Article 83 of the Housing Code of the Russian Federation. Termination and termination of a social tenancy agreement for residential premises (current version)

Article 83. Termination and termination of a social tenancy agreement for residential premises

ST 83 Housing Code of the Russian Federation .
1. A social rental agreement for residential premises may be terminated at any time by agreement of the parties.

2. The tenant of a residential premises under a social tenancy agreement, with the written consent of his family members living with him, has the right to terminate the social tenancy agreement at any time.

3. If the tenant and his family members leave for another place of residence, the social rental agreement for residential premises is considered terminated from the date of departure, unless otherwise provided by federal law.

4. Termination of a social rental agreement for residential premises at the request of the landlord is permitted in court in the event of: 1) failure by the tenant to pay for residential premises and (or) utilities for more than six months; 2) destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible; 3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises; 4) use of residential premises for other purposes.

5. The social tenancy agreement for residential premises is terminated due to the loss (destruction) of the residential premises or the death of the tenant who lived alone.

Grounds for termination of a social tenancy agreement

The law establishes the following conditions for termination of the contract:

• Agreement between the parties to the contract is the most favorable outcome of contractual relations. In this case, this basis does not cause adverse legal consequences for the parties to the contract.
• Initiative of a person using the premises as a tenant. This provision, as noted, is implemented under a certain condition: obtaining the consent of the employer’s relatives living with him as a family.
• Destruction of housing. In other words, the complete loss of the premises’ functional purpose, the actual destruction of the housing facility, its condition in which it is impossible to use the housing.
• Departure of the employer with his family to another home. The agreement can be considered terminated from the moment the specified citizens vacate the residential territory.
• Landlord's initiative. Can be implemented only upon the occurrence of certain reasons. And only as a result of legal proceedings.
• The death of a citizen-tenant, if he used the premises and lived in it alone, also means the termination of the social tenancy agreement for residential premises.

Commentary to Art. 83 Housing Code of the Russian Federation

1. “Termination of a social tenancy agreement” is defined primarily as the termination of the mutual rights and obligations of the landlord and the tenant of the residential premises by their agreed will.

Termination of the contract involves the release by the tenant and members of his family of the residential premises occupied by them under a social tenancy agreement within the time limits provided for in the text of the termination agreement. Such an agreement may provide for the implementation of specific actions by the landlord and the tenant by the time the residential premises are vacated (repayment of debt, carrying out repairs, etc.).

2. The initiative to terminate a social tenancy agreement may come from the employer. The tenant's request, agreed with his family members, to terminate the social tenancy agreement is mandatory for the landlord. The latter does not have the right to refuse termination (postponement of termination) with reference to the tenant’s debt for rent, utility bills, or urgent repair work.

The text of the termination agreement at the initiative of the tenant must provide for a period for vacating the residential premises as an essential condition of this agreement.

3. If the tenant leaves with all family members for another place of residence (change of permanent residence), the social rental agreement for residential premises is considered terminated from the date of departure.

As noted in the commentary to clause 3, part 1, art. 56 of the Code, departure means the move of the employer for permanent residence to another area (usually another municipal entity of a city, town, rural settlement). The move is evidenced by: deregistration at the old place of residence and registration at the new place of residence, presence of a permanent place of work there, living together with family members at the new address, etc.

Therefore, when considering such housing and legal disputes, the court is obliged to request evidence indicating that the tenant moved to another locality and settled in a new residential premises in this locality for the purpose of permanent residence. Such evidence, as stated, may be documents on discharge from the old residential premises, dismissal from work and employment at a new place of residence, provision of housing at the place of work, etc. In the presence of these and other circumstances, the court is given the right to consider the social tenancy agreement terminated from the date of departure of the tenant and his family members. In some cases, a change of place of residence within one city or town (obtaining housing in another area of ​​the city by inheritance and moving to it, in other situations) can also be considered as leaving.

4. 1) Termination of a social rental agreement for residential premises at the request of the landlord is permitted in court, primarily in the event of the tenant’s failure to pay for the residential premises and (or) for utilities for more than 6 months.

