Military citizens have the opportunity to obtain housing for sublease. The provision of such real estate is regulated by the laws of the country, as amended in 2017.
It also determines the procedure for paying financial compensation for renting or subletting premises for this category of citizens.
Let's look at the differences between renting and the so-called subletting of housing, the current legislative framework that forms the rules and procedure for renting real estate. And also what are the conditions for provision, compensation payments, necessary documents, calculations for the possibility of obtaining housing for persons who are military civil servants of Russia.
Definition of concepts
There are legal differences between the concepts of the terms “hiring” and “subhiring”.
The Housing Code of the RSFSR, Article 76 , defines the sublease of property in which accommodation is possible, as the transfer of real estate from the housing stock of the state, as well as other municipal property to the tenant for rent, for example: an apartment, a private house, a room, a dormitory. Consequently, a serviceman can exercise the right to conclude such an agreement on the basis of the laws of our state.
Accordingly, the concept of “hiring” a residential area from a lawyer’s point of view means the transfer of housing to a tenant from a private owner. Thus, the serviceman duly acquires the right to enter into such an agreement with the owner or his authorized representative.
In any of these cases, a military civil servant - an individual, or his employer - a legal entity, will be an employer-tenant. Then the owner is considered the so-called lessor.
It is known that clause 1 of Article 685 of the Civil Code of the Russian Federation states that the tenant has the right to rent out the rented premises or part of it to other persons with simultaneous residence and use for an indefinite period. Condition: written agreement on the terms and conditions of use, surrender of part of the occupied housing or the entire area upon departure of the lessor with retention of ownership. According to clause 3 of Article 685 of the Civil Code of the Russian Federation, the subtenant pays rent on time.
We rent out housing for military personnel in 2020, Order of the Ministry of Defense of the Russian Federation
It is known that clause 1 of Article 685 of the Civil Code of the Russian Federation states that the tenant has the right to rent out the rented premises or part of it to other persons with simultaneous residence and use for an indefinite period.
Condition: written agreement on the terms and conditions of use, surrender of part of the occupied housing or the entire area upon departure of the lessor with retention of ownership. According to clause
3 of Article 685 of the Civil Code of the Russian Federation, the subtenant pays rent on time.
Documents that form the basis for the assignment of compensation are reviewed in the military unit, signed by the commander and forwarded to the financial and economic body, which makes calculations of a compensatory nature on the basis of the legal acts specified in paragraph 2 and paragraph 6 of the paragraph on the legislative framework of this article.
How to receive compensation for military personnel for renting housing in 2020
Unfortunately, a military unit is not always able to provide housing for military personnel. And citizens are unable to purchase housing on their own. Therefore, they often have to rent living space. In this case, the state provides assistance to civil servants - compensation for rental housing for military personnel in 2020.
People often confuse two types of contracts - hiring and subletting. The difference between them is that the first transaction is concluded with the owner of residential real estate, and the second with a government agency. Thus, they imply slightly different rights and obligations of the parties.
Compensation calculator for renting (subletting) housing
Using the online calculator posted on our website, you can calculate the amount of monetary compensation that you are entitled to for renting/subletting housing. It is designed in a multimedia format and includes a number of explanations and interactive tips that explain the procedure for calculating compensation.
According to the new rules, the maximum amount of monetary compensation due to midshipmen, officers and warrant officers is calculated according to the formula used in cases of calculating compensation for federal civil servants who arrived in another subject of the Russian Federation for a new place of work.
Order 303 MO RF sublease
According to the clarifications of the Constitutional Court of the Russian Federation (Order No. 3-P dated February 27, 2012), the allocation of compensation to military personnel is not tied to registration as someone in need of improved housing. In practice, a document confirming such a need is useful. Usually it is added to the general package.
Due to the nature of their service, military personnel often have to move to a new place and rent housing. There is also another good opportunity to solve the housing problem for a career military man - an open-ended social loan.
