Changing the social tenancy agreement for residential premises ➡➡➡ 4 reasons for renewing the agreement, an application form for amending the document, how to re-register after the death of the tenant?

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Social tenancy refers to the civil procedure for registering the right to use residential premises without taking ownership.

This right arises after the execution of the corresponding agreement with the local municipality. In certain cases, changes must be made to the contract.

Reasons

Relations under a social tenancy agreement do not need to be extended , so re-registration is carried out only if the responsible tenant:

he himself decided to give up housing;
changed his place of residence;
died or was declared legally incompetent by a court;
is in prison.

What it is?

Let's find out what a social tenancy agreement is? This is a document according to which one party receives for use from the other party a certain residential premises - an apartment, house, room, etc.

In this case, the provision of property is carried out on preferential terms , which are determined by the current legislation and the provisions of the contract.

For example, a tenant is most often exempt from paying rent and receives subsidies for utilities.

The parties to the transaction are the following entities:

lessor – a person (both physical and legal) who provides housing for use. In the case of social rent, the owner is the corresponding housing stock - municipal or state;
tenant - a person who receives housing for use. According to the law, only certain categories of citizens have the right to conclude a transaction.

The document describes all the details of the transaction and the specific conditions under which it is concluded. These conditions are negotiated by the parties and enshrined in a document in writing .

Apartment under a social tenancy agreement: what is it and who owns it? It is worth considering that an agreement can only be concluded in relation to the housing or part thereof, which is located in a house that is on the balance sheet of a state or municipal body .

If the house is not on the balance sheet because it was transferred to another organization, the right to receive housing in it still remains .

But only on the condition that the house is state property .

In this case, the citizen needs to find out who now owns the apartment building and apply there with the appropriate application.

Rights and obligations of a person renting an apartment

Tenant is a citizen of the Russian Federation who has received housing for use under special conditions determined by law. There is a form of a standard social contract. rental of residential premises, which reflects all legal aspects of the relationship between the landlord (state or municipal housing stock) and the tenant (citizen of the Russian Federation).

The relationship between the homeowner and the Tenant is regulated by the following legal documents:

Housing Code of the Russian Federation (Chapter 8, Section III).
Civil Code of the Russian Federation (separate norms of Chapter 35).

Rights:

replace or change allocated housing;
move in and register temporary and permanent residents at their place of residence;
sublease the resulting space;
require major repairs;
insist on eliminating violations in relation to utilities and common property.

Liabilities:

maintain the allocated living space in a suitable condition for living;
carry out routine repairs and preventive maintenance;
pay housing and utility bills on time;
report the circumstances leading to the termination or modification of the tenancy agreement.

What is social housing rental – Civil Lawyer

How to re-register?

The terms for re-registering a social tenancy agreement after the death of the employer are not regulated by law , that is, you cannot be forced to do this or be fined. However, this process should not be delayed, since difficulties may arise with the preparation of other documents: for example, if you want to privatize living space, prove your right to live, and so on.

So, how can you reissue the document?

Before the re-registration procedure begins, it is necessary to discharge the deceased tenant (person) from the apartment .
Decide for which of the social housing residents the contract will be renewed. In the event that the applicants fail to reach an amicable agreement, the decision is made by the court.
For reference! It is possible to conclude several contracts at once if each person occupies a separate room.
To submit an application for renewal of the contract, you should contact the Housing Policy Department or the nearest branch of the MFC (multifunctional center), where you can submit documents and receive the results of consideration of the application.
Draw up an application addressed to the head of the executive body that provided the housing for rent. The form must be presented at the reception. The document must contain the following information - “I ask for your permission to re-register the rental agreement for residential premises at the address: ____________ in my name, in connection with the death of the Tenant.” Additionally, the passport details of all family members who remain living in the specified premises are indicated. The application is signed in the presence of everyone persons registered in the apartment. The consent of temporarily absent family members is drawn up in writing with notarization of the authenticity of the signature.
Collect a package of documents.The application for amendments shall be accompanied by:
originals and copies of identification documents and confirming the registration of all family members may additionally require insurance certificates and TIN;
data on family composition (marriage/divorce; decision on adoption, court decision on the place of residence and registration of minor children if the parents are divorced; certificate of a guardian or trustee);
a certificate from the place of work (service, study) of the one for whom the employment contract is renewed;
documents confirming the right to use residential premises occupied by a citizen and members of his family: a copy of the apartment card, a certificate of family composition;
receipts from the HOA or management company for full payment of rent and utilities;
original rental agreement (if available);
written consent to data processing;
other additional certificates and extracts, individual for each individual case.
The package of documents is reviewed by a responsible employee, the originals are returned to you, and all copies are certified and filed. Don't forget to take a list of accepted documents.
Further, after consideration of the application (by law, no more than 30 days), you will be notified either of the refusal to re-register, or of the place and time of the conclusion of the contract .
Attention! If the refusal was due to a lack of some document, after their final collection, the application can be resubmitted.

