Preservation of a tenancy agreement for social housing stock upon transfer of rights to housing or change of landlord

What to refer to in the contract

Close relatives of the employer who live with him are initially included in the social tenancy agreement, according to which they receive the same right to use it and participate in privatization if it is carried out.
In other words, citizens registered on a permanent basis and included in the contract have the same rights as the employer himself. Categories of close relatives of the employer:

• Spouse;
• Biological and adopted children;
• Parents and adoptive parents;
• Other dependent relatives.

If initially the tenant did not have a family living with him in the municipal apartment, or lived there only with his parents and neighbors, then in the future, in order to register a new tenant, it will be necessary to obtain the consent of all registered persons for this procedure. The only exceptions are minor children, who are registered regardless of the opinions of other residents and the number of square meters of living space.

In addition to the consent of all residents to register an adult, you will need to obtain permission from the landlord, that is, the municipal authority. Without all the necessary documents, the migration service will simply refuse registration on completely legal grounds.

The concept of social hiring

What does social hiring mean? Unfortunately, the state or territorial housing stock is not so developed as to provide square meters for everyone. Therefore, the opportunity to obtain social housing is not given to everyone. This right belongs to:

• persons who took part in eliminating the consequences of the Chernobyl disaster;
• World War II veterans;
• disabled people of groups 1 and 2.

Orphans released from orphanages and boarding schools should be provided with social housing in the first place.

They are allocated one-room apartments with a small living space.

The size of the living space and the number of rooms for family tenants are calculated in accordance with the standards approved in a particular municipality.

Social rent allows you to live and use all utilities within a certain living area. But neither the tenant nor other tenants have the right to sell it, give it away, or bequeath it by inheritance.

What should the relatives of the deceased do?

It is advisable that the contract with the housing stock be redone during the life of the main tenant. Although his family members enjoy the same rights, the contract is concluded with only one person. And if the heir receives full status in the social tenancy agreement in advance, then you can immediately begin the procedure for privatizing the apartment.

But death is unpredictable, so only a few people are suitable for this option. If the death of the tenant took his relatives by surprise, then there is only one option to register and inherit a non-privatized apartment - to have it registered. Persons registered in a non-privatized apartment are the only ones who have the right to draw up a new contract without waiting in line. If the heirs did not live and were not registered in the apartment, by law they do not have the right to claim it. Such an apartment is automatically transferred to those on the housing waiting list. But you can start drawing up a new contract.

Transfer of property

Living and using an apartment obtained as a result of concluding a social tenancy agreement imposes very strong restrictions on the rights to dispose of this real estate. That is, in fact, the tenant is not its full owner and does not have any title documents other than those that give him the opportunity to live in this residential area.

Tenants do not have the right to sell, donate or bequeath municipal housing even to their closest relatives, since this property is owned by the state and not their personal property.

After the death of the tenant, a municipal apartment does not lose its legal status and continues to belong to the state or municipal body. Referring to Article 82 of the Housing Code of the Russian Federation, each member of the family of a deceased tenant, being an adult and fully capable, has the right to request the renewal of a social tenancy agreement in his own name on exactly the same conditions.

If no family member lived with the tenant in a municipal apartment or was registered there, the municipality has the right to give this housing to any other person by concluding a social tenancy agreement with that person.

Despite the privatization that has been going on for almost 25 years, many citizens currently live in apartments belonging to the state housing stock of various levels.

A non-privatized apartment cannot be inherited.

Can relatives of a deceased council tenant claim any rights to this property?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please contact the online consultant form on the right or call the numbers below. It's fast and free!

Tenants of apartments in municipal, state and other housing funds are given broad powers to fully use the housing provided:

• Provide an apartment for residence of any citizens, subject to compliance with the norms of the Housing Code of the Russian Federation, including subletting the apartment;
• Exchange housing with another tenant;
• Receive free of charge services for major repairs of both residential real estate and common property;
• Receive necessary utility services on a reimbursable basis.

In turn, the tenant undertakes:

1. Use the housing for its intended purpose, that is, for living;
2. Carry out the necessary repair work and maintain the operational condition of the property and the communications located in it;
3. Pay rent for an apartment and reimburse the costs of consumed utilities.