Today, a lot of money is paid for rent, but military personnel are provided with monetary compensation that reduces their costs. From 2004 to 2012
the terms of payments and their amounts have not changed, but in recent years there have been significant changes for some categories of military personnel in the calculation of compensation for renting and subletting residential premises.
Interesting: Series and number of the certificate of ownership
The Ministry of Labor has determined the amount of monetary compensation for renting housing for military personnel for 2020
Note from Law Company “Strategy” : The indicated maximum cost of 1 sq. m. m is used to determine the amount of monetary compensation for renting (subletting) residential premises paid to military personnel and citizens discharged from military service who are in line to receive residential premises.
The Ministry of Labor of Russia, by order of August 1, 2020 N 512n, approved the maximum cost of hiring (subhiring) 1 sq. m.
meter of total area of residential premises for 2020, used to calculate the amount of reimbursement of expenses for renting (subletting) residential premises to a federal state civil servant appointed by rotation to a position in the federal state civil service in a federal government body located in another location within the Russian Federation .
Interesting: Pensioner’s application for voluntary resignation
Order of the Ministry of Defense of the Russian Federation 303 sublease
“On approval of the Administrative Regulations for the provision by the Ministry of Defense of the Russian Federation of state services for the commissioning of elevators, lifting platforms for the disabled, passenger conveyors (moving walkways) and escalators, with the exception of escalators in subways, after their installation in connection with replacement or modernization "(Registered with the Ministry of Justice of Russia on December 25, 2020 N 49410)
Monetary compensation for military officer ranks, as well as warrant officers and midshipmen, is determined based on their actual expenses, but it should not exceed the amount determined in accordance with the standard of total living space and the maximum cost of renting or subletting one square meter of total living space.
Order of the Ministry of Defense of the Russian Federation 303 2020
[vc_row][vc_column][vc_column_text] MINISTER OF DEFENSE OF THE RUSSIAN FEDERATION ORDER dated September 30, 2010 N 1280 ON PROVIDING MILITARY SERVANTS OF THE ARMED FORCES OF THE RUSSIAN FEDERATION WITH RESIDENTIAL PREMISES UNDER A SOCIAL LEASE AND SERVICE AGREEMENT RESIDENTIAL PREMISES List of amending documents (as amended by Orders of the Minister of Defense of the Russian Federation from...
Order of the Ministry of Construction of Russia dated December 20, 2020 N 1691/pr “On the standard cost of one square meter of the total area of residential premises in the Russian Federation for the first half of 2020 and indicators of the average market value of one square meter of the total area of residential premises in the constituent entities of the Russian Federation for I quarter 2020"
Legislative regulation of the issue
Download orders of the Ministry of Defense No. 1280 and No. 303, which regulate the issues of subletting housing by military personnel.
Documents valid for all subordinate bodies:
- Federal Law Clause 5, Article 2 No. 76-FZ of May 27, 1998, defining the position of a military personnel and members of his family.
- Monetary compensation is regulated by Decree of the Government of the Russian Federation No. 909 of December 31, 2004. Decree of the Government of the Russian Federation No. 989 of September 18, 2020 on amendments to the previous resolution No. 909.
- The Ministry of Defense of the Russian Federation issued Order No. 235 dated June 16, 2005, which determines the procedure for monetary compensation for citizens transferred to the reserve or members of his family in the event of his death before January 1, 2005.
- The Ministry of Defense of the Russian Federation issued Order No. 1280 dated September 30, 2010, which determines the procedure for including a serviceman and his family members in ordered lists for provision from specialized housing stock for living.
- The Ministry of Defense of the Russian Federation published order No. 303 of May 27, 2016, which formed the organization in the Armed Forces of the Russian Federation of payment of monetary compensation for the rental (sublease) of residential premises, and approved the instructions to it.
- The Ministry of Labor and Social Protection of the Russian Federation issued order No. 148n dated August 3, 2020, which approves the maximum cost of renting (subletting) residential premises for 2020 for all categories of military personnel by locality.