Watch the video: How to privatize an apartment after the death of the tenant

How to privatize an apartment after the death of the tenant and conclude a social tenancy agreement

Additional agreement

When should it be issued? Occasions:

The composition of the family changes - someone moves in or moves out, being removed from the register.
After major renovations, the area increases or decreases.
Full name changes. the employer or one of his family members living at the same address with him.
The postal address of the property changes.
Housing status changes.

Application form for concluding an additional agreement to the social tenancy agreement

If the rights of citizens related to moving into an apartment are violated, you can file a complaint with the court.

Evidence of a violation of rights may be a tape recorder or a written refusal to provide housing.

Find out what to do in the event of the death of a responsible tenant in public housing on our website.

Possible difficulties

Refusal to re-register the contract may occur if:

not all documents are presented;
information about the applicant is distorted;
the legal grounds for concluding the contract have not been confirmed.

Difficulties may also arise if applicants for re-registration are not included in the order or previous contract as relatives of the employer. This situation often happens, for example, with grandchildren. Registration at the place of residence does not automatically give them the right to social rent after the death of the tenant (grandparent).

In this case , you can demand the conclusion of an agreement only by confirming family ties through the court . In order for the contract to be renewed without additional questions, the grandchildren must be included in the order or rental agreement.

Another nuance, by law, a municipal apartment is not inherited after the death of the tenant. But, as elsewhere, there is an exception here - when the tenant was declared incompetent and an official guardian was appointed to him. In this case, the apartment may be inherited.

Most often, children of elderly parents act as guardians , but other cases are possible. Documented proof of guardianship after the death of the tenant serves as the basis for re-registration of the tenancy agreement.

Social houses in the capital: what do they give to pensioners and from whom do they protect them?

It is visitors from the regions who dream of an apartment in Moscow, and the native residents of the city, with the advent of old age, are often glad to get rid of it as soon as possible. The fact is that the capital’s golden square meters have always attracted all sorts of scammers like a magnet. Most often, gullible elderly people become victims of their deception. Under the guise of help, the last thing they need is taken away from the elderly - housing. What to do if black realtors are hunting for your apartment? Or is your health simply failing, and there is no one to care for you? Whose help can older Muscovites count on?

Stumbling meter

Elderly city residents have found safety and care in social housing for many years. In one of them, in the Mitino area, RG correspondents met Evdokia Ivanovna Nedelchik. A sociable woman with a posture like a young one, a cheerful smile... It’s hard to believe that she is already 91. “Our people live a long time, there are even 96-year-olds,” Evdokia Ivanovna answers the compliment without hesitation. “The secret is simple - we have no worries!”

He hospitably invites you to his 869th apartment. We cross the threshold and it’s like we’re traveling back in time: a sideboard with crystal, a cabinet with books and souvenirs, a sofa bed, a folding table, a buffet with dishes in the kitchen... “I moved all my furnishings here,” explains the hostess. And the story continues:

“In the 90s, my husband and I were left alone. I didn’t have children, and his daughter from his first marriage went abroad. We lived in a two-room apartment on Mira Avenue, next to VDNKh. In the 70-80s, mainly creative and scientific intelligentsia lived in the house. But in the 90s, many apartments were sold. Some went abroad for permanent residence, others went out of town and built their own houses. Those who bought the apartments turned out to be not the most pleasant neighbors. And those were the times - black realtors tried to get close. They called us, asked if we were renting out an apartment, offered either an exchange or relocation, they even made threats. Life became scary, and then we decided that we needed to look for quieter housing,” recalls Evdokia Ivanovna. By chance she heard on the radio about a social home in Mitino. It turned out that the city is offering elderly Muscovites to move, receiving in return for their housing a full-fledged apartment in a modern high-rise building with 24-hour security, attentive staff and good service. Evdokia Ivanovna is an economist with extensive experience; from 1961 she worked at the Kremlin Palace of Congresses in her specialty until her retirement. It was not difficult for her to calculate how profitable this offer was.