When trying to find out, if the apartment is not privatized, who will get it after the death of the owner, you need to take into account that the premises are in use by a citizen. This significantly limits his rights to dispose of real estate.

The tenant and his family members will not be able to perform the following actions with municipal housing:

• sell an apartment;
• donate premises;
• bequeath an apartment.

The fact is that, even if the tenant used the apartment, the municipality continues to be its owner. After the death of the lessor, the status of the premises does not change. It still continues to belong to the municipality.

If members of his family did not live in the apartment with the remaining citizen, the property under the agreement will be transferred to any other persons who have the right to the premises.

We suggest you read: How six months from the date of death are calculated for inheritance

Rights and obligations of the employer

Although tenants do not have the right to sell a non-privatized apartment after death or transfer it into ownership to other citizens, the state or municipality provides broad powers in relation to rented housing.

The tenant has the right:

• give the right of residence to other citizens, including on a sub-tenant basis, if this does not contradict the legislation and the Housing Code of the Russian Federation;
• exchange housing for a similar one from the municipal fund, in accordance with Article 72 of the Housing Code of the Russian Federation;
• use the service for major repairs of housing and common property without additional payment;
• use paid utilities provided by the landlord through service organizations.

Along with the rights, the tenant has the following responsibilities:

1. Use the provided apartment according to its purpose (for living).
2. Repair and monitor the technical serviceability of housing and communications connected to it.
3. Pay fees for the rental service and for received utilities in a timely manner.

If the tenant lived in the apartment with his family, they must be taken into account in the social tenancy agreement governing the use of the premises. Family members living at the address of the municipal apartment retain the same rights as the main tenant. Such persons include spouses, children, parents, dependents, and other relatives who live with the family.

• Where and how to discharge a deceased person from an apartment?

To register new residents, the consent of the remaining relatives whose names are indicated in the social tenancy agreement must be obtained. If the tenant wants to register other citizens who are not family members, he will have to ask permission from the landlord, i.e. at the municipality. The latter has the right to refuse registration of new residents if more than the required number of residents live in the apartment.

The exception is minors and children of those who already live under a social tenancy agreement. They will not require permission for registration and move-in.

Who is the employer?

Who is a social housing tenant? The concept of a responsible tenant has become somewhat outdated. In the latest edition of the Housing Code of the Russian Federation, a different term is used - tenant of residential premises. This becomes a family member to whom the municipality provides square meters for social rent.

He enters into an agreement with the housing committee. The tenant is responsible to the landlord for the fulfillment of all terms and conditions of rental by the tenants. All payment receipts are issued in his name. In fact, he becomes the owner of the living space entrusted to him.

Agreement with the municipality

Government regulations of the Russian Federation approve a unified form of social tenancy agreement. This document contains information about the characteristics of the apartment provided, information about the citizens living in it, as well as the rights and obligations of both parties. If over time and due to changing circumstances it becomes necessary to make any changes to the contract, then this can be done in accordance with the requirements of the Housing Code of the Russian Federation, namely:

• Tenants of municipal housing living in it on the basis of separate contracts are given the opportunity to formalize them with a common document. So, if the citizens living in the apartment are not relatives and live in the same room under the conditions of a communal apartment, then when a marriage is concluded between such residents, it is possible to issue one document for two;
• After the death of the employer, each of the relatives registered with him can re-register his social tenancy agreement.

However, it is worth considering the conditions under which the contract can be terminated:

• Mutual consent of the parties;
• Confirmation of facts of gross violation of the terms of the agreement by the employer;
• Use of the apartment for other purposes;
• Impossibility of living in the premises due to its reconstruction, decision to demolish the building or transfer of a plot of land for state needs.

If the contract was terminated through no fault of the tenant, the municipality is obliged to provide this citizen with other housing.

Dear readers!

Our articles talk about typical ways to resolve legal issues, but each case is unique. If you want to find out how to solve your specific problem, please contact the online consultant form on the right →

It's fast and free! Or call us by phone (24/7):

If you want to find out how to solve your particular problem, call us by phone. It's fast and free!