- The Federal Security Service of Russia issued Order No. 4 of January 13, 2020, defining the procedure for monetary compensation for renting (subletting) residential premises, and approved instructions to it for federal security service agencies.
- The compensation amount is expected to be adjusted annually.
The procedure for paying monetary compensation for renting housing to military personnel ↑
If possible, those undergoing military service should familiarize themselves in advance with the procedure for preparing rental documentation and the procedure for receiving monetary compensation.
In this way, controversial issues can be avoided. The most important questions to consider today are:
- documentation of the rented place;
- established rates;
- how to calculate monetary compensation for rented housing;
- calculation example;
- if for purchase.
Documentation of the rented place
To receive monetary compensation for subletting housing, it is imperative that this procedure be properly documented.
To implement this type of procedure, you will need to prepare the following papers for submission to the responsible person:
| A copy of the residential lease agreement | There is no need to certify this document |
| Reference | Which contains information about the family composition of a particular serviceman |
| Confirmation of enrollment of a person undergoing military service | Member of a specific unit or military organization |
| Copy of passport of a citizen of the Russian Federation | As well as similar copies of all family members of the serviceman himself, if there is a marriage |
| Confirmation of children's registration | Under 14 years of age at place of residence |
The above list is completely exhaustive; it is approved in the legislation in force in the Russian Federation.
The responsible person accepting documents for sublease of housing does not have the right to demand anything else.
If a precedent of this kind arises, the serviceman has the right to complain to higher authorities, and they are obliged to take appropriate measures.
This point is also reflected in the relevant regulations.
Set rates
Today, the amount of monetary compensation for sublease of real estate is regulated by Government Decree No. 989 of September 18, 2015.
Moreover, earlier, before this resolution was put into effect, the rate was strictly regulated.
Today, a floating rate has been established, depending on the specific region of service and other important points. For example:
| Moscow | 86% |
| Saint Petersburg | 94% |
| Khabarovsk/Ekaterinburg | 98% |
| Rostov-on-Don | 91% |
| Akhtubinsk | 91% |
But at the same time, certain limits apply that affect the footage of the rented area and the rental price of one square meter:
| 24 m2 | For one person |
| 36 m2 | For two |
| 43 m2 | For three persons |
Moreover, if the number of all family members is 4 people or even more than this value, then a standard of 12 m2 per person is established.
But it should be remembered that the maximum allowable amount paid for sublease housing is 36 thousand rubles.
How to calculate monetary compensation for rented housing
To calculate the amount of monetary compensation for sublease housing, you must use the following formula:
The standard represents the amount of living space allocated to a soldier or his family in a particular case.
The correction factor is a certain value that is selected based on the service life (10 years - 2, 15 years - 2.5, and so on). The standard is understood as the average cost of 1 m2 in a given region.
Calculation example
The easiest way to understand the procedure for calculating the amount of compensation is using the following example:
The serviceman has more than 10 years of service, but less than 15, therefore an adjustment factor of 2 is applied. Moreover, he is not married, the area of housing entitled to him according to the NAP is 24 m2.
A specific serviceman lives in Moscow and rents an apartment of 31 m2 for 50 thousand rubles. In this case, he is entitled to payment.
If for purchase
Also, according to current legislation, the military is entitled to various types of benefits related to the purchase of housing.
Find out the compensation paid upon liquidation of an enterprise from the article: compensation. Read here how to keep track of expense reports.
For a sample application for reporting in 2020, see here.
At the moment, with over 20 years of service, it is possible to receive 5 million rubles for the purchase of real estate and the construction of your own home.
Who is eligible for this benefit?
According to the document discussed in paragraph 5 of the previous paragraph, in paragraph 1. The categories of people classified as employees in military units are indicated
- military personnel who have entered into a contract, as well as their families;
- families of military personnel who died at the moment or who died during their service in organizations related to the military;
- military personnel discharged into the reserve and members of their families in need of housing;
- military personnel performing their duty in the federal security service, as well as relatives belonging to this family;
- families of military personnel fulfilling their duty in the federal security service of those killed (deceased) during their service in organizations related to the military;
- military personnel who have fulfilled their duty and have been transferred to the reserve from the federal security service, as well as close people living with them.
