A social tenancy agreement is a document that gives the right to use state or municipal property of a residential building. The Housing Code governs the rights of both the tenant and the landlord who have signed such an act.
How to get a social contract of employment and for how long is it valid? Who can apply for state aid and who should I apply to? These are frequently asked questions of people who do not have the opportunity to independently purchase or rent housing for living. Poor families with minimal incomes and without a place to live need to get acquainted with the possibilities of social assistance.
Social housing
An apartment under a social tenancy agreement is an opportunity to purchase living space for your own use on preferential terms. The rules and procedure for the transfer of such property is regulated by the law of the Russian Federation by chapters seven and eight of the Housing Code.
Federal and local law defines citizens who are eligible to purchase such housing. Obtaining public housing takes place in a live queue. To do this, you must submit documents and register.
The social tenancy agreement stipulates that after its conclusion it is possible to privatize the apartment on a common basis. This gives the tenant the opportunity to rent, donate, sell or exchange an apartment or house.
Who has privileges for social housing
Poor citizens who need an apartment have the opportunity to get public housing. Basic conditions for receiving assistance from the state:
- family members have not previously entered into a social employment agreement;
- if citizens or their family members have a living space less than the established norm;
- if citizens live in an apartment that does not meet the necessary requirements.
For a certain category of people, housing can be provided out of turn. These groups of people include:
- children who were left without parents;
- seriously ill people with a chronic form of the disease;
- people who live in unsuitable living spaces.
The right to receive an apartment from the state fund is reserved for people of a special category, which are determined by special federal laws. These include:
- people with the first and second group of disabilities;
- affected by the accident at the Chernobyl nuclear power plant;
- veterans of World War II;
- citizens who have lost their living space during a disaster or natural disaster;
- military personnel who were seriously injured in the service.
Social hiring agreement: how to get it and where to get it
On the basis of the decision on the transfer of living space for public rent, a contract is signed. You can sign and receive it in state bodies or in the municipality. It all depends on who provides social assistance. Such an agreement includes:
- Accurate landlord and tenant data
- transaction object data;
- A complete list of residents who will reside;
- rights and obligations of parties to the transaction;
- the conditions for termination of the contract are spelled out;
- signatures of both parties.
To conclude a contract, citizens must submit a certain package of documents. Required list of documents:
- Copies of documents of the whole family: birth certificates, passports, marriage certificates and so on.
- Certificate that confirms permission to issue an apartment.
- If citizens live in an emergency room, then an act must be presented on the demolition of the building or its transfer to a non-residential fund.
- Certificate from the home book at the place of registration of all family members.
- Bank statement on financial condition.
- An extract that confirms the absence of residential property.
After providing the required package of documents, a receipt will be issued and a date is set for the conclusion of the contract.
Features of the contract and types of housing
Living quarters provided under social tenancy agreements cannot be shared rooms or uninsulated living quarters. The living space includes:
- A house or half a house.
- Apartment or half the apartment.
- A room in an apartment or house.
According to the employment document, the living space is transferred from the owner to another person for temporary use for an agreed fee. Two parties appear in the transaction:
- Landlord - homeowner. If this is public housing, then the owner is the municipal housing or state fund.
- A tenant is an individual who will live in an apartment or house and pay a certain payment for it.
The social contract must indicate the object of the transaction. The agreement should indicate:
- complete housing data for social recruitment;
- exact address, square area and floor;
- an accurate description of the room itself and the objects that are in it.
Termination
The term of the social employment contract is not established and is unlimited in accordance with the article of the sixtieth Housing Code of Russia. But there are situations when the lease terminated legally. A resident who has rented a dwelling may at any time terminate the transaction and move to another place of residence. The owner can terminate the contract, guided by the circumstances:
- If the living person uses the rental space for other purposes.
- If there is a violation of the rules of residence and disturbance of the surrounding residents.
- The social tenancy agreement (under the Housing Code) provides for termination if the tenant does not pay for housing for six months.
