Despite the fact that privatization has existed for more than twenty years, today the state housing stock has not yet been completely transferred to private ownership and citizens still have this opportunity. Since non-privatized housing cannot be inherited by law, many people wonder who gets municipal housing after the tenant dies and whether it is somehow possible to leave the apartment to his relatives.
In practice, the tenant of municipal housing, when signing an agreement, receives a number of powers that allow him to fully use the living space provided to him, namely:
- Register your close relatives and, in some cases, other persons in this apartment, in accordance with the Housing Code of the Russian Federation;
- Sublease housing;
- Exchange an apartment for similar housing at a different address;
- Pay less for all utilities, with the exception of contributions for major repairs.
Of course, the tenant must either coordinate all actions with the municipality that provided the apartment, or notify this body of his decision.
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.
Who is the main employer?
Most often, not just one person, but a whole family moves into a municipal apartment. But only one member of the family being settled acts as an applicant when drawing up the agreement . Documents and utility bills are drawn up in his name. It is he who is responsible to the municipality for the housing provided.
Previously, such a person was called a responsible tenant; after the latest edition of the housing code, the name was simplified to a tenant. The essence remains the same.
Employer status is:
- Responsibility for compliance with the agreement and the actions of the entire family.
- Representative functions in all matters related to housing.
How to become one?
In order to become the main tenant in a municipal apartment, you need to enter into a social tenancy agreement in your name. This can be done by agreement with other family members. If an agreement cannot be reached, the housing department can appoint a tenant.
How to file a claim?
How to file a claim to become the main one? In accordance with Article 672 of the Civil Code and Article 82 of the Housing Code, any adult and capable family member can become a tenant with the consent of the existing tenant and other residents. Therefore, it is legally possible to ask the municipality, represented by the housing department, to renew the contract. How to change employer? To do this, submit a corresponding application.
Article 82 of the RF Housing Code. Changing the social tenancy agreement for residential premises
- Citizens living in the same apartment, using residential premises in it on the basis of separate social tenancy agreements and united into one family have the right to demand that any of them conclude one social tenancy agreement for all residential premises they occupy.
- A capable family member of the tenant, with the consent of the remaining members of his family and the landlord, has the right to demand recognition of himself as a tenant under a previously concluded social rental agreement instead of the original tenant. The same right belongs in the event of the death of the employer to any capable family member of the deceased employer.
However, such requests are not always satisfied. Therefore, you can file a claim for the same in the district court at your place of residence. There are standard templates for such applications, so submitting one will not be difficult.
The following documents are attached to the statement of claim:
- Copies of passports of all participants.
- Registration certificates.
- A copy of the personal account.
- A copy of the latest receipt, which confirms the absence of debt.
- Social rental agreement for premises.
- If the previous employer has left or died, you must provide a certificate of deregistration.
- Receipt for payment of state duty.
- Depending on the specific situation, other documents may be needed.
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
Registration question
Can a tenant register someone without the residents’ permission? This question is one of the most frequently asked questions in housing committees and legal consultations. And it is answered in detail by Article 70 of the Housing Code.
Without the consent of those living in a non-privatized apartment, you can only register your own young children . Only in this category of registered persons there are no reservations or comments. Moreover, not only the tenant, but also the other tenants have these powers.
The tenant has the right to register his children, spouse, and parents in the rented apartment without asking for the landlord’s approval, but he will need the written consent of all registered adult residents, even those who have left, regardless of the period and reasons for their departure.
If the employer decides to register a stranger who is not a family member, the landlord's consent is required.
The landlord may refuse to move in and register if this results in a decrease in the square footage of living space per tenant below the sanitary standard.
Find out whether you can change or rent out social housing from our articles.
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:
- death certificate of the previous employer;
- 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
Re-registration of municipal property to another tenant
Each Russian region establishes its own procedure for submitting applications for re-registration of municipal housing. The main thing for tenants after the death of the tenant is to determine which of them will be a party to the contract. Before submitting the list of required documents, it is important to deregister the deceased relative.