When considering this category of cases, you should pay attention to the following circumstances:

a) what are the reasons for arrears in rent and (or) utility bills?

b) during what specific periods were the corresponding payments not made (do they last more than 6 months consecutively without interruptions)?

c) how were other responsibilities carried out by the tenant regarding the maintenance of the residential premises (care, routine repairs, etc.), and were the rules of living together with neighbors in an apartment building observed?

The court, taking into account specific circumstances, may postpone the hearing of the case on termination of the social tenancy agreement, warning the employer about the consequences of repeated violations of the requirements of the Code, the social tenancy agreement (Article 169 of the Code of Civil Procedure of the Russian Federation on the grounds of “the need to present and require additional evidence”).

2) Destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible.

The landlord is obliged to warn the tenant and his family members about the inadmissibility in future and the need to eliminate such violations, setting a reasonable period.

If these violations are not eliminated within the established time frame (in particular, repair and restoration work is not carried out), the guilty citizens are subject to eviction by the court without the provision of other residential premises (Article 91 of the Code).

Taking into account the opinion of the landlord, the consequences of violations on the part of the tenant, and other circumstances related to the behavior of the tenant, the court may also postpone the hearing of the case.

3) In cases of systematic violation of the rights and legitimate interests of neighbors, which make it impossible to live together in the same residential premises with the tenant, appropriate evidence of such violations by the tenant and members of his family must be presented; as well as information about warnings to the tenant from the landlord.

If violations continue, the perpetrators are subject to judicial eviction without the provision of other living space (Article 91 of the Code).

4) Use of residential premises for other purposes (failure to respond to comments and warnings from the landlord, untimely restoration of the premises, or carrying out repair and restoration work) may lead to the eviction of the tenant along with family members without the provision of other living space (Article 91 of the Code) .

5. The residential premises agreement is terminated (meaning the termination of mutual rights and obligations not at the will of the parties):

a) in connection with the loss (destruction) of residential premises. The premises cannot be restored. Citizens living in such premises are provided with housing in the manner provided for in clause 1, part 2, art. 57 of the Code, i.e. in an extraordinary manner (see also paragraph 3 of Article 85 of the Code). But this will be a different social rental agreement for residential premises, concluded on the basis of a new subject (object);

b) the death of a tenant living alone entails the termination of the social tenancy agreement.

Vacant residential premises are provided to citizens in need of housing, in compliance with the requirements of Art. 51 “Grounds for recognizing citizens as needing residential premises. ", art. 52 “Registration of citizens as needy. ", art. 57 of the Code “Provision of residential premises under social tenancy agreements. ".

