Why can they evict you from an apartment on social rent?

Rights of residents in state apartments

The procedure for operating a residential municipal facility is regulated by Art. 60, 65 and 67 Housing Code of the Russian Federation . In a social rental agreement, the owner of the housing is the municipality, that is, the lessor, and the tenant is the person who lives in this apartment.

The tenant is not considered the full owner of municipal housing; he can only live in it. Tenants do not have the right to sell, donate or bequeath such housing, since the real estate is assigned to the state.

Through the court

To evict a tenant (regardless of who the owner of the property is), you must file a claim in court.

If there has been a violation of the rights of other citizens, then the first thing you need to do is call the local police officer, who will be able to record the violation, which will become the basis for appealing to the courts.

The claim will be filed at the place of residence of the tenant, and the owner of the apartment will act as the plaintiff.

A copy of the statement of claim will be sent to the defendant (employer). The case will be considered by the city or district court department.

All accusations against the employer must be proven, otherwise they will not be taken into account.

If there was an attempt to resolve the issue pre-trial, then information about this will also be presented in court.

If the court confirms the legality of the eviction demands, the bailiffs will receive a writ of execution with the appropriate decision, after which they will begin to initiate enforcement proceedings (that is, they will evict the offender from the apartment).

The owner cannot evict a person from an apartment who has lived in it for less than a month.

In a non-privatized apartment

In Russia's housing stock, approximately 20% of apartments are municipally owned. People live in such apartments under a social tenancy agreement. It is necessary to understand the difference between privatized apartments and municipal housing. In a privatized apartment, the owner is a citizen; he has all rights to housing, as he has received a certificate of ownership. In a social rented apartment, the owner will be the state or municipality. Citizens enter into a housing agreement with the municipality, it is concluded with one family member, the tenant (formerly the main tenant), other family members are included in the agreement. Moreover, everyone included in the contract has equal rights to use and live in a municipal apartment. Most often, the municipal housing stock consists of former dormitories transferred by enterprises to the management of local governments, apartments received according to the limit when registering for certain types of work, for example in Moscow and the Moscow region.

The concept of a financial personal account.

For each apartment, the housing company has an account, which is called a personal account. It is formed once a month, for each individual apartment. It indicates which apartment, floor, number of registered, and then lists all utilities provided by the management company. Some services are calculated based on metering meters, for example water, others are calculated from each registered person, something is calculated based on a square meter of the apartment, for example cleaning the local area. One sum is formed, which can be a decent amount, especially high tariffs for utilities in large cities, for example in Moscow. Receipts for payment of utility bills are sent to everyone, regardless of the form of ownership of the apartment.

Who has the right to share payment for utility services?

According to the legislation in our country, apartments that are privately owned and owned by the state are recognized. Apartments in private ownership can often belong to several owners, but this property is considered common. In a privatized apartment, before dividing accounts, it is necessary to allocate shares from the common property. This procedure can be carried out notarially, with the full consent of the parties, when the owners themselves determine their shares and notarize them. This document has legal force also if it were a court decision. Another option is to determine shares through the court; this procedure is carried out when there is no agreement on resolving the problem. It may be that someone disputes the size of their share or does not want to determine it at all. In this case, they trust the fair decision of the court. Once you have received the decision, you can contact the housing office to split your financial account. But it’s not a fact that you will be allowed to do this; you may have to go to court again with a claim against the management company.

As a rule, such rooms and apartments were received before 2005, they were received by families, which then grew, more families were formed, divorce proceedings went through, someone got married for the second time. And two or more families began to live in a municipal apartment, as a rule, these were families of parents and adult children, new families of former spouses. Living in such conditions is full of conflicts, they start from everyday problems and end with paying bills. At this stage, it is often necessary to separate personal accounts in a non-privatized apartment.

Legislative right to separate personal accounts.