These categories must not own residential real estate suitable for any kind of residence (permanent or temporary) and be located at the place of military service of those listed.
Clarification : if an application for state support measures has not been submitted.
Otherwise, they lose the right to the above benefits.
How to exercise the right to sublease
To take advantage of the right to compensation for sub-hiring in 2020, military personnel must either be in the army or be transferred to the reserve. This rule applies only to military contractors.
When deciding on the assignment of payment, the availability of suitable premises for living is taken into account not only by the military man, but also by his relatives. And if it is, then sublease will be refused. To obtain the right to compensation for subhiring military personnel, the applicant must submit a report addressed to the head of the unit. That is, you need to report the problem yourself.
The procedure for paying dismissed military personnel for sublease housing suggests that not every one of them has this right.
The privilege applies only to those who submitted an application to improve their living conditions before 2005. That is, until the year the mortgage housing system was introduced, and all military personnel received certificates.
Organization or algorithm of verified actions
First of all, the above categories of citizens need to be included in the lists of those in need of office space in accordance with the document presented in the list of the legislative framework under number 4.
These categories of citizens can be included in such lists provided that it is impossible to provide them with housing in accordance with the legislation of the Russian Federation.
In order to get on the lists, a military man needs to study the procedure for receiving compensation, collect the necessary documents, conclude an agreement, submit a rapport to the commander (chief) of the local military unit where he arrived to serve, with its name.
It is allowed to rent real estate in places of deployment, outside these territories, subject to the conclusion of an agreement.
Documentation
Necessary documents that must be attached to the rapport include:
- Documents (copies) capable of verifying the identity of the person applying, as well as similar documents for the family. It is important to have registration marks at the place and fact of residence.
- The agreement can be concluded for a house, apartment or parts thereof, or the area of any other premises.
- Certificate about the composition of his family from the military unit.
- A copy of the notification about the inclusion of a military civil servant in the list specified in the regulatory act number 4.
- Certificate of military enlistment in the civil service of a military unit.
Procedure for drawing up an agreement
State authorities that have residential real estate in their stock for rent to citizens who have served in military service have standard agreements regulating the terms and conditions.
Therefore, from the point of view of the legal field, such an agreement can be a standard one, which specifies the participants, dates, time periods, living conditions and termination of the agreement.
An act of acceptance of the premises and its condition at the beginning of the conclusion of the contract must be drawn up with the contract
After this, the military man and his family members have the opportunity to register for housing and are required to obtain a certificate of stay at the new place of residence. Copies of the agreement and certificate of registration are attached to the rapport. Documents must be officially registered and signed by the parties.
Writing a rapport
The report must be submitted to the commander (chief) of the local military unit where the military man arrived, indicating its name.
The request should reflect your military rank, give your last name, first name, patronymic, your own personal number of the serviceman, indicate the number of residents and write down the names of everyone in the family. Next, you need to accurately write the address of the rental property. Show the date and number of the conclusion of the contract with the landlord, the time when the applicant and his family members began performing military duties.
It is also important to indicate the date of inclusion in the list for the provision of housing from a specialized military fund and indicate whether it was proposed to use the available real estate for living at the place of assignment for service.
It is mandatory to indicate consent to the processing of data about yourself and your loved ones, with confirmation of the accuracy of the information.
Then the attached documents are listed, indicating their number and name. A signature is placed, its decoding and the date of drawing up the document.
The applicant is obliged , as a rule, within five working days to send a notice to the employer, in whose name a report is drawn up about changes in the information provided or about the termination of the right to this benefit or to receive it in increased amounts.
Rules for the procedure for renting housing by military personnel
If a military man or his relatives do not have their own housing in the region where they are serving, then he submits a report to the head of his unit. In it, he declares that he will be provided with financial assistance for social services. renting an apartment from the state.