The issues of termination and termination of a social tenancy agreement are dealt with in Art. 83 LCD. The contract may be terminated by agreement of the parties. In addition, the tenant of a residential premises has the right at any time, with the written consent of family members, to terminate the social tenancy agreement if there is no longer a need for this housing, for example, in the case of moving for permanent residence to another area. It is necessary to pay attention to the provisions of this article regarding the coordination of these actions with family members. Only family members of the employer living with him are required to give consent. At the same time, it is necessary to obtain the consent of the temporarily absent family members of the employer, bearing in mind the provisions of Art. 69 and 71 of the Housing Code (rights of family members of the employer, rights and obligations of temporarily absent people). According to Part 3 of Art. 83 of the Housing Code, in the event of the departure of the tenant and his family members to another place of residence, the social tenancy agreement is considered terminated from the date of departure. It should be borne in mind that the contract can only be terminated if the entire family (the tenant and his family members) leaves. If not all members of the tenant’s family leave, then those remaining retain the right to use the living space; If the tenant leaves, he is replaced by one of the remaining family members (Part 2 of Article 82). The grounds for termination of a housing tenancy agreement as liability for failure to fulfill the obligations imposed by law are: - failure by the tenant to pay for housing and (or) utilities for more than 6 months; - destruction or damage to residential premises; systematic violation of the rights and legitimate interests of neighbors, making it impossible to live together in the same residential premises; - use of residential premises for other purposes. These grounds are provided for in Part 4 of Art. 83 LCD. Within the meaning of clause 1, part 4 of this article, termination of a social tenancy agreement may take place if the non-payment is “lasting” for 6 months (without interruption). Therefore, if it is interrupted by payment, there is no reason to terminate the contract. Provided for in Part 4 of Art. 83 of the Housing Code, the list is closed, therefore, the landlord cannot submit to the court a demand for termination of the social tenancy agreement in cases other than those indicated. However, this position is doubtful. Part 4 of Art. 67 of the Housing Code provides that the tenant of a residential premises under a social tenancy agreement, in addition to those mentioned in Part 3 of this article, bears other obligations provided for by other federal laws and the social tenancy agreement, violation of which may also lead to termination of the contract. In addition to the landlord, a claim for termination of a social tenancy agreement may be brought by the body that approves the reconstruction and redevelopment of housing. According to the provisions of the Housing Code, reconstruction and redevelopment of residential premises in violation of the established procedure is not allowed; the consequences of unauthorized reconstruction and (or) unauthorized redevelopment are provided for in Art. 29 LCD. One of these consequences is termination of the contract (with the imposition on the owner of the housing, who is the lessor under the specified contract, the obligation to bring such housing to its previous condition). Article 3 of the Housing Code, developing the content of one of the basic principles of housing legislation - the inadmissibility of arbitrary deprivation of housing, provides that no one can be evicted from their home, except on the grounds and in the manner provided for by the Housing Code and other federal laws. This provision is based on Art. 40 of the Constitution of the Russian Federation, according to which no one can be arbitrarily deprived of their home. I would like to draw attention to the following positions in order to eliminate discrepancies and misunderstandings of individual norms of the Housing Code. Thus, termination of a social tenancy agreement is not always associated with eviction; When the tenant (with family members) leaves the residential premises in connection with moving to another place of residence, the contract is terminated without the need to evict the tenant, i.e. he independently, without coercion, vacates housing. As already mentioned, Part 4 of Art. 83 of the Housing Code lists the grounds for termination of a social tenancy agreement only as liability for failure to fulfill obligations by the employer and members of his family. In addition, termination of a social tenancy agreement for residential premises occurs in the following cases: demolition of the house in which the residential premises are located; conversion of residential premises into non-residential premises; recognition of housing as unfit for habitation; if the residential premises cannot be preserved as a result of a major renovation of the house, or if there is consent of the tenant and his family members to provide them with other housing in connection with such repairs. Termination of a social tenancy agreement also occurs in cases of unauthorized reconstruction and (or) redevelopment of residential premises (Article 29 of the Housing Code, as already mentioned); privatization of residential premises (the Law on the privatization of residential premises is valid, with the exception of provisions declared repealed from 03/01/2005 until 03/01/2010); exchange of residential premises (Article 74 of the Housing Code); replacement of residential premises (Article 81). In the event of termination of a social tenancy agreement in the manner and on the grounds provided for in Art. 29 (clause 2, part 5 - termination of the contract at the request of the body carrying out the approval of reconstruction and (or) redevelopment), the legislator does not establish the consequences. According to Art. 29 of the Housing Code, on the basis of a court decision, residential premises may be preserved in a rebuilt and (or) redesigned state, if this does not violate the rights and legitimate interests of citizens or does not create a threat to their life or health. Thus, since the court refused to preserve the housing in this form, it seems possible to classify this case as a significant violation of the condition of the living space, i.e. its significant damage, which “poses a threat to the life or health” of citizens and, therefore, apply Art. 83 (clause 2, part 4). The Housing Code does not provide for the loss of the right to use residential premises. At the same time, persons deprived of parental rights and evicted from the premises should be considered to have lost this right if their cohabitation with children for whom they were deprived of parental rights is considered impossible (Article 91 of the Housing Code). It is hardly correct to raise the issue of terminating the contract if one of the users of the residential premises is guilty of damaging the housing or violating the interests of neighbors. The loss of the right to use residential premises concerns only the guilty person, and the social tenancy agreement continues to be valid in relation to all its other participants, whereas in the event of termination of the contract, it ceases to be valid in relation to the tenant and members of his family at the same time. Consequently, termination of the social tenancy agreement in accordance with Art. 83 of the Housing Code should take place if the family mismanages the housing, allowing it to be destroyed, and also if claims for violation of the rights and interests of neighbors can be addressed to the family as a whole. With regard to such grounds for termination of the contract as the use of housing for other purposes, as well as failure to pay for residential premises and utilities, it is possible to raise the issue of terminating the contract, since in such situations all parties to the contract on the side of the tenant are assumed to be guilty, including including those temporarily absent. In cases provided for in paragraphs 2-4 of Part 4 of Art. 83 of the Housing Code, the guilty persons - the tenant and (or) members of his family living with him, are evicted without providing other housing. In connection with the issue under consideration, Art. 71 LCD. According to this article, the temporary absence of the tenant and his family members does not entail a change in their rights and obligations under the social tenancy agreement. The article does not establish the consequences of non-fulfillment of obligations under the contract by absentees. In this case, it would be correct to raise the issue of terminating the contract, in particular, if the housing is used for other purposes (rented out, for example, as an office); if housing fees are not paid. If a temporarily absent capable family member neglects his obligations under the contract, for example, does not participate in the payment of housing, it is legitimate to raise the issue of losing his right to use the residential premises. A housing tenancy agreement may be declared invalid on the grounds established by the Civil Code (Articles 166-181). A contract declared invalid is “non-existent” from the moment of its conclusion, whereas if terminated, its effect ceases from the moment of termination. According to Part 5 of Art. 83 of the Housing Code, the social tenancy agreement for residential premises is terminated due to the loss (destruction) of the residential premises, or with the death of the tenant living alone. In the event of the destruction of a residential premises occupied under a social tenancy agreement (deeming it unfit for habitation), the landlord provides the citizens living there with another residential premises under a social tenancy agreement (Article 87 of the Housing Code).