- Utilities are not paid for six months or more.
- The contract is also terminated in the event of the death of the tenant or if the living space becomes emergency for living.
Living space for the poor
The size of the dwelling is determined in accordance with Article 50 (part one and two) of the Housing Code. The norms of social housing are set by local authorities. For each tenant, a living space with an appropriate area is provided in accordance with the law. The size of the area depends on the number of people living:
- 33 square meters are provided for one resident;
- for two residents - 42 square meters;
- for three residents and more, 18 square meters are provided for each resident.
The square area of the premises can be reduced by ten percent if the necessary living space is not available.
Required payment
How to get a social contract of employment and how much do you have to pay monthly? General rules exist for all tenants, if the living space is for commercial use, social rent or free use. Residents must pay timely utility bills, make payments for maintenance or repair.
Commercial rent does not have preferential discounts on utility bills, and housing payments are much higher than social rent. If a contract for gratuitous use has been signed, then at the time of payment of utilities, tenants can take advantage of discounts and benefits. Residents do not pay for the living quarters. The rental fee under a social contract provides benefits and discounts on utilities and housing.
Rights and obligations of the employer
Obligations and rights under a social contract of employment are prescribed for both parties. Article sixty-seventh of the Housing Code of the Russian Federation regulates the rights and obligations for a tenant. Employer Responsibilities:
- Use the living space exclusively for its intended purpose.
- Keep the premises and property in it safe and sound.
- Maintain the apartment in good condition.
- Repair if necessary.
- Pay timely and full money for rental housing.
Tenant Rights:
- To lease.
- Instill in the apartment of persons not specified in the contract.
- Require the landlord to fulfill the contract.
- Allow others to temporarily reside.
- Make an exchange of housing.
Rights and obligations of the landlord
Article sixty-fifth of the LC RF regulates the rights and obligations of the owner. Responsibilities:
- Provide the tenant with free space.
- Qualitatively provide utilities.
- Repair if necessary.
- Participate in the life of the house.
Rights of the owner of real estate:
- Receive timely payment for housing.
- Demand payment of utilities.
- Claim compensation for damage caused to property or premises.
According to the social hiring transaction, additional rights and obligations may be indicated for the two parties.
Necessary steps to get an apartment
The social contract is drawn up, how to get housing? There is a special algorithm of actions that you need to go through to get housing under a social hiring contract. Sequencing:
- Needy resident to register for housing.
- Obtaining a written decision on the provision of an apartment.
- Collection of the necessary package of documents.
- On the basis of the contract move into the apartment.
By law, such housing is provided to a resident in the same area in which he has a residence permit.
Social tenancy agreement: how to get social housing in Moscow
The contract is the main document for the rental of housing. An order is a document that only establishes privileges to use. An order without a contract does not confirm the legal ownership of the social premises.
The Moscow Department of Housing and Politics acts as a landlord (only in Moscow). Since 1999, they have been signing a social contract with Muscovites. Without signing such a document, Muscovites will have problems with the Housing and Operational Control and other state bodies. Without this document, a resident person will not be considered a legal employer.
In accordance with the law, the Moscow Department must ensure that citizens who have warrants or other acts of use ensure the registration and conclusion of a social housing transaction on behalf of the city of Moscow.
Eviction of residents from social rental apartments
To evict a tenant from a social apartment, you must go to court. Eviction Options:
- Replacing a living room with more comfortable living conditions. Such a situation arises if the house is subject to demolition, if it is necessary to move the residential premises into non-residential premises, or if the house requires complete reconstruction. In addition, if the premises are required by law to be given to a religious organization.
- Resettlement to the hostel, if the size of the room will meet the requirements of the law.
- Eviction without housing. This situation may occur if the resident and his family use the apartment or house for other purposes, violating the legal rights of neighbors. Without providing other housing, they can evict parents who have lost parental rights.
There are no other options for eviction.