Consolidation of social tenancy agreements in connection with the creation of a family

Clause 1 of Article 82 of the Housing Code of the Russian Federation provides for the possibility of uniting citizens living on the basis of different social tenancy agreements in different rooms of the same apartment, under a common agreement, according to their will. Such a legal procedure is carried out at the request of interested parties, by concluding a single social tenancy agreement in the prescribed manner.

Citizens will continue to live in the same apartment, but the legal basis for residence will change. An important condition for concluding a general agreement, without which an agreement is impossible, is the unification of citizens into one family. Previously, the country's housing law allowed the conclusion of a single rental agreement for citizens in the process of starting a family; the law used the term: “uniting” into a family (see Article 87 of the RSFSR Housing Code). The modern Housing Code of the Russian Federation requires the already accomplished fact that citizens create one family in order to merge their social tenancy agreements into a common one. Typically, this right is enjoyed by persons who have become spouses.

Rights and obligations

All adults moved into an apartment provided by the territorial housing commission for social rent are given equal rights to reside in the occupied apartment.

All capable and partially capable tenants bear the burden of obligations to the landlord equally. When drawing up a contract, all future residents are included in the document. Members of the tenant's family are considered to be his spouse, children and parents.

Even if one of the residents has terminated family relations with the tenant (for example, during the divorce of spouses), but still lives in the specified apartment, he does not lose his rights to this housing, and also bears certain obligations in relation to this living space.

If the employer dies or for some reason refuses to fulfill his obligations, the rental agreement is not cancelled.

The powers of the owner of the living space are transferred to an adult and capable representative of the family, with the consent of the other adult residents. A new version of the agreement is concluded, which indicates changes in the composition of the family.

You can find out in what cases it is possible to terminate a social tenancy agreement in our other article.

Grounds for alienation of residential premises

Ownership rights to housing arise as a result of privatization, donation or inheritance, under a contract of exchange, purchase and sale, etc. The change of owner and transfer of ownership of property is carried out through the following transactions with residential premises:

• carrying out purchase and sale;
• exchange;
• donation;
• rent;
• inheritance.

To confirm your ownership of housing, you need to have the appropriate title documents, the composition of which depends on the basis on which the residential premises were obtained.

Re-registration procedure

The re-registration of a social tenancy agreement after the death of the tenant of the apartment takes place directly in the municipal local government authorities, which are authorized to deal with housing issues in a given locality. In some cases, it is possible to renew the contract through the Multifunctional Center if this institution provides similar services in a given locality.

Before contacting one of the institutions listed above, a citizen who lived in a municipal apartment with a now deceased tenant must:

• Agree with other residents that the contract will be reissued in his name;
• Discharge a deceased tenant from the apartment by contacting the migration service at the location of the residence and providing a death certificate;
• Prepare the required papers for renewal of the contract.

After the preparatory stage has been completed, a new agreement is concluded. A copy of it should be provided to the management organization so that appropriate changes can be made to the personal account for payment of utility services.

In the event that residents are unable to independently come to a decision about to whom the contract will be renewed, the issue must be resolved in court.

A non-privatized apartment must be re-registered after the death of the owner. The action is carried out by an authorized body at the regional level. In a number of situations, it will be possible to complete the procedure through the MFC.

Before contacting an organization, you must perform a number of actions, the list of which includes:

• decide on the person to whom the contract will be renewed;
• prepare the necessary documents;
• deregister the deceased tenant of the apartment.

Then a social rent agreement will be concluded with the new employer. The paper will need to be submitted to the management organization in order to make changes to the personal account. If relatives cannot independently decide who will become the new employer, they will have to go to court.

How to renew a social tenancy agreement after the death of the employer

As already noted, if the apartment has not been privatized, then inheritance does not take place. Instead, the social rental agreement is re-registered to another tenant. How to do it?

Re-registration procedure

As a rule, the authorized body for the disposal of municipal property in the housing stock is the housing inspection. Usually this is a department in the municipal administration.

Depending on whether the MFC in the relevant area provides services for re-registration of social rental contracts, you can contact them.

