When real estate is used for rental, it can be provided to outside or relatives for living. Section 80 of the Housing Code gives a clear idea of who the temporary residents are, the rights and obligations of tenants and landlords. The legislative procedure indicates that citizens move into the apartment for a short period and cannot claim the right to own housing.
Who can become a tenant?
Temporary residents are people who do not have their own housing, they need a residence permit and a place where to return from work, to organize their life. If the tenant of a residential building practices its operation under a social contract of employment, he may provide a free apartment or part of it:
- to relatives;
- colleagues at work;
- friends
- acquaintances;
- strangers.
The rules of residence of temporary residents are described by the LCD:
- It is necessary to obtain permission from the whole family.
- Reduce time to stay if the area does not meet accounting standards.
- Duration of stay in the apartment depends on the desire of all residents.
When temporary residents move to housing on a commercial basis, the fee is negotiated in a special agreement between the parties.
The choice of accommodation
If the employer allowed his friend to live in the room for free, the law allows not to draw up separate agreements. The conditions, requirements and accommodation of temporary residents are based on an oral agreement. Only ten months can tenants live on the premises. When a room is rented out, tenants do not have the right to independently regulate issues related to the rules of operation of the premises. The employer will be the defendant for violation by any person of the norms of housing use
Order for registration
Registration of a temporary tenant is mandatory immediately after arrival. To do this, you need to contact the registration authority. In judicial practice, there have been cases when disputes arose, the initiators were landlords, employers and people with temporary residence. Registration is required by law, but it does not provide legal consequences. Owning and managing a social room due to registration is not possible. Residents are required to behave in the prescribed manner. Prohibited:
- antisocial behavior;
- damage to building structures;
- redevelopment of the apartment;
- unsanitary conditions.
Time limits
The term of residence of temporary residents is limited, for more than 6 months they cannot be in premises of a social type. At the end of the term, tenants must leave the apartment within a week. Employers or any family member can make such a request.
Eviction Procedure
If there was no preliminary agreement on extending the terms, the tenant may demand that citizens who were temporarily moved in leave the premises. Reasons for eviction:
- social employment agreement expired;
- the time agreed upon by the parties has come to an end;
- the requirement of all residents in the apartment;
- Legislation is violated.
If temporary tenants resist to leave the apartment, a trial will help after filing a statement of claim.
Rights and obligations
The law does not require concluding a contract of temporary residents with a tenant. The introduction of persons into the premises serves as the fact that a voluntary agreement has occurred between the parties on the gratuitous use of property and being in the apartment. Residents do not acquire independent rights for use. In the absence of tenants, only the tenant can pay for utilities. He is responsible for all the actions and behavior of his tenants in front of the landlord. Citizens living temporarily in a social apartment do not have any rights to it, and if the employer terminates his contract, they must also leave the premises.
What are the attributes endowed with the concept
Any legal fact, depending on the case, has its own characteristics. Article 80 of the Housing Code provides a basis for determining the concept of temporary residents on the grounds of:
- subjective composition of persons;
- temporality;
- absence at the place of permanent registration;
- place of actual stay;
- gratuitousness.
The subjective composition shows the citizens who provide housing, they belong to:
- the tenant together with adults living with him in the house of the state, municipal and specialized housing fund;
- property owners;
- Board of Housing Cooperative and its members;
- Administration of a hotel, sanatorium, rest house, boarding house, camping, hospital, tourist base.
Persons who rent premises for temporary residence:
- citizens of the Russian Federation;
- Foreigners;
- stateless people.
The criterion of temporality depends on the status of the tenant, if he does not have citizenship or a foreigner, they can stay in the building only 3 months, since they are granted a visa for 90 days. A sign of absence at the place of permanent registration means that a person for his separate reasons cannot be there:
- requires work;
- student;
- need treatment.
The basis for temporary residence and relocation to another area should not be affected. The fact that a citizen is not in the place of his permanent residence does not serve as a reason for demanding eviction from the premises. Such residents are registered, without deregistration, where they actually live. This position also applies to employers if they are temporarily absent from the apartment or someone from their family, their rights and obligations for social welfare do not change. It should be noted that there is a rule that limits the desire of individuals to reside or be in some places.
These include:
- border lines;
- military camps;
- closed administrative territorial entities;
- ecological zones.
By gratuitousness it should be understood that persons with temporary residence do not pay for the provided area. In this they differ from tenants who pay for services and conclude an agreement with them, where they indicate the period of their stay in the apartment. The features of such an arrangement include:
- the tenant agrees with the landlord on the transfer of part or all of the premises to another person, while the responsibility for paying utility bills and the proper condition of the apartment is not removed
- an agreement may be signed if the area norms per person are in compliance;
- the document is urgent and reimbursable;
- the citizen does not have preemptive rights to extend the contract.
To move in with similar conditions, you must obtain the consent of all residents, if it is a communal apartment.