Most older citizens live in apartments that are not their property. Because the housing provided by him for possession and use is in social rent, that is, belongs to the state. In turn, many young people, due to a lack of funds to buy their own housing, are forced to rent an apartment with the same citizens as themselves (only the owners). Read more about all this in our article.
Highlights
Sometimes in life everything does not turn out as we would like, and the opportunity to buy your own home becomes just a dream, which can come true only after many years. Nevertheless, there is a way out of this situation.
Poor citizens of our country can get housing in social rent. After that, people will be able to live in their apartment (although the owner will be the state or municipality) and simply pay for utilities.
As a rule, housing for social rent is provided to citizens indefinitely. But the contract must include all the people who are considered relatives of the employer. This is the order.
Definition
A tenant of a dwelling is a person who has been provided with housing on a social or commercial basis for use and ownership. An order (for example, selling a house) in this case is not allowed. In addition, housing should be used exclusively for its intended purpose and on the conditions specified in the contract.
It should also be noted that the employer should only be an adult citizen who acts in the interests of his family. Therefore, the latter can live in an apartment with her husband, children, wife, parents.
Important
So, the tenant of a dwelling is a person who is given an apartment, a house, a room for use. The basis for the commission of such legally significant actions is the execution of a contract of commercial or social hiring. In the latter case, only a Russian citizen can get housing.
Legal entities, in turn, have the opportunity to sign a regular civil contract with the owner of this housing. After which the organization receives an apartment or house in a commercial lease for a certain period of time.
According to law
Many citizens of our country live in apartments that were transferred to them for use without specifying a time limit, but are nevertheless considered the property of the municipality. This mainly applies to persons of the older generation. Therefore, many of them are interested in the question of what rights does a tenant of a dwelling acquire under a social contract of employment?
First of all - this, of course, is the possibility of using the apartment for permanent residence. In addition, according to article 67 of the LC RF, a citizen can move other people into the premises or make an exchange of housing, but only in the manner prescribed by law. This means that without the consent of the owner (municipality or state), such actions of a citizen will be considered illegal.
What other rights are provided?
An individual who has the status of a poor person and who has received an apartment for social rent is a tenant of a dwelling who has the opportunity to live in it together with family members.
Also, the specified citizen has the full right to transfer housing in a lease to another person for a certain period of time. But the latter can do this with the consent of the landlord (the owner of the apartment - the municipality or the state). In addition, it is necessary to obtain the consent of family members. It is important that after the transfer of housing in a rent for a fee, the total area of the apartment should be no less than the required square meters for each citizen living in it.
Overhaul
In the case of transferring the apartment to social rent, the homeowner must provide the person and his family with appropriate living conditions in it. This is the order.
In addition, the tenant of a dwelling is a person who has entered into a lease agreement with local authorities and is able to demand a major overhaul in the occupied housing, as well as proper participation in the maintenance of the property of the apartment building.
In other words, all expenses except heating, electricity and gas will be borne by the owner only. It is necessary to indicate here that the tenant of the housing should not make any contributions for the overhaul, because this is the responsibility of the owner of the municipal housing.
Characteristic
So, the tenant of the living space - who is it? It can be both an individual and an organization.
If we are talking about social hiring, then the employer will be only a citizen who does not have his own home, preferably family and poor. Otherwise, it is unlikely that anyone will allocate an apartment for use by a person.
Commercial hiring is made out not only with a citizen, but even with an organization for a specified period of time and for a fee. For example, an enterprise rents long-term apartments for employees who come to work on duty. The maximum validity period of such an agreement is five years, while the transfer of housing to social rent is carried out without specifying a period.
Responsibilities
Many citizens are wondering: "The tenant of a social housing tenancy - who is this?" By law, it can only be a fully capable person. If a citizen has children and a wife, then they are members of his family and should be included in this agreement.
In this case, it is also necessary to indicate that the tenant not only owns and uses the municipal apartment, but also bears certain responsibilities:
- makes a monthly housing fee;
- carries out maintenance (changes wallpaper, paints windows, doors);
- uses housing only for its intended purpose;
- ensures the safety of the apartment.
This is stipulated in article 67 of the LC RF.
Termination
It is possible to terminate the social loan agreement at any time by agreement of the parties. Most often this happens in cases where a person no longer needs municipal housing (moved to another city, received an inheritance, bought an apartment himself). Nevertheless, a tenant of a living space under a social contract of employment may terminate the contract only after obtaining the consent of his close relatives living with him.
Commercial hiring
In this case, the homeowner can rent his apartment not only to a citizen, but also to a legal entity. Nevertheless, the execution of such an agreement does not mean at all that the dwelling is transferred to another person or organization for carrying out entrepreneurial activity. The maximum validity of a commercial lease is only five years. After this time, the person may again conclude such an agreement.
Payment for the use of housing is established by agreement of the two parties. This order.
Any person, even a stateless person, can be a tenant of a living space under a commercial lease agreement, because the owner has the right to transfer his apartment for use for a certain period to that person who agrees with all the conditions of the landlord and will pay for the rented house on time.
If the contract does not indicate its validity period, this means that it is concluded for 5 years.
Thus, the tenant of the premises under the contract of commercial rent has the right:
- after obtaining the consent of the landlord to settle in other people's housing for permanent residence. The exception here is children under 18 years of age (they move into the apartment without the consent of the owner);
- allow temporary (up to six months) accommodation of people free of charge (after notification of the landlord);
- rent an apartment in a sub-apartment, only with the consent of the owner.
It should also be added that the parties after the conclusion of the contract of commercial lease acquire not only certain rights, but also obligations. This is the law.