Termination of a social tenancy agreement

A social tenancy agreement involves renting premises from the state or local government. Low-income families, military personnel, and government employees have the right to receive appropriate housing. The concluded agreement is subject to mandatory registration and provides for a certain procedure for its cancellation. Particular attention should be paid to the grounds for cancellation of the agreement.

Reasons

The grounds for termination of a social tenancy agreement depend on the initiator of the relevant procedure. The employer does not need to provide reasons for ending the arrangement. It is enough just to submit an application to an authorized person about the desire to terminate the social employment agreement.

To cancel the agreement, the lessor should take into account the requirements of the law. Article 83 of the Housing Code of the Russian Federation defines the following grounds for termination of a social rental agreement for residential premises:

• lack of payment for rent or utilities for six months;
• destruction or significant damage to housing;
• constant violation of public order, rights and interests of neighbors;
• use of housing for purposes other than those provided for in the social tenancy agreement.

Also, termination of the agreement is provided in the event of the death of the tenant or when the status of the residential premises changes. Carrying out major repairs that involve changing the area, destining the house for demolition or removing it from the housing stock - all such situations entail termination of the social tenancy agreement on grounds beyond the control of the parties.

In what cases can a contract not be terminated?

Termination of a social tenancy agreement is unacceptable in the absence of grounds. If the tenant regularly pays the rent under the terms of social rent, ensures the safety of housing and does not violate public order, it is not allowed to terminate the agreement unilaterally.

It is necessary to distinguish between termination of a social tenancy agreement and eviction . This is regulated by Article 85 of the RF Housing Code and is possible in the following situations:

• demolition of a dilapidated building in which the provided housing is located;
• withdrawal of the corresponding land plot for state or municipal needs;
• transfer of real estate from residential to non-residential;
• unsuitability of the property for further residence;
• carrying out major renovations that involve a significant change in living space;
• the provided property is transferred to a religious organization.

In these situations, the social tenancy agreement is terminated due to eviction. The tenant is provided with similar housing to replace the lost one, in the same region of the city. Transfer to another location is permitted with his consent.

The procedure for termination at the initiative of the lessor

Termination of a social tenancy agreement at the initiative of the landlord is carried out in the following stages :

• determining the grounds for termination of the agreement;
• compliance with the pre-trial procedure - sending a notice to the employer of the desire to terminate the agreement;
• if agreed, terminate the social tenancy agreement by mutual agreement;
• in case of refusal or lack of response - collection of documents confirming the identified grounds;
• filing a claim in court.