In any case, before applying, the responsible resident of the apartment must take the following actions:

• obtain the consent of other residents to re-register the apartment in his name;
• carry out an extract from the relevant apartment of the deceased tenant and obtain a certificate certifying the fact of death from the civil registry office;
• prepare a social rental agreement.

After the agreement is concluded, a copy must be submitted to the authorized housing organization. She must make appropriate changes to the records in order to further determine who is responsible for the use of the apartment.

When residents of a municipal apartment cannot agree on the person to whom the contract will be renewed, they need to go to court. Whoever is determined by the court will be an eligible tenant.

What documents will be required?

Re-registration is carried out by concluding a new agreement with the authorized municipal body. To do this, submit an application in which it is necessary to indicate all residents and note the circumstances due to which re-registration was necessary.

When re-concluding the agreement, the presence of each resident is required. If one of them cannot participate, then he needs to draw up a notarized power of attorney in the name of one of the residents so that he represents him in the administration.

In addition to this application, you must submit the following documents:

• passports of each of the residents;
• a certificate from the civil registry office, which confirms the death of the previous employer;
• a rental agreement that was concluded with the previous employer;
• a certificate from the housing organization, which reflects the fact of payment of all utility debts;
• an extract from the house register, which reflects the persons who are registered in the municipal apartment at the moment.

After the agreement is concluded, each resident indicated in it will have the right to privatize the apartment on an equal basis with others.

Actions after the death of a tenant

A social housing tenant has died. What to do? How to re-issue documents correctly? In the event of the death of a tenant, or if due to certain circumstances he leaves the apartment, his legal successor, with the consent of the remaining tenants, becomes an adult member of the family who enjoys respect and authority.

We invite you to read: For how long was maternity capital extended?

To appoint a new responsible tenant, the person applying for this role writes an application addressed to the landlord to the housing department, and family members express their consent in writing.

Each adult family representative must personally sign, or, in the absence of one of the persons included in the contract, there must be a notarized written consent to change the tenant.

Along with the application, a copy of the entry in the house register, passports of all residents (or copies of pages from passports for those who are absent) are provided.

Based on all the collected documents, an agreement is concluded with the new tenant, in which all residents are indicated. The housing department makes appropriate changes to the documents so that all payment checks are issued in the name of the newly appointed tenant.

Necessary documents for re-registration of a social contract. rental housing

In order to re-register a social tenancy agreement for a new tenant after the death of the previous tenant, you must submit a corresponding application to the municipal authority. It contains all information about registered residents and the grounds for re-registration of the agreement.

When re-registration, the personal presence of each tenant at the municipal authority is required. If one of them cannot be present for good reasons, he needs to write and have his consent to draw up a new agreement in the name of a certain person at a notary’s office, and then transfer the agreement to the other participants.

In addition to the application, you will also need:

• Personal passport of each participant registered in the apartment;
• Certificate certifying the death of the employer;
• Previous social tenancy agreement;
• An extract from the personal account confirming the absence of debt for utility services;
• A certificate from the house register, which indicates all citizens registered in the premises.

After the contract is reissued, each registered person will receive the right to participate in general privatization or privatize their own part of the housing.

To draw up a new social rental agreement, the new tenant will have to prepare a package of documents. First of all, you will need to write an application for concluding a new agreement.

The application must be completed in accordance with the established requirements. The document form can be obtained by contacting the authorized body. The application must contain information about the residents and premises, as well as indicate the basis for re-issuing the social contract. hiring The new tenant and all tenants must jointly contact the authorized body.

In addition to it, you will need to provide documentation, which includes:

• passport of the employer and other participants in the transaction;
• old social rental agreement;
• a certificate confirming the death of the previous employer;
• an extract from the house register and housing personal account.

It must be remembered that after the social rental agreement has been drawn up, the housing can be privatized. All persons who live in the property and have not previously performed such an action have the right to take part in the procedure. Only after the registration procedure is completed will citizens be able to fully dispose of their housing. It will be possible to transfer the premises by inheritance if it has been registered as ownership.