The law does not have established rules and norms for the division of personal accounts and therefore the courts do not separate personal accounts, but determine the payment procedure with the allocation of the share of each resident. If this is a privatized apartment, then the payment is determined according to the share of common property. But what if the apartment is municipal, there is no way to determine the share of ownership, but it is possible to determine the order of residence and the procedure for paying for utilities. If we allow the separation of accounts, then it follows that each person will have to enter into a separate social tenancy agreement, which is clearly prohibited by law, Article 82 of the Housing Code of the Russian Federation. You, of course, can go to court with a claim to split your personal account, but it will be denied to you, based on the rules of law. How to go to court regarding the division of a personal account in a non-privatized apartment.

If there is a problem with paying bills in an apartment where citizens live under a social tenancy agreement, file a claim in court. You can learn how to correctly draw up an application from a housing law lawyer. For example, if you file a claim for division of a personal account, it will not be accepted. It is necessary to file a claim regarding the payment procedure and the allocation of a share in the total payment. Sample applications are always available at law firms; specialists will help you fill out the forms and also send them to the court. And so they write an application to the court, attaching a social tenancy agreement, copies of the passports of everyone included in the agreement and some other documents, a list of which is available in the court. Any adult capable family member has the right to file such a claim, since everyone is equal in a social tenancy agreement, regardless of who entered into the document. The court, having considered the case, makes a decision according to which it determines the shares in payment for utility services and the payment procedure. There are situations when the plaintiff goes to court with a claim for non-obstruction of moving into and living in an apartment. The court obliges the defendant to hand over the keys and allows occupancy; if further illegal actions are taken, you contact the bailiff service. If you receive a court decision and it is positive, go to the management company and allocate your share of the payment. Now a municipal apartment will have one personal account, but it will be formed from two or more receipts, based on the number of shares allocated by the court. Now everyone will pay for the apartment for themselves, and will be held responsible for late payments.

Courts always refuse to separate financial personal accounts, as they make reference to the law. Citizens often appeal to the higher courts, but they also refuse. Everything is based on the law, according to which it is not possible to divide the social tenancy agreement, adopted in 2005; before that, personal accounts were divided, this is done in order not to increase the number of communal apartments. Another aspect of this issue is that citizens live in municipal apartments that are in dilapidated or dilapidated housing stock and are in line to improve their living conditions. The state, under the dilapidated housing program, allocates new free apartments to such families, and many want to split their personal account to receive additional housing. But since the law prohibits dividing accounts and separating social employment contracts, such cases do not work.

Responsibility for late payment of housing and communal services.

Now that you have achieved the right to pay separately for utilities, you will have responsibilities for timely payment of bills, every man for himself. If someone is three months behind on their utility bills, the management company or service provider with whom you have an agreement may sue you. If you are in arrears in a council apartment, you can be evicted if they see that you do not have difficult life circumstances or that you lead an immoral lifestyle and have no desire to pay your bills. It is a little easier if the apartment is privatized, here, since you are the owner, they do not have the right to evict you, but they collect the debt, go to court to issue a court order and seize property or seize salary bank cards. This is the difference in responsibility when paying financial bills.

Criteria used when dividing personal accounts.

The question is often asked what size apartment should be in order to split the bills.
For example, there is a two-room municipal apartment, the former spouses want to share it. The court will accept a claim on the procedure for paying utility bills and allocating a share to everyone. The judge will issue a decision where he will determine everyone's share. It will be 1/2 of the total living space; if a child lives with one of the spouses, then the share of payment will be increased for the person with whom the child lives. Is it possible to allocate shares when dividing a personal account in a non-privatized apartment, if it is one-room? Yes, such a division takes place, since by law everyone can pay for themselves. The judge will also allocate a share of the payment and the management company must generate two receipts for one apartment. It is worth understanding that the apartment will always have one personal account, but payment can be made using several receipts. The best thing is, if possible, privatize the apartment, then you will become the owner of your part, which you can dispose of at your own discretion, that is, sell or inherit. Rating 3.68 (11 Votes)

Rights and responsibilities of residents in a social rental apartment

The disposal of an apartment that was transferred under a social tenancy agreement is limited, since a citizen who has received the right to reside and use housing cannot fully exercise the powers provided for the owner. Accordingly, you cannot sell, donate, bequeath or make other transactions with a non-privatized apartment.