In this procedure, the key role is played by the grounds for termination of a social tenancy agreement at the initiative of the landlord. These include:

• unsuitability of the allocated premises for further use - eviction is expected with the provision of new housing;
• use of premises other than for their intended purpose;
• damage, destruction of allocated real estate;
• violation of neighbors' rights;
• non-payment of accommodation and utilities.

Failure to make timely payments for accommodation is taken into account for a six-month period. In case of short-term withdrawal, failure to deposit funds twice in a row is taken into account.

What laws govern it?

The main provisions for the termination or termination of a social tenancy agreement are regulated by Article 83 of the Housing Code of the Russian Federation.

It says that:

1. Each party has the right to terminate such legal relationship at any time.
2. In order for the employer to refuse, the written consent of his family members is required.
3. The reason may be for residents to move to other housing.
4. The grounds on the part of the landlord may be failure to pay for utilities, damage to housing, violation of the rights of neighbors, which is systematic, or inappropriate use of the premises.
5. The grounds for termination of the contract are the death of a single tenant or loss of housing.

Article 91.10 of the Housing Code describes in a similar vein legal relations under a lease agreement for residential premises of a social housing stock. The provision of another residential premises due to the recognition of the previous one as unsafe, complete destruction and other reasons are grounds for termination of the lease document for the previous premises. All such cases are discussed in detail in Articles 84-91 of the LC.

How to terminate at the initiative of the employer?

Cancellation of a social tenancy agreement at the initiative of the employer is permitted using a simplified procedure. To terminate, an application must be submitted to the landlord.

If the employer does not live alone, the opinions of all family members must be taken into account. To terminate the social tenancy agreement, they also give written consent.

The agreement is terminated in two situations - if you have your own home, when the need to rent is no longer relevant, or if you need to move. In the second situation, the provision of real estate involves the conclusion of a new agreement.

How can it be terminated?

If a person really does not need this premises, he has other housing, then he can apply to terminate the contract with the municipality. The law directly states that if a citizen moves out and lives in another place, then from the moment of his departure the contract is considered terminated. But in reality this is not the case.

If you just move out and forget about the state apartment, the bailiffs will remind you of it when they come to collect your utility debts. Therefore, it is necessary to resolve these issues; it will be difficult to prove later that you have not lived in this apartment for a year. And if some utility resources are recorded by metering devices, then there are those that are paid regardless of their use. For example, heating.

How to proceed:

1. Contact the local municipality with a written application addressed to the head of this body, in which you write in free form about your desire to terminate the rental agreement.
2. In the application you must indicate your details - full name, series and number of your passport, as well as the address of the property in question. It is necessary to correctly fill out the “header” of the application in the upper right corner, where it should indicate who you are applying to, what organization and on whose behalf.
3. If the employer entered into a social tenancy agreement together with other relatives, he must attach to the application their written consent to his actions (read about where and how the agreement is concluded here).
4. The application is accompanied by copies of identification documents of all residents, as well as documents confirming family ties - birth certificates, marriage certificates, copies of housing documents - social tenancy agreement, warrant and technical passport.
5. All family members of the employer sign the application.
6. If a positive response is received, the transfer of housing to the owner may be scheduled.
7. When transferring housing, an act is drawn up in the presence of representatives of the parties, where they record the condition in which the tenant returns the apartment to the owner, the fact of the transfer of keys.
8. If, when drawing up the act, damage to the owner’s property is discovered, he has the right to sue to recover the amount of damage from the former tenant.
9. If at the time of termination of the contract the tenant has a debt on utility bills, then this will also be collected. In addition, they may impose late fees.
10. The transfer act is an optional procedure; the owner can simply draw up an agreement with the tenant to terminate the contract, which will indicate the date and fact of its termination.
11. After this, the citizen ceases to be an employer and loses all rights and obligations, except for payment of debt and compensation for damage, if any.

If for some reason the municipal authorities do not respond to your application, then it is necessary to file a claim in court to terminate the social tenancy agreement in connection with the employer’s application.