When the municipality makes a decision to re-register the contract to another person, applicants must contact the housing management company, which will change the personal account information. According to Article 69 of the Housing Code of the Russian Federation, a contract can only be re-issued in the name of an adult capable person.
The timing of re-registration depends on when employers submit the appropriate application and receive the consent of the municipality. If the administration refuses to re-sign the contract without good reason, the tenants need to go to court to protect their interests.
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.
Receiving property by inheritance
You can receive real estate from the previous owner by law () or by will (Article 1118). But non-privatized housing is still the property of the municipal fund; after the death of the tenant, it remains with the state.
An exception is the situation when the tenant of the property during his lifetime expressed a desire to obtain ownership of the property. This is evidenced by the application he submitted. In Art. 8 of Federal Law No. 178-FZ of December 21, 2001 stipulates that a decision on an appeal is made within up to 2 months. Under such conditions, privatization can be carried out.
When disputes arise between interested citizens and the owner of the property - the state and the municipality, only the court can determine who has the right to inheritance. To confirm the legitimacy of their claims, heirs can refer to. The resolution applies only if during his lifetime the tenant of the premises did not withdraw the application for privatization.
Inheritance of housing in order of priority
If there is no will, inheritance of a non-privatized apartment according to the law is carried out in order of priority (Article 1141 of the Civil Code of the Russian Federation). The first to receive property are the natural and adopted children, spouse and parents of the deceased owner.
In the absence of representatives of a certain line, the right to inheritance passes to the next category of citizens.
Along with the heirs of the line called for inheritance, property is received by dependents - non-working people who were supported by the deceased and lived with him for at least a year before his death. Dependents include minors, disabled people, and pensioners.
Expression of the will of the tenant
It is also possible to receive an apartment based on a will. To do this, the will of the testator must be expressed in writing (Article 1119 of the Civil Code of the Russian Federation) already at the beginning of the privatization process (submitting an application). The will indicates to whom and under what conditions the housing is transferred, and who is deprived of ownership rights.
Inheritance of the right to reside in public housing is often accompanied by legal disputes. The heirs must sell to the court:
- Statement of claim.
- Certificate of acceptance of the application for privatization.
- The will of a deceased apartment tenant.
The property is received by the persons specified in the document, as well as those who have the right to an obligatory share: minor or disabled children, parents, dependents, spouse of the deceased.
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.
Social hiring
Art. is dedicated to him. 60 Housing Code of the Russian Federation. The premises are inhabited by people who have a social tenancy agreement in their hands. It is concluded between one of the tenants (mostly the responsible tenant) and a government agency. He is the owner of the apartment. A document is the basis on which living in a residential area takes place. The agreement gives tenants powers that include not only powers and responsibilities, but also responsibility for improper care of the apartment.
According to the agreement, residents are given extensive powers related to the use of housing. For example, they have the right:
- sublease housing;
- consume housing and communal services;
- make repairs, etc.
Along with the rights of a party to a contract, it also has responsibilities:
- use of an apartment for living in it;
- housing maintenance;
- payment for housing and communal services.
The powers apply equally to all employers under the contract. In social housing there is no preferential right of one tenant over another. Family members usually live there. LCD lists these as:
- husband and wife;
- their offspring;
- father mother;
- other persons moved into the residential premises as family members.
To register someone in an apartment, including temporary residence, the consent of all tenants is required. An exception to the rule is minor children. If they were born to one of the employers, there is no need to ask permission from others.
The legal status of municipal housing is determined by the articles of the Housing Code of the Russian Federation. This is an apartment that belongs to the local government. The apartment is not privatized. This means that the tenants are not the owners of the premises. And they do not have the right to enter into civil transactions with him related to his alienation. Only privatization, acting as the primary transaction in the real estate market for the acquisition of an apartment from the state free of charge, will become the basis leading to the possibility of disposing of the apartment as one’s own property.
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:
- passport;
- certificate of family composition;
- an extract from the house register;
- and contact that department of the Housing Department.
If grandchildren are registered
In some cases, it is impossible to automatically renew a social tenancy agreement. The most common example of this case is a situation in which the tenant of the living space is a grandmother living with her grandson registered there. It would seem that the situation does not predispose to the emergence of any difficulties, but it becomes more complicated if the grandson is not registered in the apartment as a family member. That is, it was not included in the social tenancy agreement initially, but was registered later, on the initiative of the grandmother.