When the tenant dies, the apartment he used on the basis of social rent does not change its non-privatized status and remains the property of the municipality. According to Art. 82 of the Housing Code of the Russian Federation, a family member of a deceased person can re-register a rental agreement in his own name, maintaining the previous terms of the agreement.

Only those persons who lived with the deceased person, even if they are not relatives, can apply to re-register the contract on the same terms. If there were no such people, then the municipality has the right to transfer the right to use housing to other persons not related to the previous tenant.

Documentation

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Inheritance of a given premises

Since a municipal apartment already has an owner - the state, members of the tenant's family cannot inherit it.

Everyone who has a residence permit in a municipal apartment has the right to use it, even if the responsible tenant has died. You just need to re-register the social lease agreement for another family member.

In order to dispose of housing, it must be privatized, that is, registered free of charge as property.

Everyone who has a permanent residence permit has the right to do this.

List of documents

To register ownership of a municipal apartment you will need:

Operation of social housing premises

The regulation of the use of municipal housing is carried out by articles 60, 65 and 67 of the Housing Code of the Russian Federation. In order for the exploitation of residential premises to be recognized as legal, a social tenancy agreement is concluded, according to which the citizen is always the tenant, and the owner (municipality) is the landlord.

Attention! The agreement cannot contradict the provisions of housing legislation; accordingly, the citizen is provided with the following list of rights:

• to move in persons who are not relatives of the tenant;
• re-let the residential premises either completely or partially;
• provide the opportunity for temporary residence to other persons;
• exchange or replace one home with another;
• make demands for the provision of utility services, major or routine repairs, and so on.

At the same time, the tenant is obliged to maintain the condition of the housing, use it only for its intended purpose, and also ensure the progress of repair work and payment for housing and communal services.

If there are circumstances that allow a person to fulfill obligations or exercise rights under a rental agreement, then the owner of the premises must be informed about them. If a citizen violates the terms established by the contract, the municipality has the right to terminate the relationship with the tenant and stop using the housing.

Who is obliged to pay debts for housing in a municipal apartment?

Procedure for eviction from a municipal apartment for non-payment of utilities If a citizen living in a municipal residential building does not pay for utilities for several months, he is sent notifications from the Criminal Code of the Russian Federation with a request to pay off the debt. When non-payment is longer than 6 months, the municipal authorities that provided the housing may apply to the court with a claim.

The evidence base is the testimony of employees of housing and communal services, certificates of debt indicating the amount and period, the date of the last payment.

Who does not have the right to housing

To privatize an apartment, a citizen must have permanent registration at a specific address. If we are talking about relatives, then they must be specified in the contract and live together with the employer. To register other persons and give them the opportunity to privatize housing in the future, you will need to obtain the consent of the municipality.

In the event of the death of the tenant, non-privatized housing remains with close relatives (children, spouses, parents), if they are registered in the apartment. Other citizens cannot apply for living space and formalize privatization. Any of the relatives living with the deceased tenant can act as a recipient of housing, subject to the age of majority and legal capacity.

Municipal apartment after the death of the tenant

According to Art. 69 of the Housing Code of the Russian Federation, if the responsible tenant had relatives and they lived with him (that is, they had registration in municipal housing and were indicated in the social tenancy agreement), then the right to operate this apartment passes to them.

The transfer of the right of use is formalized by concluding a new social tenancy agreement with the owner.

The employer can be any member of the deceased’s family, specified in the previous contract and registered here.

But he must meet the requirements imposed by law on the employer.

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That is, it should be:

If the tenant lived alone in a non-privatized apartment or other relatives lived with him without registration, then after the death of the tenant the housing will “return” to the owner, that is, to the municipality.

The relatives of the deceased will not be able to inherit it. It will continue to be provided to citizens recognized as needing municipal housing under a social tenancy agreement.