The process of re-registration of a municipal apartment for a new tenant

Each region has its own procedure for applying - to the authorized department under the administration, or to the MFC. When submitting documents, family members after the death of the main tenant must decide who will now act as the main person to whom the social tenancy agreement will be reissued. Before submitting the documentation package, the deceased relative is first removed from the register.

After making a positive decision and re-signing the contract, they contact the management company, where they will make the necessary changes in the personal account registered for this living space.

Sometimes it is not possible to reach a common decision on the appointment of a responsible person. Lack of consent forces you to go to court to identify the tenant for whom the contract will be drawn up.

What documents are submitted?

The basis for considering the appeal of residents of a municipal apartment is an application for signing an agreement. A sample application will be provided by the authorized body with the mandatory inclusion of information about all living citizens and indicating the grounds for concluding an agreement.

To submit the application, it is necessary to ensure the personal presence of residents. If it is not possible to gather everyone together, the absent persons provide written consent certified by a notary office. The document records the readiness to accept the terms of re-issuance of the social tenancy agreement.

The attachments to the application are:

• civil passports of residents;
• death certificate of the main tenant;
• previous document on social hiring;
• L/s extract from the house register.

If it is planned to privatize the apartment later, those who have registered for the living space can participate in the re-registration of the property, if the right to free privatization was not previously used. After privatization, everyone is given a share in the property, which they can dispose of at their own discretion - sell, inherit, etc.

How to become an employer?

It would seem that it could be simpler. But in practice everything turns out to be much more complicated.

On the one hand, conflicts and litigation often break out between relatives for the right to become an employer.

On the other hand, administrative bodies often create obstacles by looking for loopholes and dark spots in the legislation.

The granddaughter lived with her grandmother and was registered in this apartment and included in the contract. She looked after a sick old woman, and when she died, she buried her. In addition to the granddaughter, her parents were included in this living space, but they did not live here for a long time. Can a granddaughter become a tenant?

Theoretically, yes, it can, according to Article 82 of the RF Housing Code. In practice, the following may happen. The legal successors of the housing have not lived in this residential area for a long time, and the granddaughter does not know where they are.

On the grounds that she cannot provide the municipality with the consent of the other two tenants, the landlord refuses her granddaughter’s request to enter into a social tenancy agreement with her.

In this case, she will need a certificate signed by 3 neighbors stating that her parents do not live in this apartment, and another certificate stating that she ran a common household with her grandmother and looked after her and buried her.

With these papers she must go to court and file a claim. Having considered the case, the court may recognize the two absent relatives as having dropped out. The court will also oblige the municipality to recognize the granddaughter’s right to social rental housing.

The court also appoints a tenant of the property in the event that family members cannot make a single decision, and each seeks to become a spouse when the other remains in the living space with the adult children of the deceased.

The court may divide the social tenancy of housing and appoint each of the applicants as co-tenants of a given living space separately. Then the rent is also divided among all co-tenants, and everyone pays separately.

We invite you to read: Insured event, stroke ⋆ Heart Treatment

Social tenancy agreement

social rental agreements for residential premises free of charge in word format

The form of the social rental agreement is provided for by Government Decree No. 315.

Such a document reflects the detailed conditions for regulating housing rental relations.

The agreement can be changed either by agreement of the parties, as well as with the approval of other residents of the apartment, or by the decision of the tenant, if he receives the right, when living in a communal apartment, to draw up a general document for the entire living space.

This is permissible if all residents are recognized as members of one family.

ATTENTION! Look at the completed sample social tenancy agreement:

Free legal advice on real estate issues.

The agreement also provides for the conditions for termination of the agreement, which is possible in the following situations:

• reaching an agreement to terminate the transaction by both parties,
• violation of the terms of the contract on the part of the employer, which is of a gross nature,
• a decision was made to reconstruct or demolish the building or seize the site.

The municipality can unilaterally terminate the agreement only in court.

If grandchildren are registered

In some cases, it is impossible to automatically renew a social tenancy agreement. The most common example of this case is a situation in which the tenant of the living space is a grandmother living with her grandson registered there. It would seem that the situation does not predispose to the emergence of any difficulties, but it becomes more complicated if the grandson is not registered in the apartment as a family member. That is, it was not included in the social tenancy agreement initially, but was registered later, on the initiative of the grandmother.