There is another option: relatives lived in the apartment, after which some of them moved to another living space. The remaining employers have to pay for all the people specified in the contract.

In this case, it is necessary to go to court, where the situation should be clarified. The plaintiff will need to provide evidence that these citizens actually voluntarily left this housing, have another place to live, and also that they were not prevented from using this premises.

ATTENTION! There is no need to register the termination of a social tenancy agreement.

Termination by agreement of the parties

The simplified procedure for terminating a social tenancy agreement also applies to mutual consent of the parties. The legislation does not establish a specific procedure for appropriate situations. However, in order to avoid subsequent claims, certain nuances should be taken into account.

To cancel the contract, an agreement is drawn up in any form. It indicates the passport details of the parties and the intention to terminate the social tenancy agreement by mutual consent. The details of the main social employment agreement are also prescribed.

It is also recommended to draw up a transfer deed. Its purpose is to record the fact of transfer of the apartment, its condition, and the absence of claims by the parties to each other. The document is also drawn up in any form with the inclusion of essential information.

Going to court

If the offending tenant refuses to amicably terminate the legal relationship, the owner (municipality) decides to sue. Such cases are considered by courts at the district level at the location of the housing stock. To go to court, the landlord first draws up a statement of claim.

The following documents must be attached to the statement of claim:

• a genuine social tenancy agreement;
• information about registration (registration) of a citizen;
• correspondence with the tenant regarding the issue of vacating the apartment on a voluntary basis;
• a copy of the technical certificate of the premises.

You should also attach the generally established documents necessary to go to court: a power of attorney from the person representing the interests of the defendant, a payment slip for the state fee.

Sample statement of claim

The strict form of the statement of claim is not fixed by law. You just need to meet the basic conditions listed below.

The structure of a claim for termination of a social tenancy agreement looks like this:

• name of the judicial authority;
• name and details of the plaintiff (legal address, telephone);
• information about the defendant (last name, first name, patronymic, registered address at the place of residence, telephone);
• name of the claim;
• information about the situation that served as the basis for going to court;
• evidence of violation by the defendant of the terms of the contract;
• indications of the norms of the current legislation of the Russian Federation, according to which the claims are raised;
• the essence of the claims;
• list of documents attached to the statement of claim;
• date of filing the application, signature of the plaintiff or his representative.

Procedure through the court

Termination of a social tenancy agreement through the court is usually carried out at the initiative of the landlord. To initiate the procedure, the given procedure is followed. The main aspects are the grounds for litigation and the implementation of the pre-trial settlement procedure.

Before filing a claim, the landlord must notify the tenant of the grounds for termination and the need to repay debts or damages caused. Only if there is no answer or opportunity to independently resolve the issue, it is allowed to go to court.

You must file a claim with the court with the following documents :

• plaintiff's passport;
• title documents for ownership of the specified premises;
• a social tenancy agreement for termination of which a claim is being filed;
• papers testifying to the given grounds;
• evidence of compliance with pre-trial procedure;
• receipt of payment of state duty.

Statement of claim

A statement of claim for termination of a social tenancy agreement is drawn up in the standard form:

• the name of the court to which the claim is filed is indicated;
• the full names, addresses and contact details of the plaintiff and defendant are provided;
• the details of the contract are written down, its terms are briefly stated;
• the conditions that were violated by the employer are determined and the amount of damage is calculated;
• attempts at pre-trial settlement, notifications, complaints are described;
• the purpose of the claim is indicated - termination of the social tenancy agreement and obtaining permission to evict the tenant from the occupied property;
• a list of attached documents is provided, dated and signed.

The statement of claim is filed with the district court at the defendant’s place of residence. In certain situations, the state duty may not be paid if the plaintiff is a local government.

Termination of social rent in court

The lessor has the right to file a claim for termination of the contract in court. The application is submitted in writing, one copy is sent to the employer. The application must contain information about the court to which it is sent, information about the employer and the lessor.

The statement describes the reason for terminating the contract and indicates the rule of law that, in the opinion of the landlord, has been violated.

