Art. 671 of the Civil Code of the Russian Federation opens the topic of renting residential real estate or renting residential premises, if the provisions of the law are exactly repeated. What is its essence? What is the difference between renting and hiring? Let's consider what rights a legal entity has in this area.
Housing Forms
Art. 671 of the Civil Code of the Russian Federation - the first in a chapter on the transfer of housing for temporary use to other persons.
In the housing complex there is a construction of social hiring, but it was created to provide housing for people in need who are not able to do without the help of the state. And it cannot be said that the municipality or the state and the employer in equal terms of social employment are equal figures.
Rent or hire
The wording of Art. 671 of the Civil Code differ from what is said about the lease. Rental of housing is the transfer by the owner of a dwelling to the possession and use for the purpose of living. Payment for use is envisaged.
A lease is a transfer to a temporary possession and use of a room or structure by a lessor. Payment is mentioned in subsequent articles.
Parties to the agreement
Art. 671 of the Civil Code indicate the owner of the dwelling. On behalf of such transactions, a representative by proxy or a person performing the functions of a guardian or trustee has the right to conclude.
The owner is a person who, through a transaction or by inheritance, acquired an object by right of ownership.
The property is considered acquired after registration of the transaction in Rosreestr. Legal persons are also entitled to act as owners. There are no restrictions on the organization in this case. They are equal with people in the use of their property. Most people rent housing.
At the same time, if the right of ownership is not registered or registration was carried out according to previously existing rules, this does not affect the ability to dispose of the property, transferring it to use.
Replacing a party to an agreement
The extension of a previously concluded contract with another person is permitted if one of the persons instilled with the first tenant becomes the new tenant. It must at this moment reach adulthood and be capable. Other residents must give their consent. If it cannot be achieved, then all those who continue to live indoors become co-tenants on equal terms.
Replacing a person acting on the side of the employer is assumed if the person dies or is evicted.
The introduction of other persons
In addition to the tenant, persons who permanently live with him are entitled to move into the premises. Most often this is a family (spouse, children, other relatives living on a permanent basis). It is not forbidden to instill on this basis other persons who are close (meaning cohabitants).
For the introduction of persons who do not reside permanently, the consent of the landlord is already required. In order to instill a child, regardless of the degree of kinship with him, consent is not necessary.
Agreement object
In Art. 671 of the Civil Code of the Russian Federation with comments, attention is paid to the concept of a dwelling. In this quality we mean a house, apartment, room, other isolated room suitable for permanent residence.
Its difference from non-residential premises is in compliance with a number of requirements. In simple terms, housing is provided with access to communal resources (water, electricity, heat). In the living room there should be space for the kitchen, bathroom and bath or shower. Housing is considered suitable if its size meets the minimum requirements.
The listed features of the dwelling are taken from the provisions of the Housing Code and other regulatory acts.
Terms of Use
In paragraph 1 of Art. 671 of the Civil Code of the Russian Federation indicates the transfer of property into possession and use for the purpose of residence. What does this mean? Owning and using in a hiring situation means the possibility of living in an apartment or house.
How these points are implemented, the parties decide. What is it about? For example, who except the landlord has the right to move into the premises? Do third parties who are not members of his family have a similar right?
Who pays for capital and current repairs? How are utility bills paid? The parties have the right to stipulate other conditions at their discretion. For example, does the tenant have the right to use the apartment or house not only for living, but also for professional activities, if it does not harm the premises? So, hairdressers often use their housing as a place of work.
Hiring payment
The size and form of payment are determined by the parties to the agreement. Some owners reduce fees in exchange for repairs or other services. Private housing is transferred for a fee that is similar for similar properties in a particular area.
The law may establish a maximum amount of living expenses. Payment is due at the time specified in the agreement.
If this issue is not resolved in the agreement, the provisions of the Housing Code of the Russian Federation are applied. That is, money is deposited to the account or transferred no later than the 10th day of the month following the past month. For example, a fee for February is paid no later than March 10th.
The listed provisions taking into account part 2 of article 671 of the Civil Code of the Russian Federation equally apply to ordinary people and legal entities.
Modification of the terms of payment is allowed with the simultaneous consent of both parties. The homeowner is not entitled to change it at his discretion. An exception is the conclusion of a new agreement with the same employer.
Features of employment by legal entities
In h. 2 Article 671 of the Civil Code of the Russian Federation indicates the right of organizations to rent housing on a common basis. It is transferred to the possession and residence of citizens for residence. The agreement may be concluded on a rental or other contract. The law established the only restriction - the premises are used exclusively for living. A resident or organization representatives there are not entitled to engage in any activity.
Other provisions of the contract
Art. 671-688 of the Civil Code of the Russian Federation pay attention to other issues: the form of the agreement, the rights and obligations of the parties, other people living in the room. The issues of the term of the agreement, the pre-emptive right to conclude a new agreement and the procedure and grounds for terminating the agreement have been resolved.
The law proposes to make a choice from the available options or to formulate a clause of the agreement at the discretion of the parties to the agreement.
To summarize
The subject of the agreement is residential premises. It is intended for living only and is privately owned. If the premises are non-residential or the property of the state, this is already either a rental or social rent.
Chapter 35 discloses the basic rights and obligations of the parties, the procedure for paying for hiring, repair, and other conditions. Parties have the right to choose other options for wording that do not contradict the law.