Thanks to Art. 31 RF LC provides a clear understanding of all possible rights, duties, functions and other features of the residence of a large number of people in a certain living area. In general, it simply establishes by law the opportunity to negotiate and resolve its disputes in an adequate manner, however, if necessary, the case can go to court, where after careful consideration the right and the guilty will be identified. Usually after this, further living together becomes at least uncomfortable, although it may be more true from the point of view of laws. In the vast majority of cases, they resort to this method even in situations where the resolution of the problem is not possible on their own for a number of reasons, such as a divorce, a serious conflict of interest, monetary problems, and the like, which do not imply concessions on one or the other side.
What is regulated by Article 31 of the LC RF
Art. 31 LCD RF regulates the process of relations that arise between the direct owner of the premises, as well as all the people who live there. And this concerns both family members and other possible residents. They have their own responsibilities, rights and opportunities, which must be separately specified.
Agreements can take any accessible form, even verbal, but if this is most often true for loved ones, then it is recommended that an outsider conclude a separate agreement in which he should list everything that he can or must do, all requirements, conditions and the like elements. In some cases, this helps to successfully resolve the dispute in favor of the tenant, but most often under Art. 31 LC RF, the judicial practice is such that the owner is still right.
Nevertheless, a detailed understanding of the characteristics of the relationship when living together has a positive effect on life and can prevent a number of unpleasant situations that can significantly harm both the relationship and the life of all people who are constantly in the same room.
Item 1. Who is considered a family member
P. 1 Art. 31 LCD RF describes a circle of persons who may belong to the owner's family. In the future, understanding this will allow us to more accurately navigate the features of the law. So, unambiguously family members are considered the spouse or spouse, as well as the children and parents of the owner. For example, the child of the second half from another marriage does not belong to this list, just like her mother and father.
Nevertheless, any other relatives (both close and distant) and other citizens related to the owner in one way or another can be considered part of a large family if the owner agrees to this and initially settled them in a room with this status. For example, the mother of the spouse, according to Part 1 of Art. 31 LCD RF, may not be included in this composition. However, if she permanently resides in the owner’s living quarters with his consent, then she can also be considered as one of the family members.
It should be borne in mind that the same can be done with respect to absolutely strangers such as best friends, colleagues, and similar personalities, but the owner must be sure of them, these citizens should enjoy great trust, and so on. Otherwise, complex, controversial or even dangerous situations may arise, which should be avoided using information from the RF LC Art. 1-31.
Item 2. Rights and obligations of family members
This section is just a consequence of the previous one, as it indicates what family members can or cannot do . So, in accordance with Part 2 of Art. 31 of the RF LC, by default they have the same duties and rights that the owner has, they can use everything that he uses, provided that the dwelling is preserved and there are no other agreements.
That is, for example, the children of the owner can still be the same as himself. At the same time, the possibility of concluding additional agreements, which can regulate in more detail the features of everyday life, is immediately indicated. The simplest example may be an oral agreement between spouses that he is responsible for cleaning the apartment, and she washes the dishes. Naturally, this is rarely recorded by all the rules on paper, but even a simple conversation about the like for the court can be quite enough.
There are more complex options for relationships, when people, officially being members of the same family, are actually strangers to each other, this is Art. 31 LCD RF also provides. There may already be rules regarding the use of the kitchen, toilets, a ban on visiting a room of a person without his presence, and so on. In such a situation, drawing up contracts in paper form is no longer uncommon, since everyone considers himself entitled to protect their own rights (obligations are rarely remembered).
Item 3. Rights and obligations of legally incompetent family members
This part of the law is not very kind. Its essence lies in the fact that regardless of whether a person who is part of the family is legally capable, he still has the same rights and obligations as any other. In general, the right decision, but subject to an adequate unit of society. If everything is normal and correct with rights, then here are some responsibilities that, according to part 3 of art. 31 LCD RF, must be performed, may simply be inaccessible to a legally incapable person. As a rule, no one demands from a disabled person that he will act in exactly the same way as a healthy person, but this point does not play a special role for the court.
In general, in practice, certain concessions are taken into account, but here a lot depends directly on the owner. An example of this can be considered one of the parents, who, due to his venerable age, simply does not have the ability to do any specific homework or at least do it as often as necessary. A normal owner will sympathize with the problem and the fact that he will have to do all this. But some owners may, referring to the law, force a disabled person to fulfill all duties, regardless of whether he can or not.
P. 3 Art. 31 RF LC also takes into account the possibility of concluding additional agreements on the distribution of all the possibilities of such citizens. For example, a person with disabilities can do more of the work that is available to him, and the rest will be evenly distributed among the rest of the family. That is, the same grandfather can constantly wash the dishes, but will never participate in cleaning the room.
Item 4. Rights after a divorce
This is the most discussed part of the law, as it regulates the relationship between the parties, which, due to certain circumstances, ceased to be one family. The simplest example is the divorce of spouses. In such a situation, according to paragraph 4 of Art. 31 of the RF Housing Code, a person who is no longer part of this unit of society, but who previously lived on the same living space with the rest of the family, should, in theory, be evicted. But there are many reservations.
So, by mutual agreement, often written, a person can continue to stay in the same apartment as before. This is quite a rarity, because most often the former spouses do not get along very well with each other in order to try to at least conditionally establish their future life.
