Article 83. Termination and termination of a social rental agreement for residential premises. 1. A social rental agreement for residential premises may be terminated at any time by agreement of the parties.

Today, the issue of terminating a social tenancy agreement is particularly relevant. Articles 83 - 85 of the Housing Code of the Russian Federation regulate the process of terminating a social tenancy agreement and regulating the eviction of citizens from residential premises provided under such an agreement. In this article, we will consider whether it is possible to terminate a social tenancy agreement unilaterally, what grounds and documents are needed for this, and we will also analyze the legal consequences of this procedure for both parties.

Unilateral termination of a social tenancy agreement: legal grounds

Termination of a social tenancy agreement unilaterally
You can terminate a social tenancy agreement for residential premises at any time by agreement of both parties.

The tenant has the right to terminate such an agreement at any time, having the written consent of all those living with him in this premises. If the tenant has found another place to live, then the date of termination of the social tenancy agreement is the date of departure .

However, if the initiative to terminate the contract rests with the landlord and the parties fail to agree peacefully on eviction, then the landlord needs to put forward certain requirements for eviction, namely:

• failure to pay rent for accommodation in the premises and utilities for six months;
• systematic, repeated violations of the rights and legitimate interests of neighbors, constantly receiving complaints from them;
• illegal redevelopment of premises;
• use of residential premises for other purposes, organization of an office, workshop in the apartment, etc.;
• destruction and mismanagement of housing;
• violation of sanitary, technical and fire safety standards;
• the presence of a commission decision on the emergency condition of the building or whether it is subject to demolition.

A social tenancy agreement may be terminated due to the death of a single tenant.

Let's look at an example . Lonely pensioner Petrenko Yu.V. On September 20, 2006, he entered into a social rental agreement for an apartment with the local administration, paid rent and utility bills on time, kept the premises clean, and did not conflict with neighbors. On May 17, 2017, the tenant died of a heart attack. From this date, the social tenancy agreement ceased to be valid.

The procedure for termination at the initiative of the lessor

Termination of a social tenancy agreement in connection with the decision of the landlord is carried out in compliance with the following steps given in the table.

Failure to pay rent for housing is considered for a period of six months. When the contract is concluded for a short-term period, it is enough not to pay payments for two months in a row.

Legitimate reasons

There are two parties to a rental agreement - the citizen (tenant) and the homeowner (municipality), each of which has rights and obligations.
If circumstances change, the question of terminating the contract may arise. The grounds for termination of the contract can be divided into two groups:

• violation by the employer of the terms of the contract. The initiator is the owner of the property;
• a citizen’s decision to stop living at a given address.

The grounds for termination of a social tenancy agreement are listed in Art. 83 of the Housing Code of the Russian Federation. The list of reasons is limited and cannot be expanded on your own.

Cancellation of a social tenancy agreement for residential premises is carried out by:

• destruction of residential premises, including due to insurmountable reasons;
• death of the tenant, if he lived alone;
• by mutual agreement;
• at the request of the tenant, including in case of moving to another home;
• at the initiative of the owner - for reasons of constant violations by the tenant of the terms of the agreement.

It is impossible to terminate a social tenancy agreement if the rights of other persons, mainly socially vulnerable categories, are violated as a result.

First of all, we are talking about the minor children of the tenant. First, work should be done to deprive parents of the rights to raise children. Guardianship services will find someone who will take care of the children and determine their place of residence: in a new family or in social protection institutions.

A social tenancy agreement with the following persons is not subject to termination:

• those sentenced to serve a sentence;
• undergoing treatment in psychiatric healthcare organizations;
• for a long period of time not being in housing for valid reasons (for example, a business trip of persons liable for military service).

Having the intention, the tenant has the right to terminate the contract at any time.

At the same time, the law obliges him:

• make payments for housing and utility bills;
• hand over the premises in good technical and sanitary condition.

Important! If a citizen does not live alone, then the written consent of all family members registered in the living space must be attached to the application for termination of the agreement.

The main reason for terminating a social tenancy agreement at the request of the tenant is his departure to another address. The date of termination of the relationship in this case will be the day the apartment is vacated by the citizen’s family.

At the initiative of the lessor, it is possible to terminate the legal relationship if:

• the tenant has debts on housing and communal services for more than 6 months;
• the premises have significant damage due to the fault of the tenant or persons for whose actions he is responsible (his family members, guests, subtenants). It is clear that in the event of an invasion by robbers or in the event of a fire, a person will not be able to prevent damage to the home;
• a citizen leads a lifestyle that systematically violates the rights of his neighbors. Such cases are common - musical accompaniment at night, for example;
• the employer arbitrarily changed the purpose of the housing, for example, opened a service salon there or established industrial production.

The most pleasant option for terminating a social tenancy agreement is mutual consent. Both parties consider the termination of legal relations to be correct and necessary. The initiator in this case can be any party - both the tenant and the landlord.

If the contract is terminated at the initiative of a citizen, then he must submit an application to the municipality at any time - there are no restrictions on filing such a petition. Another option is when the initiative for termination comes from the landlord, but the citizen does not bring the matter to trial and voluntarily evicts from the apartment.

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.

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.

Consequences

After the termination of the social tenancy agreement, all obligations of the landlord towards the citizen are canceled. The most severe consequence is eviction from housing.