In court, the landlord must prove the tenant’s guilt and illegal behavior that led to the filing of the claim. The employer has the right to present arguments regarding his innocence. The court makes a decision taking into account information received from both parties. Legal consequences for the parties occur after receipt of the court decision and its entry into force.

Legal consequences

The legal consequences of termination of any agreement are termination of the corresponding rights and obligations. In a social tenancy agreement, the relevant aspects are:

• provision of residential premises;
• payment for their use and provided utilities.

Cancellation of a social tenancy agreement by mutual consent implies the termination of these obligations. If the annulment is carried out through the courts, forced eviction must also be taken into account.

Based on a court decision, the landlord has the right to demand eviction from the property after termination of the agreement. Enforcement of appropriate measures with the help of law enforcement agencies or bailiffs is also allowed.

Termination of a social tenancy agreement through the court may involve the emergence of additional obligations. The court may order the employer to pay back rent or pay damages.

What is termination of a social tenancy agreement and what is the procedure?

Many families, especially low-income and large families, are in dire need of housing.

The state partially solves this problem by providing housing.

A social tenancy agreement is drawn up with citizens indicating their rights and obligations regarding the use of the provided living space. However, in some cases the contract may be terminated.

The employer's right to terminate the social tenancy agreement

At any time, the citizen-tenant of the dwelling is free to stop using the premises. Subject to the actual termination of use of the housing, the social tenancy agreement is subject to termination.

An important condition for the annulment of the legal relationship of the parties to the contract is the consent of the tenant’s family to terminate the contractual relationship.

Moreover, consent received orally from family members is not enough; it is necessary to obtain from them written evidence of their consent, drawn up in the prescribed manner.

It should be remembered that in accordance with the Housing Code of the Russian Federation, namely Article 71, temporarily absent persons also have rights and obligations in relation to social tenancy premises; accordingly, for the legal and lawful termination of a social tenancy agreement, it is necessary to obtain the consent of temporarily absent citizens who are representatives of the family employer.

Procedure

The procedure for terminating a contract has a certain procedure.

At the initiative of the employer

1. The tenant orally or in writing warns the owner of the property about the upcoming termination of the contract.
2. An application for termination of the document is submitted to the administration. It is accompanied by written consent from family members.
3. The applicant's appeal is registered.
4. After the termination of social rent, housing is vacated.

At the initiative of the lessor

1. The issue of mutual consent of the parties is resolved without recourse to the judicial authorities. If there is consent, documents are submitted for subsequent termination of the contract.
2. If there is no agreement, the tenant is informed of the decision to file a claim in court.
3. If a citizen does not agree or does not respond within 30 days, then a statement of claim is filed.

By agreement of the parties

The employer submits an application to the municipal administration and written confirmation from relatives, certified by a notary office. If his family includes minor children, then an application to the guardianship and trusteeship authorities will also be required.

Here it is necessary to justify the creation of appropriate conditions for children in new housing. The decision is made in two options - refusal (if living conditions for children worsen) or issuance of permission to terminate the contract.

The tenant's application is considered within five days , after which the parties enter into an agreement. It indicates complete information about the participants, their rights and obligations, the location of the residential property and technical description, the official signing the citizens’ documents.

This also includes the exact date the apartment will be vacated. Before this period, the family is obliged to pay for housing. From the moment the parties sign this agreement, the social tenancy agreement is considered cancelled.

Transfer acceptance certificate

When drawing up an agreement, special attention is paid to the act of transferring the apartment. This document confirms the fact that the citizen actually transferred the apartment to the owner, and recording its real condition frees the parties from the emergence of controversial issues. There is no approved standard form of the act . When compiling it, simply enter the necessary information. The act is signed and stored along with the agreement.

Judicially

Only the landlord can go to court with a claim to terminate the contract. To do this, he must have specific grounds and papers on preliminary actions to eliminate violations by residents.

Algorithm of actions

A warning is issued about the need to pay accumulated debts or eliminate the damage caused. If a citizen does not respond or is unable to resolve the situation on his own, then the landlord has the right to go to court.