“My husband and I were one of the first to move into a brand new social house,” she recalls. “We donated our apartment to the city fund, and then we received the same two-room apartment with good repairs, a spacious loggia, and a separate bathroom.”

Local workers, like other pensioners, helped with the move. We arranged furniture, household appliances, and did everything as the couple wanted. “I have been living here for more than 20 years and have never regretted my decision,” shares Evdokia Ivanovna. “When my husband developed dementia, he received care here that I could not have provided alone. And he was sick for almost a year.”

Second house

Another native Muscovite, Galina Ivanovna Peregontseva, lives in the neighboring apartment 870. In December she will celebrate her 77th birthday, and in March she will celebrate a decade since she decided to move from her two-room apartment on Bolshaya Polyanka to a social house. It would seem, how can you change such a prestigious place of residence to the outskirts of Mitino? I changed it. And also out of fear of scammers, although I have family and friends. “Even the most run-down apartment in Moscow attracts the attention of black realtors. And all my life I lived in the very center: I was born and grew up in the Meshchansky district, then I moved to Yakimanka,” said Galina Ivanovna. — In 2004, my husband left, and a little later my mother. I turned to social security for help, and that’s where they told me about these houses.”

I weighed the pros and cons for almost six months. As a result, I moved into a one-room apartment in a social house. I had to say goodbye to some of the furniture. The luxurious kitchen set did not fit in all - instead of an almost 12-meter kitchen, there was an 8.5-meter one, and a huge bed did not fit in the room. “Of course, there are moments of sadness for the old apartment,” admitted Galina Ivanovna. “But when I listen to how everyone is deceiving me, I understand that moving was the best option for me.”

She has more than enough energy. As in her youth, she chooses what outfit to appear in front of her friends, with whom she often meets in the city center to discuss the latest news, talk about art and literature: “The metro is nearby, half an hour - and I’m already on Arbat. There we meet friends, go to exhibitions and theaters together. And I always return home with joy, because here I feel wonderful. But you don’t have to go anywhere - we have a beautiful landscape park nearby for walks.”

There is also something to do in a social house. Literary salons, dance and vocal clubs, as well as all the possibilities of the Moscow Longevity program are available to everyone.

On suitcases

There are now four social houses in Moscow: three in the north-west of the city in the Mitino area and one in the south-east - in the Maryino area. Modern high-rise buildings with security, 24-hour control rooms and medical centers. The apartments are different - small one-room apartments of 27 square meters. m, larger one-room apartments - 34 sq. m and two-room apartments - from 48 to 52 square meters. m. In total, there are 483 apartments in the social housing complex. Mostly single pensioners move there. The average age of residents is 78 years. The contract for the transfer of real estate is concluded with the State Unitary Enterprise "Mossotsgarantiya". Pensioners are offered several apartments in the building to choose from. They warn that after moving, their previous home will be auctioned off at the city auction. However, if someone wants to live on their own again, they will find an equivalent apartment.

72-year-old Elena Nikolaevna Chesnokova, our reader, has been living in the house for only a couple of years. The story is similar: after the death of her husband, she was left alone and accidentally found the company’s phone number in Rossiyskaya Gazeta. Without hesitation, I exchanged a one-room apartment with an area of 37 square meters on Voykovskaya for an apartment in Mitino. “All services are just a call away, there is a telephone in every apartment. For example, a washing machine breaks down, a technician will come the same day and do everything for free,” says the pensioner.

Along with the renovated apartment, residents of the building receive monthly monetary compensation from the city, are completely exempt from utility bills and are entitled to free and discounted services. No one is encroaching on their pension.

Help "RG"

Advice on moving into a social residential building can be obtained from the State Unitary Enterprise “Mossotsgarantiya” by phone: +7 (495) 981-07-99,.