In any case, if no longer a family member has the opportunity (financial or any other) to purchase a separate apartment or other housing, a court decision may even be required not to be evicted. This is part 4 of art. 31 LCD RF also takes into account. Usually it has a certain period of validity and cannot be unlimited. It is understood that in the specified time a person will be able to find an opportunity to purchase real estate or rent it for use as a further habitat. Usually this happens in situations where the spouse acts as the homeowner, because otherwise, according to the law, alimony can be assigned, under which the former spouse agrees to purchase a separate living space so that the other half can move there. It is not entirely fair in terms of tolerance, but this is a common fact.
Most often, such a requirement to fulfill part 4 of Art. 31 of the RF Housing Code arises in situations where children remain with the person who is being evicted. Theoretically, alimony can be paid by a woman in favor of a man, if he is left with nothing and with their common offspring, but this is a very big rarity that practically does not occur in practice.
Item 5. When the time limit has expired
This paragraph describes a situation in which the person referred to in the previous paragraph is deprived of the right to use the premises. So, the simplest and most understandable situation is when the period of temporary residence has expired.
For example, a certain citizen by a court decision was allowed to live in the same apartment as before, for a year. During this time, he had to find his own real estate or the possibility of renting it. 12 months are over, and he is obliged to leave. Nobody cares where. There is a reservation. He can independently agree with the owner of the property on what conditions it will be possible to continue living, and stay there. This person can pay for the right to use the apartment, perform certain types of work in exchange for maintaining his tenant status, and so on.
There are two more options in which the right to use the premises terminates prematurely. One is the disappearance of obstacles, which at one time were the basis for the court. That is, Art. 31 LCD RF implies that there are certain circumstances because of which a person simply does not have the opportunity to move out. For example, quarantine in the city, the conduct of hostilities in his homeland, and so on. The final option is the complete cessation of ownership of the owner. The simplest example is an apartment sold. Regardless of other other circumstances, all previously residing in it, for any reason, are obliged to move out as agreed with the new owner.
Item 6. Arrangements between former family members
This paragraph is one of the two shortest in this article. According to Art. 31 LC RF, judicial practice implies that the status of a former family member should in no way affect his rights and obligations. That is, it is impossible to force a person to perform certain types of work forcibly for the right to be in this apartment, unless it is agreed upon between the owner and tenant by a separate agreement and is part of the rules of residence. All these features are indicated in paragraphs 2 through 4 of the described article of the law.
For example, one cannot force a person to wash dishes both for himself and for the owner simply because he lives here. But if you agree that the dishes will really be entirely on his conscience, and instead the owner will wash the floors everywhere, this already looks like a win-win deal, which is acceptable. Nevertheless, there may be other types of arrangements under which one person will do absolutely all the homework, but will not pay for housing or receive any other types of reciprocal advantages over other residents.
Item 7. Other arrangements
This is the second short paragraph, which for the most part relates to options with removable housing. He points to the fact that the agreement between the owner and the tenant of the agreement in all its points is binding. It follows, if we take the letter of the contract and the law as a basis, that the tenant is obliged to perform only those actions that are described in the agreements, and has only those rights that are included in them.
The most common option is to fully enjoy all the benefits with certain exceptions such as not visiting the owner’s room, inability to carry out repairs, refusal to redevelop, and so on. That is, everything that is not required for a comfortable stay, but may be needed in rare situations. It also happens that the wishes of the tenant on a reimbursable basis are taken into account.
For example, he can independently acquire one or another technique (for simplicity - a microwave), which will be used both by himself and by the rest of the inhabitants. In exchange, a fee is reduced for a certain period of time, a person is freed from any duties, and so on. Everything here is completely based on existing agreements, which are recommended to be discussed at the stage of initial negotiations.
Owner
Art. 30, 31 of the LC RF also regulate the capabilities of the owner of the premises. In particular, most of them are written in the 30th article. In short, the owner has the right to live in the building, instill other people into it, but at the same time he is obliged to take into account the interests of neighbors (not to make noise, not to litter, etc.), to pay for utility services and the like on time. For the most part, these are reasonable requirements, which no adequate person has claims to, because everyone would like to live so that the neighbors do not interfere and everything happens on time. But, unfortunately, in many situations, other residents of the house behave as if nobody else lives here except for them. In such a situation, it may even be necessary to call the police, although under certain conditions it is enough to simply ask to behave as it should.
Summary
If we summarize all of the above, we can conclude that in most cases, in order to establish comfortable relations between different people, it is enough to simply conclude some agreements in writing or verbally. Provided that both parties understand all the responsibility, this is enough to normalize life. Otherwise, you will have to use the services of a court, which, having considered all the features of the case, will make the only right decision, binding on all parties to the conflict.
This is a relatively rare situation, if you do not take into account the process of divorce, which implies certain conflicts. Nevertheless, it should be taken into account and understood by those living in the same living quarters. Many recommend even in personal relationships to draw up and sign mutually beneficial agreements in advance, which will feature all the features of everyday life. This may seem strange or even unacceptable, but in fact, although the process is not very pleasant psychologically, it solves a lot of possible conflicts even before they start, preserving the cell of society.