Of course, each of the tenants, referring to the Housing Code of the Russian Federation, has the right to register additional tenants in the rented apartment, especially if they live there independently and the square meters allow it. Thus, registration gives the grandson the right to live in an apartment with the status of an outsider who cannot claim this housing.

You can solve the problem by submitting an application to the housing department of the municipal authority. The application must reflect the request for renewal of the contract and the grounds for such a procedure. The most likely response from the municipality will be a written refusal. This refusal is an official document.

You must save it by making a copy for yourself. Afterwards, documents are prepared certifying the relationship of the person who wants to re-register the contract in his name with the tenant of the apartment. After this, a statement of claim is submitted to the court, to which the collected documents are attached. Further, the contract is renewed on the basis of a court decision.

Who will get a non-privatized apartment after the death of the tenant?

The disposal of an apartment that was transferred under a social tenancy agreement is limited, since a citizen who has received the right to reside and use housing cannot fully exercise the powers provided for the owner. Accordingly, you cannot sell, donate, bequeath or make other transactions with a non-privatized apartment.

When the tenant dies, the apartment he used on the basis of social rent does not change its non-privatized status and remains the property of the municipality. According to Art. 82 of the Housing Code of the Russian Federation, a family member of a deceased person can re-register a rental agreement in his own name, maintaining the previous terms of the agreement.

Only those persons who lived with the deceased person, even if they are not relatives, can apply to re-register the contract on the same terms. If there were no such people, then the municipality has the right to transfer the right to use housing to other persons not related to the previous tenant.

Please note! On issues of re-registration and transfer of housing to relatives of a deceased person, the legislator provides the following:

• By family members, the legislator understands spouses, children and parents who lived together with the tenant of non-privatized housing. If a person is not considered a relative, but lives with the employer and is recognized as a dependent of him, then this subject will also be able to eventually apply for a renewal of the contract,
• Each family member, regardless of whether it is a parent, spouse or child, is given the same amount of authority. If the legal capacity of such relatives is limited, then responsibility will be shared jointly,
• persons recognized as family members must be clearly stated in the text of the agreement,
• if the spouses divorce, then the ex-husband or wife, in the event of further residence with the tenant, retains the right to re-register the contract after the death of the user of the housing. In this case, in any case, a new agreement is required; the advantage of the relatives is only the preservation of the previous terms of the agreement.

Persons who can claim the privilege in question are clearly identified in the law, and are also duplicated in detail in the text of the contract, since if this condition is not met, the transaction will not be possible.

Watch the video. In the event of the death of parents, who will get the apartment?

Registration question

Can a tenant register someone without the residents’ permission? This question is one of the most frequently asked questions in housing committees and legal consultations. And it is answered in detail by Article 70 of the Housing Code.

Without the consent of those living in a non-privatized apartment, you can only register your own young children. Only in this category of registered persons there are no reservations or comments. Moreover, not only the tenant, but also the other tenants have these powers.

The tenant has the right to register his children, spouse, and parents in the rented apartment without asking for the landlord’s approval, but he will need the written consent of all registered adult residents, even those who have left, regardless of the period and reasons for their departure.

If the employer decides to register a stranger who is not a family member, the landlord's consent is required.

The landlord may refuse to move in and register if this results in a decrease in the square footage of living space per tenant below the sanitary standard.

Find out whether you can change or rent out social housing from our articles.

When supporting parents

The situation described above, alas, is not the most difficult. It will be more difficult:

• An individual who is dependent on and cares for an elderly tenant of a municipal apartment;
• Children of the tenant who are dependent on him, but are not registered in the living space;
• The employer opposes the registration of children of a registered person who is dependent on them;
• If the employer is registered in a psychiatric clinic.

The most common option is when the tenant’s son is interested in living space after his death, since he does not have personal housing and lives in a dormitory. Under these circumstances, after the death of the tenant, the rights to his living space for the children will not be retained. The general rules of inheritance do not apply here, since the real estate is owned by the state.