Legal encyclopedia. Letter D

CONTRACT OF HABITATION OF RESIDENTIAL PREMISES

Is an agreement by which the owner of a dwelling or his authorized person (the landlord) undertakes to transfer for a fee to the possession and use of this dwelling to the other party (the employer).

In the Russian legislation, the following types are distinguished: DN Zh. P.:

1) the contract of social hiring of premises;

2) contract of commercial hiring of a dwelling.

As parties to the contract, the landlord and the tenant act. In both social and commercial employment, a citizen acts as an employer.

In commercial hiring as an employer, as a rule, there is one person who is responsible to the renter

Independently, and citizens living together with him, can, having notified the lender,

Conclude an agreement with the tenant that all of them are responsible to the renter in solidarity. In this case, such citizens are co-owners.

The circle of landlords under social hiring is narrower than in commercial ones. In the case of social hiring, members of his family who live with the employer are co-owners, regardless of whether they have concluded a contract or not.

The family members of the employer are the spouse of the employer, their children and parents. Other relatives, disabled dependents, and in some cases also other persons can be recognized by the court as members of the employer's family if they live together with the employer and conduct a common household with him.

With the consent of the family members of the tenant, the hiring contract can be concluded with one of the family members (instead of the original employer), and in the event of the death of the tenant or his departure from the living quarters, the hiring contract is renewed with one of the family members living in the dwelling.

The tenant of a dwelling is obliged to take into account the opinion of his family members when solving such issues as:

1) accommodation in a dwelling of other persons;

2) exchange of occupied premises;

3) renting of a dwelling premise in sublease;

4) changing the contract of employment. The landlord in the contract of social hiring

State and municipal bodies that provide citizens with living quarters from state and municipal housing funds in accordance with the existing line for improving housing conditions, as well as taking into account the preferences for the provision of living quarters established by the bodies of state power and administration of Russia and the subjects of the Russian Federation.

The landlord in a commercial hiring is the owner of the living quarters or the person authorized by him.

The subject of the contract is an isolated living accommodation suitable for permanent residence. The suitability of living quarters for living is determined in accordance with the housing legislation.

The rights and obligations of the parties are regulated in the Civil Code and the RF Parliament.

The tenant is obliged:

1) use the dwelling provided to him under the contract and his

Equipment for the intended purpose, take care of the living quarters and keep it in proper condition. He is not entitled to carry out the reconstruction and reconstruction of the dwelling without the consent of the renter;

2) pay a monthly rent and a fee for utilities;

3) perform timely repairs (at least once every 5 years);

4) observe the rules of the hostel;

5) for the time of major repairs, move to another room;

6) when leaving for another permanent place of residence, to vacate the dwelling and hand it over to the owner in accordance with the certificate;

7) economically spend water, gas, electricity and heat energy.

The employer has the right:

1) to use the living quarters for living in it;

2) to encourage other citizens to occupy a dwelling;

3) retain the hired premises for temporary absence;

4) to rent the premises in sublease;

5) make an exchange of living quarters;

6) terminate the contract at any time;

7) require the lessor to perform his obligations under the contract.

The Lessor is obliged:

1) to transfer to the employer a free living quarters suitable for living;

2) to carry out proper operation of the dwelling;

3) carry out major repairs.

The term of the contract is determined by agreement of the parties, but can not be more than 5 years. If the contract is concluded for less than 1 year, then it is considered short-term. If there is no indication of the term in the contract, it is considered to be concluded indefinitely.

The contract of social hiring of a dwelling is of an indefinite nature, and commercial hiring is an urgent contract.

Change of the contract of hiring is by agreement of the parties. As a general rule, the contract of social hiring can be changed only with the consent of the landlord, the tenant and his family members.

The housing code grants the right to the tenant of a dwelling with the consent

Family members at any time to terminate the contract of employment. In the event of the departure of the employer and his family members for permanent residence elsewhere, the employment contract shall be considered terminated from the date of departure. The Civil Code of the Russian Federation provides for the employer's obligation under a commercial lease agreement to notify the renter in writing (for 3 months).

Termination of the contract of social hiring on the initiative of the landlord and the eviction of citizens from living quarters are allowed only on the grounds established by housing legislation and only on the basis of a court decision, except when eviction is made from houses that threaten to collapse.

Eviction according to housing

Legislation can be implemented with the provision of another dwelling and without provision.

Without the provision of other housing, citizens are evicted in judicial or administrative order (with the sanction of the prosecutor).

Without the provision of accommodation, the tenant and members of his family or other co-residents with him are evicted,

if:

1) systematically destroy or spoil a dwelling;

2) use a dwelling not for its intended purpose;

3) a systematic violation of the rules of the hostel makes it impossible for others to live with them in one apartment or one house, and the measures of prevention and social impact have been unsuccessful;

4) in the event that the court invalidates a warrant for a dwelling.

Eviction of the perpetrators without the provision of housing is made at the request of the landlord or other interested persons.

Under certain conditions, the tenant can be evicted without the provision of another dwelling in case of non-payment of a fee for a dwelling.

A special case of eviction without the provision of another dwelling is the eviction of persons deprived of judicial parental rights, if their joint residence with children, against whom they are deprived of parental rights, is considered impossible.