In order to solve a temporary housing problem, citizens can rent a house or apartment by signing a rental agreement. In this case, we are not talking about a lease agreement.
In the process of concluding this agreement, it matters who exactly is the owner of the property, an individual or a legal entity. The terms of the contract depend on the status of the owner, whether it will be commercial or social.
In the event that the premises offered for rent are a commercial property and the private property of an individual or municipal property, a commercial lease agreement is concluded.
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Commercial rental housing is
Residential premises that are the property of citizens, the state or a municipality, which are offered for the residence of citizens, belong to the housing stock for commercial use (Article 19, paragraph 4 of the Housing Code of the Russian Federation).
Housing that is the private property of citizens can be used by them at their discretion. They can live there themselves or rent it out by concluding a commercial lease agreement.
In accordance with this agreement, the owners receive a specified amount for the use of their housing by other citizens. Those residential premises that are the property of the state or municipalities can also be rented out. In this case, both a social and a commercial rental agreement may be concluded.
Low-income citizens or those recognized as needy citizens of the Russian Federation have the opportunity to enter into a social rental agreement with the right to subsequent privatization of this object.
If you are sufficiently wealthy and rent housing owned by the municipality under a commercial rental agreement, you do not have the right to privatize this apartment or house.
What should a residential lease agreement contain?
How to terminate a lease agreement early, read here.
How to officially rent out an apartment, read the link:
Property owners have the undeniable right to move anyone into their apartment. They also have the right to rent out their own housing on the basis of a commercial lease agreement or on the terms of a mutual agreement between the parties.
This procedure for renting housing can occur with any owner, be it the state, municipality or private person. The party that offers housing for rent can be either an individual or any organization.
It should be remembered that the owner of a home who rents it out under the terms of a commercial lease is automatically deprived of benefits for the repair and maintenance of this premises.
Not only persons permanently residing in it can use the rented premises. The same right can be exercised by other persons close to the employer, but not members of his family.
Only those citizens whose identity has been agreed upon between the owner of the property and the tenant can move into residential premises leased under a contract.
If there is a need to move into the premises a family member of the tenant who is under 18 years of age, permission from the property owner is not required.
Only residential space that is isolated from other premises can be rented out. This could be a private house, apartment or other premises suitable for habitation.
The premises being rented must be suitable for habitation. There is no talk of improvement of this housing. In the event of a change of owner of the property, the person who rented the apartment has the right to live there for the period of time specified in the rental agreement.
There is no need to contact a notary to certify a commercial rental agreement. The agreement must be drawn up in writing.
When concluding a contract, the period for which the housing is rented must be specified. This clause is included in the contract. The housing delivery period cannot exceed 5 years. Upon expiration of this period, the contract must either be terminated or reissued.
When subsequently renting this housing, the previous tenant has an advantage over other applicants. If the owner of the property has no claims against the tenant, the contract can be renewed.
A short-term contract is a type of contract that is concluded for a period of no more than a year. The owner of the property, after the end of the rental period, is obliged to notify the tenant of his decision to further interact with him.
The solution may be different: refusal to renew the contract or further cooperation in renting housing. If the owner of the property does not discuss this issue with the tenant after the end of the rental period, the contract is automatically extended. The terms of the contract and the rental period remain the same.
How to privatize a service apartment
Service housing is living space provided to a citizen in connection with his direct work.
Housing is provided by the employer if such an employee does not have a home in the locality where he will carry out his work activities.
Privatization of such an apartment is possible if the owner agrees, or if such a dwelling loses its departmental status. You can find out this status by sending a request to the owner or to Rosreestr .
Privatization is formalized by sending an application from the citizen to the owner.
In case of consent to privatization, a corresponding agreement .
After this, the citizen submits the specified agreement with a package of documents to Rosreestr. Next, Rosreestr makes a note in the register about the new owner of such an apartment.
What is service housing?
Office housing refers to premises that are provided to an employee due to the nature of his employment relationship. Such residential premises are provided under a lease agreement for specialized residential premises.
This means the provision of such housing for the duration of work in the organization that provided housing, or for another period stipulated by the contract.
Residential premises may be provided if the citizen does not have any other housing in the specified locality.
