commander and other categories of military personnel.
