Social tenancy agreement for a municipal apartment - where to get and how to register for social tenancy housing, is exchange possible? Warrant for residential premises: what is it? OWN

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.

Features and content of a social tenancy agreement

According to Art. 60 of the Housing Code of the Russian Federation, under a social tenancy agreement, residential premises are transferred into possession and use under the conditions provided for by law. This is a two-way transaction that can be paid or unpaid. Thus, citizens recognized as low-income are exempt from rent. They only pay for housing and communal services and repairs.

There are no minimum or maximum terms for a social tenancy agreement. Housing is provided for an indefinite period. It is also impossible to terminate the agreement due to expiration.

There are two parties to the contract – the landlord and the tenant. The lessor is a state or municipal body. Only a citizen of the Russian Federation can be an employer.

The landlord is obliged to provide the tenant with residential premises that comply with legal requirements and in respect of which no other persons have rights. The room must be isolated and suitable for habitation. In addition, the owner is obliged to carry out major repairs as necessary and provide utilities to the citizen. The agreement may impose other obligations on the lessor.

If the owner fails to fulfill the obligations assumed by the owner, the tenant may demand:

reducing the level of fees for using the premises;
elimination of deficiencies and reimbursement of expenses;
compensation for damage.

In turn, the owner has the right to demand timely payment of the necessary payments in full, as well as fulfillment of obligations for the maintenance of the provided premises.

The tenant cannot use the housing for other needs other than the intended purpose specified in the contract. He is obliged to carry out ongoing repair work to maintain the premises in proper form, as well as timely and in full to pay fees for housing and communal services and rental. If there are any changes in family composition or other terms of the contract, the tenant must notify the owner. The agreement may also provide for other obligations.

The tenant has the right to use common property and demand that the owner fulfill the obligations provided for by the contract and legislation. If for some reason the employer is absent (serving a sentence in prison, serving in the ranks of the Armed Forces, etc.), he retains all the rights provided for in the contract.

In addition, the tenant has the right to sublet the provided premises, move in other persons, allow temporary residence of residents, and also exchange occupied housing. The agreement may also stipulate other rights.

Terms of agreement

An essential condition of this document is the designation of the subject of the transaction, that is, the specific premises that are provided for use. There are some requirements for the subject of the transaction:

Only a separate premises - an apartment, a house or part of them. Shared rooms (for example, kitchen, bathrooms, corridors) cannot - their use is permitted to all residents of the residential premises.
The document must indicate the item with a description all its details, for example:
the floor on which it is located;
number of rooms;
the condition of the premises and the property located in it, etc.
The size of the premises provided should not be less than the standard, permissible for one person by law. In a situation with subsidized housing the size of the area depends on the number of residents and amounts to:
42 sq.m. – if there are two tenants;
18 sq.m. – for three or more people.

All other terms and conditions are additional and may be included by agreement of the parties.

Examples of such conditions are:

availability and amount of rent for the apartment, as well as the timing and method of payment;
an indication of the citizens who will live in the apartment together with the tenant;
obligations to pay utility bills;
conditions for current and major repairs (that is, when and at whose expense it will be carried out), etc.

Before you draw up a social tenancy agreement for an apartment, you need to collect a complete package of documents required for this and contact the appropriate government agency .

What form does it take?

Before you receive a social tenancy agreement for an apartment, it is worth understanding in what form the document is drawn up. To do this, you need to refer to Article No. 51 of the RF Housing Code. The regulation states that the agreement can only be drawn up in writing.

The document is an administrative act. It is drawn up unilaterally. The information contained in the contract must also meet the established requirements. The document must specify the parties to the transaction, their rights and obligations that will arise after signing the paper. To simplify the procedure for drawing up an agreement, experts advise using a sample social tenancy agreement.

How to confirm your rights?

How to get an apartment under a social tenancy agreement?

To obtain an agreement, a citizen must not only fit into the appropriate category of residents, but also document this.

Depending on the grounds for settlement, he can provide the following documents to the housing authority:

A certificate stating that he is a low-income citizen (can be obtained from the Department of Labor and Social Protection ).
Medical documents confirming the presence of the disease.
Documents for existing housing , indicating its area and the persons living in it.
Documents stating that the child is an orphan.
Papers with characteristics of the house , which confirm its unsuitability for habitation (you can contact the MFC or the economic department of the city administration).