Important! Eviction based on a court decision based on a claim from the municipality is carried out without providing the citizen with other housing.

We invite you to familiarize yourself with Basic accounting entries - examples

Despite the severity of the sanctions, it should be said that the blame for such a decision lies entirely with the citizen himself, who stubbornly did not take measures to correct the violations.

The municipality brings a case to court only in extreme cases, when all other possibilities have been exhausted. There is an exception: if they are evicted due to debt on housing and communal services, then they are required to provide other housing, but according to the standards for hostels.

The law provides for the obligation to provide other residential premises upon eviction, if it is not possible to preserve the existing one in its natural form: its demolition, transfer to non-residential premises, major repairs or reconstruction.

If you have questions, consult a lawyer

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A social tenancy agreement is a document concluded between a municipality and a citizen, according to which the latter receives the right to reside and use residential premises owned by the state. Such an agreement can be terminated at the initiative of the tenant or lessor.

What reasons can be grounds for terminating the contract? What should a citizen do to refuse the provided housing? We will also consider other nuances of this issue in more detail in the article.

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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.

Reasons and reasons

We have already slightly touched upon the topic of reasons, but further we will reveal them completely separately for each side. The state, represented by a local municipality, may deprive a citizen of the right to reside and use residential premises under a social tenancy agreement in connection with the following circumstances:

• The tenant deliberately worsens the condition of the property.
• Doesn't care about its condition and doesn't carry out routine repairs.
• The tenant causes damage to common property and the property of neighbors.
• Doesn't pay utility bills. The reason may be the absence of payments for 6 months during the year, or the presence of a debt that exceeds the amount of 3 average payments per month.
• Prevents the repair of various housing systems.
• Leads an immoral lifestyle, thereby violating the rights and interests of other citizens.
• Keeps the premises in poor condition, clutters it, thereby worsening its condition.
• Uses the apartment not for living, but for other purposes.
• He moved to another living space and does not use this room.
• The citizen has been allocated another housing due to the loss of the previous one or its recognition as unsuitable.
• The employer lost the grounds for providing such housing, ceased to be low-income, quit his job, thanks to which he received housing, etc.

REFERENCE: A citizen who has another place to live can refuse a municipal apartment so as not to burden himself with paying utility bills for services that he no longer uses.

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.

Drawing up a statement of claim

In order for the court decision to terminate the contract to be made without delaying the process, it is necessary to draw it up competently and clearly and specify in it all the requirements of the landlord. A statement of claim for termination of a social tenancy agreement is drawn up in the following form:

• indicate correctly the name of the court to which the claim is being filed;
• list the full names, addresses and contact information of the plaintiff and defendant;
• list all existing violations of the contract by the employer, calculate the amount of damage;
• briefly state the essence and terms of the agreement;
• list all notifications from the employer about the elimination of violations, and subsequently termination of the contract;
• describe the purpose for which the statement of claim is being filed;
• attach all available evidence of violations by the employer;
• indicate the date of filing the application and the signature of the plaintiff.

The following documentation is attached to the claim:

• the plaintiff’s passport, a document that proves his identity;
• title documents, certificate of ownership;
• social rental agreement;
• evidence substantiating the list of given grounds for termination of a social tenancy agreement;
• receipt of payment of state duty. Since in most cases the plaintiff is a local government, the state duty is not paid.

A sample statement of claim can be downloaded here ⇒ Claim for termination of a social tenancy agreement.

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.

Consequences of termination of a social tenancy agreement

Termination of a social tenancy agreement provides for the termination of the rights and obligations under the agreement of both parties. In this case, such obligations are the provision of residential premises for rent by the landlord and the timely payment of fees for their use and utilities by the tenant.

Forced eviction occurs only by court decision, on the basis of which the landlord can demand eviction from the property after termination of the agreement. In case of refusal to voluntarily leave the premises, this court decision is enforced by employees of the executive service. Also, by a court decision, the tenant may be required to pay all outstanding rent and utility bills, as well as compensate for material damage.

It is possible to terminate a social tenancy agreement unilaterally at the initiative of either party: both the landlord and the tenant. However, a mutual agreement to terminate the contract is always a priority and will avoid many troubles and lengthy legal proceedings.

Who can be evicted and who can't

There are three types of eviction from social housing:

1. If the residential premises are recognized as unsafe. In this case, all residents of the house are evicted, and in return they are provided with living quarters, under conditions no lower than those in the previous apartment. Such eviction is in no way dependent on the behavior of the tenants.
2. If the tenant owes a large amount of utility bills. The eviction occurs by court decision, but the defendant, in exchange for the previous apartment, receives a living space that is smaller in size (for example, a room in a dorm) and, often, less comfortable.
3. If the tenant maliciously violated the rights of neighbors, brought the apartment into an uninhabitable state, or has another place of residence. In this case, eviction also occurs by court decision, but the violator is not provided with alternative housing.

However, not everything is as obvious as it might seem. The legislation of the Russian Federation prohibits eviction from apartments occupied on the basis of a social tenancy agreement:

• minor children, in this case, if the mother and father are not deprived of parental rights, they also cannot be evicted, since children must live with their parents;
• disabled people of the first and second groups;
• single pensioners.