Option for subsequent privatization

If the apartment is owned, then you can dispose of it at your own discretion.

It can be:

If an apartment is privatized for several owners, then it can only be sold with the consent of everyone.

Registration in municipal housing for spouse, husband, children

Registration in a municipal apartment is radically different from the procedure for registration in privatized housing. The rules and package of documents submitted for registration are different. Below we will try to briefly answer the question of how to register in a municipal apartment.

Art. 40 of the Constitution guarantees the right of citizens to housing

What kind of housing is called municipal

The municipal housing stock is the property of municipal authorities, which, according to social rental agreements, provide the tenant with the right to reside and register himself and close relatives (wife, husband, children, parents).

Obtaining permission for registration or temporary registration in a non-privatized apartment of third parties, even if they are relatives, is extremely problematic. Citizens have the right to live in such housing, use utilities, and rent out the premises, but they cannot give, sell, or bequeath.

To find out how to get a municipal apartment, you need to contact the administration of your city of residence with a large package of documents to get in line for an apartment.

You can register, but who?

Registration in a non-privatized apartment on social rent is possible with the consent of the responsible tenant. It is he who should know how to register in a non-privatized apartment, observing the law.

Is it possible to register a person in a non-privatized apartment without much hassle? The answer is yes, if it is the registration of the wife with her husband in a municipal apartment, the registration of parents and children.

It is possible to register a stranger or a distant relative, but the registration procedure is longer and does not always end with a positive result.

Registration in a non-privatized apartment according to simplified rules applies only to the wife/husband/children/parents of the responsible tenant

What do you need to register in public housing?

Having a social rental agreement in hand, the responsible employer applies to the passport office or MFC with the following documents:

• passports (of the registered person and the employer);
• agreement for unlimited use of housing;
• consent of all residents;
• certificate of personal account;
• military ID (for men);
• marriage certificate (if spouses are registered);
• extract from the house register;
• certificate of departure from previous place of registration.

It is possible for a child to register in a municipal apartment without the consent of the tenant or his family members.

If there is the consent of the municipal authorities, the consent of all people registered in a given living space, relatives of the tenant can register in a municipal apartment.

Stages of temporary registration in municipal housing

How to register a person in a non-privatized apartment temporarily

? A special feature of this type of registration is the presence of the consent of the municipality (since the housing is public).

The documents are submitted to the local Federal Migration Service, which will coordinate the decision with the landlord. A response should be expected within a week.

After the specified period, the registered person receives either a certificate with temporary registration or a refusal to register.

The refusal is justified in the following cases:

• lack of space for the registered person;
• debts for utility bills;
• lack of consent of the relative.

Temporary registration in a municipal apartment is not indicated in the citizen’s passport.

Documents for temporary registration:

• passports;
• a copy of the social tenancy agreement;
• military ID (for men);
• birth certificate (provided by children under 14 years of age);
• consent to the temporary registration of everyone registered in the apartment + written consent of the responsible tenant.

Why can you be evicted?

From the above it is clear how to register in a municipal apartment. Next, we’ll find out whether they can evict you from a non-privatized apartment.

Eviction can be voluntary or forced

Voluntary eviction occurs when a person is deregistered due to moving to another place of residence. If the tenant and his family members do not want to move out, they can still be forcibly evicted. The law believes that such eviction is possible only by court decision.

A tenant may be forcibly evicted if:

• the occupied living space was used as an industrial premises and not as a residence;
• rules for living with neighbors were not followed;
• technical damage has been caused to the premises or the premises have fallen into disrepair;
• The social tenancy agreement has expired.

The procedure for registration and registration of citizens is free. A mandatory condition is the presence of all registered adult citizens in person. In the absence of one of those registered, registration in a municipal apartment is not done without the consent and presence of this citizen.

Source: https://zen.yandex.ru/media/id/5a7ebe61f03173f63cff98b5/5a7ec914a815f11941fd54cb