If a citizen is already a tenant of social housing, but wants to receive a rental agreement for a municipal apartment confirming this, he can prove his rights to it with the following documents:

a warrant for residential premises;
decision of the executive authority to provide an apartment;
a court decision obliging the housing department to enter into an agreement.

The specific document depends on how the applicant obtained a housing permit.

Find out how to fill out an apartment rental agreement between individuals, and also download a standard sample. In this publication you will learn: what a short-term apartment rental agreement is and how to draw it up correctly.

Read the article to know how to draw up a transfer and acceptance certificate when renting out an apartment.

Order for an apartment and contract

The supporting documents for a municipal apartment are:

Social rent agreement.
Warrant for an apartment.

In essence, a warrant for an apartment and a social tenancy agreement are one and the same.

The difference between them is the time of receipt - the warrant was issued to citizens before March 1, 2005 and served as the basis for moving into the apartment.

It was later replaced by a social tenancy agreement , which is still in use today . At the same time, citizens who have a warrant can enter into an appropriate contract .

This requirement is not mandatory, however, without this document the tenant will be limited in some of his actions in relation to the apartment. For example, it will be needed in the following cases:

during the privatization of housing;
for subletting an apartment;
to exchange an apartment under a social tenancy agreement;
for moving other residents into the premises, etc.

Important! If there is a warrant, it is best for tenants to enter into an agreement so that in the future there will be no problems with using the housing and obtaining ownership of it.

Application Procedure

To qualify for a social tenancy agreement, a citizen must submit an application. The agreement is being drawn up by the Department of Housing Policy. You can also contact the administration through the MFC. A citizen who wants to receive housing from the state must prepare a package of documentation.

The list of papers must include:

passport;
completed application;
identification documents of all family members of the applicant;
a certificate confirming that the property is municipal property;
documentation that serves as the basis for a citizen to move into an apartment;
certificates of relationship with persons who will be included in the contract;
documentation confirming the fact that there are no outstanding payments.

The list of papers may change. If the applicant is married, he must attach to the established list a certificate of official registration of the relationship or a document confirming that the person is divorced. An application for a social tenancy agreement can be drawn up in free form.

The application is reviewed within a month. If the paper is accepted, the institution’s employees will not require additional documents. There is no need to pay for social hiring.

When the papers are prepared, you need to contact the MFC or administration. Having received the application, employees of the selected institution will check the correctness of the document, as well as the compliance of the prepared list with the established requirements. If all documents are drawn up in accordance with the rules, the application will be registered in the database. The applicant will be provided with an extract on which the date of acceptance of the application and information about the period during which it will be possible to find out the decision will be recorded.

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How to register through the multifunctional center?

An application for concluding a social rental agreement for residential premises can be submitted through the MFC. If a citizen decides to use this method of appeal, he will need to prepare a standard list of documentation. If all the papers are collected correctly, the employees of the multifunctional center will accept the application and begin consideration.

The decision will be made within 30 days from the date of submission of documents. When the verdict is known, the applicant receives notice of the result of the procedure. If the decision is positive, an agreement will be drawn up for the transfer of the municipal apartment for use.

Legislative regulation

Presentation of housing with the simultaneous signing of a social tenancy agreement is possible only taking into account the requirements of the law. Basic information is contained in various articles:

on the basis of Art. 49 LCDs on social rent are issued to residential municipal properties, and they are also issued exclusively to low-income and needy citizens;
Art. 51 of the Housing Code contains a list of grounds on which persons are recognized as low-income, therefore they are offered housing from the state;
in Art. 52 of the Housing Code provides the rules on the basis of which citizens are registered to receive social housing, and also indicates the documents that will have to be prepared;
Art. 54 of the Housing Code includes the reasons why citizens are not provided with social housing;
according to Art. 56 of the Housing Code defines the procedure and reasons for deregistering citizens as those in need of housing;
on the basis of Art. 57 of the Housing Code, the rules for signing a social tenancy agreement and obtaining residential premises for temporary use apply;
Art. 58 of the Housing Code establishes optimal space standards for each family member.

If a room is issued in a communal apartment, then the provisions of Art. 59 LCD.