Issues related to the provision of such housing are regulated by Ch. 10 of the Housing Code of the Russian Federation (LC RF).
The above residential premises are provided on the basis of a decision of the owner of such housing, who act on behalf of authorized state authorities or local governments. According to Art.
100 of the Housing Code of the Russian Federation, the right to use office premises arises on the basis of a concluded rental agreement .
In accordance with Art. 104 of the Housing Code of the Russian Federation, such premises are provided in the form of :
- residential building;
- separate apartment.
In addition, living quarters can be provided in a dormitory. In this case, the specified housing is provided at a rate of six square meters per person.
The possibility of privatization of official housing is provided for in Art. 4 of the Law of the Russian Federation dated July 4, 1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation.” According to the above law, the decision on the privatization of such residential premises can be made by :
- owners of housing stock;
- bodies authorized by the owner;
- enterprises to which such housing stock is assigned the right of economic management;
- institutions that have the right of operational management of such residential premises.
Moreover, such a decision can be made only with the consent of the owner of the specified housing stock.
It is worth considering that in this case the owner only has the right to transfer such an apartment, but not the obligation.
In addition, service residential premises can be transferred to local government bodies by a state or municipal unitary enterprise.
In this case, housing will be provided not as departmental housing, but under a social rental agreement . That is, in such a situation, the home loses its official status .
Therefore, a citizen living there can participate in privatization without the above restrictions related to status.
Thus, a service apartment can be privatized . There are at least two ways:
- Owner's permission for privatization;
- Conclusion of a social tenancy agreement for an apartment, which, due to its transfer to a unitary enterprise, has lost its departmental status.
How to find out whether a service apartment or a municipal one
The key point in resolving the issue of privatization is understanding the status of housing . It is extremely important to understand whether the residential premises are classified as official premises or are deprived of such status.
The easiest way to obtain information about the status of the property is by sending a request to the relevant authority, that is, the owner of the property (the one who provided the premises).
It is important to request copies of documents according to which this or that housing was endowed with a certain status.
It is also necessary
to determine the date of assignment of service status. Such status should be assigned to housing only before such property is provided to the tenant. This will mean that the residential premises were provided as departmental ones .
It should be noted that if such a dwelling was not registered as official, the citizen has the right to privatize it, despite the fact that the apartment was provided on the basis of labor relations that arose between the employee and the employer.
In this regard, the easiest way to clarify the issue of status is to send a request to the owner.
Usually, in practice, there are no problems in obtaining a response to the specified request from the relevant authority.
In addition, you can contact the territorial body of Rosreestr , where you can also find out information of interest on the status of the apartment .
Example
Lugashov V.A. turned to his employer with a request for information about the status of the apartment he occupied. Having not received a response to his request, Lugashov turned to the territorial body of Rosreestr, where he requested the above information. From the response provided by the said body, Lugashov learned about the lack of official status of his housing and initiated the privatization process.
How to register a service apartment as property
of the possibility of privatizing an apartment is positively resolved (either with the consent of the owner upon its transfer, or if it is no longer official and the corresponding social tenancy agreement has been concluded), it is necessary to decide on further actions , the purpose of which will be to obtain such housing as your own. In any case, you need to start with an application for privatization, which is addressed to the owner of the residential premises (the one with whom the contract was concluded).
After submitting the application, the relevant authority reviews it and, if the answer is positive, privatization agreement is concluded
After its registration, the citizen must contact Rosreestr to register ownership of the apartment.
After submitting the application to the above authority (with a package of documents attached), Rosreestr issues an extract from the Unified State Register of Rights to Real Estate and Transactions with It, which confirms ownership.
It is also worth noting that if the owner of the residential premises refuses to satisfy the application for privatization, it is necessary to require the authority to provide such a
refusal in writing .
Considering that the transfer of such property for privatization is the right and not the obligation of the owner, legal claims to change the status of the apartment are not satisfied . A judicial perspective is possible only in case of obvious violations when changing the status of housing, and also if such property is not registered as official property.
Transfer of official housing to social rent
It is possible to transfer housing provided to a citizen in connection with the performance of his work duties into social rental only if its owner changes .