The following documents are submitted to the claim:

• ID card - Russian passport;
• contract;
• certificate of ownership;
• description of the grounds for termination;
• evidence of pre-trial measures taken - requests from neighbors, certificates of debt, housing inspection reports.

Claim: loss of right

The claim includes a brief summary of the terms of the contract, a description of the conditions under which gross violations were committed, calculations for the damage caused, and the amount of debt for the apartment. The main purpose of the claim is indicated - termination of the tenancy agreement and obtaining a court decision to evict the tenants. The claim is submitted to the district court at the place of residence of the individual defendant.

From the moment a court decision is made to annul the agreement, the tenant loses the right to housing. The landlord, by a court decision, has the right to demand the vacancy of the apartment using compulsory measures, and the tenant is obliged to repay the housing debt or pay the assigned amount for damage.

How to terminate a social tenancy agreement if there is debt?

The contract is terminated at the suggestion of the administration through the judicial authorities . The basis for going to court is the presence of six months of debt for housing, heating and water. After warning the tenants about the repayment of debts, they need to submit a package of documents to the court and wait for a decision. A decision to terminate employment will not be made if payments have not been made for valid reasons. This:

1. Late payment of wages.
2. The tenant is registered with the employment center on the stock exchange.
3. A difficult situation has arisen in the family due to the serious illness of the employer.
4. Large family.
5. There are disabled people among children and adults.

When is the procedure unacceptable?

Termination of the agreement is not permitted if the property interests of third parties are violated, incl. minor children. If a dysfunctional family is evicted from housing, then the procedure for depriving parental rights is first carried out. Children are transferred to a specialized children's institution for training and education. But they retain the right to receive housing upon reaching adulthood.

Termination of a social tenancy agreement makes it possible to resolve problems that have arisen with residents before filing documents in court, to implement a differentiated approach to vulnerable segments of the population, and to preserve the rights of children to receive housing.

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Social rental agreement for residential premises

In order to provide citizens of the country with living space, the state has developed a number of legal norms designed to control this area. In particular, the social rent agreement is regulated by Art. 60 Housing Code of the Russian Federation. Within the framework of such an agreement, the following is carried out:

• registration of a citizen (family) as in need of improved housing conditions;
• the order of receipt of living space is observed;
• Once an agreement has been concluded, the participants must strictly comply with its terms.

In other words, a social tenancy agreement is a legal act, through the conclusion of which housing is transferred from a state or municipal fund for the use of a citizen who needs it. The parties to the transaction are:

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• the owner of the living space ( landlord ) - a state or municipal fund;
• citizens ( tenants ) - a list of categories of people entitled to such housing is approved by law.

The owner transfers the living space for use, and the tenant undertakes obligations for its maintenance and protection. Any changes are formalized by an additional agreement.

The following categories of citizens can apply for social employment:

1. Low-income families.
2. Military personnel in need of housing.
3. Employees of government agencies.

For each applicant, the area of ​​the home is individually calculated in accordance with the standard norm. After drawing up the legal act, the tenant can register in the received living space and register his family members there.

According to Art. 60 of the Housing Code of the Russian Federation , the agreement is unlimited. The subject of the transaction is the home that is transferred from the landlord to the tenant. The agreement may be terminated for compelling reasons.

Grounds for termination of a social tenancy agreement

Termination of the agreement should be understood as the termination of its legal validity ahead of schedule. Article 83 of the RF Housing Code establishes the grounds according to which this is permitted:

• By agreement of the parties to the transaction. Termination of a legal act can be completed at any time, because an appeal to the courts is not required.
• At the request of the employer . It is also possible at any convenient time, but written permission will be required from all family members occupying the apartment with the tenant.
• When and his family move The contract will be considered terminated from the moment of their departure.
• At the initiative of the landlord, if the tenant significantly violated the terms of the transaction, thereby causing significant damage. The main conditions are: lack of payment for accommodation and use of communal , destruction of housing, systematic failure to respect the rights and interests of neighbors, use of the apartment in an inappropriate manner. In this way, termination can only be carried out in court.
• Due to the loss of the subject of the contract. If the residential premises are considered dilapidated or unsafe.
• Due to the death of the tenant , if he alone occupied the living space.