Of course, each of the tenants, referring to the Housing Code of the Russian Federation, has the right to register additional tenants in the rented apartment, especially if they live there independently and the square meters allow it. Thus, registration gives the grandson the right to live in an apartment with the status of an outsider who cannot claim this housing.
You can solve the problem by submitting an application to the housing department of the municipal authority. The application must reflect the request for renewal of the contract and the grounds for such a procedure. The most likely response from the municipality will be a written refusal. This refusal is an official document. You must save it by making a copy for yourself. Afterwards, documents are prepared certifying the relationship of the person who wants to re-register the contract in his name with the tenant of the apartment. After this, a statement of claim is submitted to the court, to which the collected documents are attached. Further, the contract is renewed on the basis of a court decision.
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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Agreement with the municipality
Government regulations of the Russian Federation approve a unified form of social tenancy agreement. This document contains information about the characteristics of the apartment provided, information about the citizens living in it, as well as the rights and obligations of both parties. If over time and due to changing circumstances it becomes necessary to make any changes to the contract, then this can be done in accordance with the requirements of the Housing Code of the Russian Federation, namely:
- Tenants of municipal housing living in it on the basis of separate contracts are given the opportunity to formalize them with a common document. So, if the citizens living in the apartment are not relatives and live in the same room under the conditions of a communal apartment, then when a marriage is concluded between such residents, it is possible to issue one document for two;
- After the death of the employer, each of the relatives registered with him can re-register his social tenancy agreement.
However, it is worth considering the conditions under which the contract can be terminated:
- Mutual consent of the parties;
- Confirmation of facts of gross violation of the terms of the agreement by the employer;
- Use of the apartment for other purposes;
- Impossibility of living in the premises due to its reconstruction, decision to demolish the building or transfer of a plot of land for state needs.
If the contract was terminated through no fault of the tenant, the municipality is obliged to provide this citizen with other housing.
Subsequent privatization
In accordance with the law, every citizen of the Russian Federation has the right to own public housing free of charge once, which gives the potential owner certain advantages. Municipal property can be privatized.
In the event of the death of the tenant, the procedure for privatization of residential real estate and registration of an apartment in the name of a new tenant does not change.
Under current legislation, a new tenant has the right to free privatization, and all residents or those who have expressed a desire can participate in this process.
To register ownership of a municipal apartment, the applicant/applicants must prepare the following documents:
- personal documents of all applicants - passport, birth certificate,
— documents for the apartment: all technical and cadastral documentation; certificates of all those registered; an extract from the personal account stating that there are no utility debts for this apartment; social rent agreement.
Actions after the death of a tenant
A social housing tenant has died. What to do? How to re-issue documents correctly? In the event of the death of a tenant, or if due to certain circumstances he leaves the apartment, his legal successor, with the consent of the remaining tenants, becomes an adult member of the family who enjoys respect and authority.
We suggest you read: How many appeals can be filed?
To appoint a new responsible tenant, the person applying for this role writes an application addressed to the landlord to the housing department, and family members express their consent in writing.
Each adult family representative must personally sign, or, in the absence of one of the persons included in the contract, there must be a notarized written consent to change the tenant.
Along with the application, a copy of the entry in the house register, passports of all residents (or copies of pages from passports for those who are absent) are provided.
Based on all the collected documents, an agreement is concluded with the new tenant, in which all residents are indicated. The housing department makes appropriate changes to the documents so that all payment checks are issued in the name of the newly appointed tenant.
Home inheritance
The owner of municipal housing is the state, so family members of the tenant cannot inherit it.
Persons who have a residence permit in a municipal apartment have the right to use it, even if the responsible tenant has died. It is necessary to re-register the social tenancy agreement for another family member.
In order to dispose of an apartment, it must be privatized, i.e. register ownership free of charge. Anyone who has permanent residence in it has the right to register ownership of a municipal apartment. However, family members can waive their right in favor of another relative.