Such residential premises must be transferred to a state or municipal unitary enterprise, that is, its status must change .
a social rental agreement must be concluded with the citizen living in the apartment . After this, a citizen may be more likely to privatize such a home.
It is worth recalling that such a transfer does not depend on the citizen and it is often impossible to influence this process. In this situation, the user of the home needs to carefully monitor the situation and not miss the moment of changing the status of the property. Otherwise, you may lose the opportunity to privatize the apartment.
Privatization procedure
The privatization procedure consists of several stages. At the very first stage, the citizen should have the opportunity for such privatization .
To do this, the owner of such an apartment, in accordance with his decision, must allow the citizen to carry out privatization, or the housing must be transferred to the municipality, and therefore will lose its official status .
After the housing has lost this status, the citizen must submit an application to the owner of the apartment, reflecting his intention to privatize the housing .
After this, the owner considers the specified application and makes a negative or positive decision . The consideration takes place in accordance with the legislation of the Russian Federation (including regulations at the local level).
If the owner agrees to carry out such a procedure, a privatization agreement .
If the authority made a negative decision, then it is necessary to require such a refusal to be provided in writing . In this case, if possible, the citizen eliminates the shortcomings and resubmits the application .
With the above agreement signed by the authorized body, the citizen must contact Rosreestr, attaching the necessary package of documents, with a corresponding application. After its consideration, the citizen is granted ownership of the apartment, and a corresponding note is made in the register. After this, the privatization procedure ends.
Judicial practice of privatization of official housing
There are several cases related to the privatization of official housing, when a citizen has a real chance to achieve privatization through the court:
- A situation where a citizen received an apartment under a social tenancy agreement, and subsequently such an apartment was transferred to official status . In this case, the court may side with the citizen and satisfy his claim. If the change of status was made before the conclusion of the contract, court proceedings are not required.
- Claims are also satisfied in the event of various types of errors being discovered when changing the status of housing.
In addition, in practice there is often a situation where an employer can provide housing, calling it official, but in fact the apartment does not have such status .
In this case, it is necessary to clarify this information in Rosreestr and, if such status really does not exist, go to court (if the owner does not agree to privatization).
In such a situation, the courts also satisfy the claims.
Conclusion
Service housing provided by various organizations is a temporary way to solve the housing problem.
However, in this situation, there is the possibility of privatizing such an apartment, which would be a solution to the above issue. To obtain this opportunity, several conditions must be met.
Privatization can be either voluntary or by filing a claim in court.
The result of the privatization process is the acquisition of a service apartment.
After how many years can a service apartment be privatized?
I have been living in a service apartment provided to me by my employer for more than 5 years. Can I privatize it now?
Answer
If your employment contract or relevant agreement stipulates that after a certain period of time worked for a given employer, the company housing is transferred to your ownership, then there is nothing to worry about. If such conditions are not provided, then privatization of such an apartment is possible with the consent of the owner, or if the status of the apartment is changed, that is, it is necessary that the housing is not official and is provided to you under a social tenancy agreement.
Source: https://kvartirniy-expert.ru/privatizaciya/sluzhebnogo-zhilya/
Commercial rental agreement
A commercial rental agreement involves charging a contractual fee from the tenant for the use of the owner’s living space.
A residential rental agreement can be concluded either directly by the owner of the property or by his authorized representative. The power of attorney to carry out this procedure must be certified by a notary.
Citizens who need to improve their living conditions can exercise the right to conclude a social tenancy agreement. If there is no such need, they can enter into a commercial rental agreement.
A social tenancy agreement is preferential for citizens in need or those recognized as low-income. Also, citizens must be included in the queue to improve their living conditions.
Citizens wishing to enter into a commercial rental agreement for residential premises are also included in the queue. Premises rented under such an agreement cannot be privatized, but tenants have the opportunity to buy this housing from the owners.
Who has the right to enter into a commercial lease agreement?
Commercial rental agreements are often concluded by municipal or state bodies and private owners. Residential premises are rented out by various organizations.
Traditionally, the citizen renting housing under a commercial lease agreement is the owner of the residential premises (lessor), while the other party is another citizen (tenant).