Get it and live! What is social hiring

In essence, social rent is the same as rent. Only in this case, you are renting an apartment not from some individual, but from the state. There are several advantages to this type of renting. Firstly, this is an extremely wonderful price . For example, for renting a one-room apartment in a distant part of Moscow, the owners ask 30,000 rubles per month. For similar housing in the capital (only of worse quality), you will pay only about 2,000 rubles to the state.

According to social security, no one will unexpectedly kick you out of the apartment; the lease agreement is usually concluded for an indefinite period, it does not need to be renewed. And no one will raise the price out of the blue. The rental payment for social housing is fixed (most often directly approved by local governments), and sometimes it is completely absent. All that is required of you is to pay your utilities on time and, if necessary, make repairs at your own expense . If desired, social housing can be privatized or purchased from the state.

This is an excellent option for those who physically cannot save money to buy their own home and cannot even afford a mortgage.

DOM.RF calculated that 40% of Russians, due to low incomes, will not buy a home with a mortgage at any rate, even zero interest rates.

Reasons for receiving

Only citizens who really need residential real estate can count on a social apartment issued by the municipality. These include the following persons:

Poor people . In such families, the income per member does not exceed the subsistence level, and all family members do not have any real estate intended for permanent residence and registration. Initially, you need to formalize your status, and then apply for social housing. You can get housing even if you have your own apartment, but if its square footage is less than the established standards or it is located in a dilapidated building.
Extraordinary. This includes people who can count on social housing outside the established waiting list. These include people with severe forms of chronic diseases who cannot live in the same living space with other people. Such diseases include epilepsy, intestinal fistulas or malignant neoplasms with discharge. Additionally, extraordinary persons include citizens living in emergency housing, disabled people of the first two groups, military personnel injured during service, WWII veterans and persons who were injured or lost their housing due to disasters or natural disasters.

The authorities of each region have the right to increase the number of citizens who can receive social housing.

What rights do residents have?

All tenants have the same obligations and rights. Citizens must use residential premises exclusively for their intended purpose, and also pay rent on time. But at the same time they have the following rights:

the ability to demand from the state the fulfillment of obligations specified in the social rent agreement;
move other citizens into an apartment or house;
rent out property;
exchange a residential property if it does not meet the requirements of the law for various characteristics.

Major repairs are being carried out at the expense of public funds. Either party has the right to terminate the agreement early. Tenants have the right to privatize social housing. As a result of this process, the object becomes the property of citizens, so they can sell it, donate it, exchange it, or perform other actions related to the change of owner.

Important! To privatize social housing, you need to contact the housing department with a passport, an application, a social tenancy agreement and documents received from representatives of the BTI, but usually privatization is allowed only for citizens who have used social housing for more than 5 years.

Regulatory framework

The main document regulating all emerging legal relations in this area is the Housing Code of the Russian Federation. In addition to this, the Decree of the Russian Federation dated 12.12. 2014 N 1356 contains definitions of the rules and procedures for calculating fees for renting premises on the basis of a social contract.

There are local and regional documents that specify the amounts and procedures for collecting funds in a given region.

Read about how to conclude a social rental agreement for residential premises, as well as the grounds for terminating the agreement, on our website.

Features of restoring a lost agreement

If the social tenancy agreement has been destroyed or lost, the document can be restored. When figuring out where to get the paper again, you need to take into account that when the registration procedure is carried out, the citizen writes two copies of the social tenancy agreement. One of them is given to the tenant, and the other remains with the landlord. If the administration acts as the owner of the property, and its representative signed the contract, it is there that you must apply for restoration. You must have a prepared package of documentation with you.

It may include:

passports or birth certificates of all family members who are registered in the residential premises;
a certificate of family composition and an extract from the house register;
personal account statement;
certificate of divorce or marriage, if any.

Please note that statements are valid for 14 days from the date of receipt. Therefore, it is worth doing them immediately before applying. A sample paper will help you understand the specifics of drawing up a contract. The second copy of the document is provided within a month after the application. If a citizen acting as an employer dies, the social tenancy agreement will not be provided to another person. The document will need to be reissued in the name of one of the employer’s family members.

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It must be taken into account that the agreement not only confers rights, but also imposes a list of responsibilities. Failure to comply with them will result in violation of housing rights. A social tenancy agreement allows you to receive real estate from the state. The document regulates legal relations in the area of use of residential premises that are owned by the municipality. All legal relations are carried out on the basis of the provisions of the Housing Code of the Russian Federation.