If the application is approved, the serviceman begins an independent search for an apartment, if the army cannot provide one. There are mandatory requirements for the apartment you are looking for:
- The size of the apartment must correspond to social norms. The number of family members is taken into account.
- Housing should be located near the place of duty.
If an agreement is concluded between an employee and a military unit, then we are talking about concluding a sublease agreement. This option is possible if the apartment is located in the housing stock of the Ministry of Defense. In this case, there are no rental agreements with third parties. A report is written on the allocation of a special apartment, and a package of documents is attached: a certificate of family size, birth certificates, passports of all its members, a certificate of inclusion in the list of the unit.
Sequence of compensation payment
Documents that form the basis for the assignment of compensation are reviewed in the military unit, signed by the commander and forwarded to the financial and economic body, which makes calculations of a compensatory nature on the basis of the legal acts specified in paragraph 2 and paragraph 6 of the paragraph on the legislative framework of this article.
Regardless of the time of submission of documents from the applicant, commanders of units and their subdivisions submit to the financial and economic department updated lists of those citizens liable for military service who have already applied for state support. By the twentieth day of the month considered current. At the same time, this body itself is obliged to provide generalized lists according to the territory belonging to the authorized body by the twenty-fifth day of each current month in the form.
After the authorized body accepts these lists, the financial and economic department notifies the unit commander of their receipt within, as is known, three days, which will be working days. Further, within, as regulated, five working days, commanders of units and subunits issue an order to assign monetary compensation to those military employees who are entitled to it.
Financial support is provided monthly until the occurrence of circumstances that prevent the fulfillment of these obligations. Namely:
- provision of housing if a contract of another kind has been concluded, for example, social rent;
- receiving a subsidy or certificate, housing or funds for the purchase of residential real estate or its construction.
Compensation for renting housing
Which military personnel have the right to receive compensation for subhire
If it is impossible to provide a serviceman with service living quarters or a room in a dormitory, he is allowed to enter into a rental agreement (sublease).
See also, salary calculator. How will your salary change after the increase this year?
The right to receive compensation can be exercised by:
citizens of the Russian Federation - military personnel serving and members of their families;
- family members of a serviceman who died during military service;
- citizens of the Russian Federation who retired from the army, but are not provided with housing and are registered, and their family members;
- family members of a dismissed citizen who died (died) after dismissal and was registered.
Find out how to start earning your fitness level bonus
Who can use housing sublease and under what conditions?
Making cash payments under a sublease agreement is an integral measure of assistance, with the help of which the state significantly helps to compensate the amount of costs to officers for renting housing.
Those who are eligible to take advantage of this opportunity are divided into several categories , namely:
- military personnel who continue to perform military service under contract;
- military personnel who were transferred to the reserve.
More specifically, military personnel can use subhire if they meet the following requirements :
- officers, including members of his family, do not own their own living space in the region where the military man serves;
- at the personal request of the serviceman himself.
If we talk about the basis for receiving monetary compensation for subhiring, then this is an order from the commander of the unit in which the serviceman is serving.
The category of military personnel who were transferred to the reserve also have every reason to receive compensation for sub-hire.
Attention
Both of these options involve compensation for the employee if he spends his own money on rent.
What documents are needed to rent housing for military personnel 2020
Important
Calculation nuances:
- family size is taken into account;
- the cost of one square meter of housing is taken into account;
- If there are more than 4 people in a family, then compensation for sub-rental housing for military personnel in 2020 will increase by 2 times.
According to the standards of the Ministry of Labor, one person is entitled to 24 square meters, two – 36, and three – 43. Further, each person is entitled to 12 square meters of space.
Monetary compensation for renting housing to police officers and subletting residential premises to junior army personnel, namely sailors, privates, sergeants and foremen, is issued in a fixed amount.
In Moscow and St. Petersburg the highest compensation standards are 15 thousand rubles each. In district and regional centers the amount is more modest - 3.6 thousand per month, in other territories - 2.7 thousand rubles.