Conditions for making changes

Standard situations in which a social housing tenant has the right to demand changes to the contract:

family member dropped out, died, was born;
the citizen moves into the living space as a family member;
coordinated redevelopment or reconstruction of the premises;
expansion of the area owned on the basis of the contract by annexing the vacant meters.

In order to make changes, you must perform the following procedure:

contact the housing policy department or the MFC branch;
submit an application indicating the reason why you want to amend the current contract;
obtain the consent of all residents.

Changes will be made within 30 days. Termination of the contract is carried out by agreement of the parties or through the mediation of the court , based on the provisions of Article 83 of the RF Housing Code - if the initiator of termination is only one party.

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.

Where can I get a document if it is lost?

If the tenant has died or changed his place of residence, then it is impossible to obtain a duplicate or restore the social tenancy agreement for the apartment. In this case, the contract must be re-signed.

The agreement is drawn up in two copies, each of which is kept by the participants in this legal transaction, one by an individual, the other by a representative of a local government authority. If the original document is not available, the main tenant must provide:

certificate of family composition;
an extract from the house register;
and contact that department of the Housing Department.

Who can draw up a social tenancy agreement?

To draw up a social tenancy agreement, a citizen must be registered as needing housing, and a decision has been made regarding him to provide residential premises under a social tenancy agreement. The decision is more or less clear, but how do you get registered? What conditions must be met for this?

The first and most important thing is that those applying for housing under a social tenancy agreement must have Russian citizenship

. Foreign citizens and stateless persons cannot apply for such housing.

Second, the citizen must be recognized as in need of such housing.

. According to Russian legislation, the following categories of citizens (as well as their family members) can be classified as needy:

do not have their own permanent home;
who are tenants, but the provision of housing per family member is less than the accounting norm, while each region has its own accounting norm;
if the residential premises are recognized as unfit for habitation, in this case the accounting norm does not play a role;
living in communal apartments, if the family includes a patient suffering from a severe form of a chronic disease, in which living together with him in the same apartment is impossible.

Third, the citizen must be classified as low-income

. There is a method for calculating the income of a citizen and family. Thus, for Muscovites, this methodology was approved by Moscow Government Decree No. 362-PP dated June 6, 2006 “On measures to implement the Moscow City Law “On the procedure for recognizing Moscow residents as low-income for the purpose of registering them as those in need of residential premises.” This method takes the market value of the apartment, which a citizen and his family can claim, as well as the income of all adult family members.

Important!

All adult family members must be employed and, based on the current standards for the provision of housing, it is calculated how long it will take the family to accumulate these funds.

The fourth is permanent long-term residence (at least 10 years!) in a populated area.

I’ll immediately make a reservation that there are no such conditions in the housing legislation of the Russian Federation, but in Moscow and St. Petersburg such standards are provided for in local laws. The highest courts have so far refused to invalidate the above norms, and they continue to apply.

Fifth - citizens who, of their own free will, worsened their own living conditions

. Such “cunning people” can be registered as needy only after 5 years from the moment they committed actions as a result of which they began to qualify for improved housing conditions.

The legislator has provided a list of such actions:

moving other citizens into the residential premises as members of their family;
relocation to specialized residential premises or to residential space on a sub-lease basis or as a member of the owner’s family;
sale or donation of residential premises suitable for habitation that belonged to a citizen;
unequal exchange of residential premises owned by a citizen by right of ownership.

Where to re-register?

As a rule, it is more convenient to make such an appeal through the departments of multifunctional centers. After checking the documents, an officially certified copy of the contract is issued, which has full legal force and can completely replace the original.

Signed contracts that are not received by the applicant for any reason are stored in the Housing Policy Department for five years. As a conclusion, it is worth recalling that social housing belongs to the state and no matter what changes are made to the contract, and no matter who it is re-registered to, the housing will remain in municipal ownership.

You can dispose of real estate only if it is privatized. By registering your home as private property, you can avoid many problems associated with its inheritance.

Useful video: Rights of citizens when concluding a social tenancy agreement for residential premises

Rights of citizens when concluding a social rental agreement for residential premises

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How to get the service through the MFC?

The citizen receives advice on the order in which the service will be provided and collects a package of documents, which is accepted at the MFC. 30 days after registration of documents, the applicant is notified of the result of consideration of his application.

You can learn about the grounds for terminating a social rent agreement in our article.