Ksenia Cherkasova, head of the appraisal department, answers:
Without reading the contract, it is difficult to answer unequivocally whether the landlady is right or wrong. The agreement, although it is just a piece of paper, is drawn up accordingly and signed on both sides, that is, by the tenant and the owner of the apartment, and has the legal force of a full-fledged official document. At its core, renting an apartment is a transaction in which each participant expresses his will and intention: the owner voluntarily and under certain conditions transfers the right to use his apartment, and the tenant accepts this right.
According to the Civil Code of the Russian Federation, transactions between individuals in an amount exceeding 10 thousand rubles must be made in simple written form, which means concluding an agreement. The essential and mandatory conditions of any contract, without which it will not be considered valid, include the subject of the contract (in this case, the rental of an apartment) and the price of the contract (the amount of the monthly payment). If the contract specifies conditions that allow the owner to unilaterally increase the amount of monthly rental payments, then, alas, you will either have to pay or look for new housing.
Apartment rental agreement
Instructions: how to register a rental agreement
In the case where a fixed monthly payment amount is indicated for the entire rental period, the landlady does not have the legal right to increase it at her own request. She can increase the payment only after you sign an additional agreement to the lease agreement, which will specify the new price and terms of its payment.
In your case, we can recommend that you carefully read the contract, and if it does not contain a condition for increasing rental payments, indicate this point to the landlady and try to come to an agreement with her. It is likely that she will properly evaluate the “piece of paper” she signed as a legally significant document and will not violate the terms of the deal. Otherwise, you can go to court to protect your violated rights, but this is a long and completely unprofitable way to solve the problem. It’s easier to find a new apartment, fortunately there are no problems with this now.
Subsidies
Providing subsidies for payment of payments for renting municipal housing
If we consider the legislation on subsidies, we can draw the following conclusions. They only apply to utilities and repairs. But low-income citizens, as stated above, may generally be exempt from hiring fees.
To receive subsidies, citizens must meet certain criteria, although they may not be classified as low-income or socially vulnerable citizens.
The main requirement for calculating subsidies is the total level of income of a family, or a specific person, and more than 15-20% of total income should be spent on paying for them.
In an example it will look like this. The total family income is 30 thousand rubles, and 15 thousand rubles are spent on public services (this is 50%). This means that the family is entitled to subsidies, and they can be applied for.
The only thing you need to pay attention to is that the calculation base for subsidies will not include the monthly cost of renting municipal or state-owned housing.
It is important to remember that subsidies are not given to those citizens who have utility debts. As we have already decided, payment for the use of housing is not included in them, so debt on it will not be grounds for refusal of subsidies.
Payment for the use of social housing consists of three main parts and is established by state and municipal authorities. Failure to pay on time may result in financial sanctions in the form of penalties being imposed on citizens.
You can also learn about the calculation of payment for renting municipal housing by watching the video:
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Discussion: 6 comments
- Elena says:
09.10.2017 at 13:39We would be happy to live in an apartment of this type and would also consider a service option. After all, this is a complete benefit, you don’t need to think about a mortgage, etc. It's a shame you rarely see something like this these days.
Answer
- Alexander Brovkov says:
10/18/2017 at 05:17
Being a military man, I change my place of residence almost every two years. My family travels with me. Due to my special status, almost everywhere I am provided with housing under a social tenancy agreement. A very convenient way to rent residential premises at prices below market prices, since housing is usually owned by local governments! But your own home, whatever one may say, is better!
Answer
- Maria says:
11/16/2017 at 2:24 pm
Now more than 50% of our families can be called socially vulnerable. With such salaries and unemployment in the country. I used to think that if the apartment is a company one, then it is paid for by the organization to which it belongs. But everything turns out to be much more complicated. Also, the payment amount is not fixed due to one component - payment for utilities. Still, it is more profitable to live in your own apartment than to rent municipal housing.
Answer
- Olga says:
11/28/2017 at 12:43 pm
Although the amount of the fee is not fixed, you will still pay much less than most citizens who rent apartments on their own. In addition, in my opinion, there is a right to purchase municipal housing.
Answer
- T.S. Pereturina says:
04/23/2018 at 17:30
We have rented municipal housing under a contract and, in principle, there have been no problems with this so far. We make payments using payments that come from the management company and from the power grid. Plus payment for the phone.
Answer
- Bril Mark Yurievich says:
06/14/2018 at 11:30
We had no problems renting municipal housing. In the “dashing” nineties, we privatized housing. But then it was “deprivatized”, since it was very expensive to pay and housing and communal services were “exorbitant”!
Answer
The director of the legal service “Unified Center for Protection” (edin.center) Konstantin Bobrov answers:
As follows from paragraph 2 of Art. 682 of the Civil Code of the Russian Federation, it is impossible to change the rent for housing without the consent of the tenant, unless there are exceptions provided for in the contract or in the law. Therefore, the tenant can be recommended to send a claim to the owner demanding clarification on the basis of what provision of law or clause in the contract she increased the rental price.
If the answer is not received or if the reason is not clearly stated in the answer, then you can warn her of your intention to file a claim in court to declare the unilateral price change illegal and to seek compensation for moral damages. She can also be additionally warned of her intention to contact the tax authorities with a request to verify her fulfillment of her obligations to pay personal income tax (NDFL). If she didn’t pay it, then this may motivate her to start acting within the law. If the owner refuses to leave the payment the same, you can go to court. It is also worth adding that if the contract still contains a clause on the landlord’s right to increase the rental price, then it will be much more difficult to defend his position.
How to draw up a social tenancy agreement
If the tenant has made a redevelopment and refuses to restore the residential premises to its previous condition within a reasonable time, the court, at the request of the landlord, may decide to terminate the social tenancy agreement and evict from the residential premises.
Who can draw up a social tenancy agreement?
Submit an application (request). It must be signed by all family members who want to be recognized as needing housing. Each region has its own application templates; they can be found on the website of local authorities, on the government services portal, or taken from the MFC.
In general, subsidies are provided for a period of 6 months . You need to find out where exactly to apply for it from your local administration. Most often, specialized departments of social protection of the population .
- payment for the use of living space . This means directly paying money for the fact that the premises are provided for living;
- money for utilities . This indicator varies greatly depending on exactly how many resources (electricity, water, gas, etc.) the employer spends;
- bills for current repairs.
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Rates
According to Article 155 contained in the Housing Code of the Russian Federation, payment must be made before the 10th day of each new month that follows the expired one. However, a different procedure may be specified in the contract, in which case the payment is made in accordance with the established schedule.
For example, the authorities regularly make decisions to include a building in the emergency list. Department employees are required to find out this information. Sometimes buildings have no owner. We have to define it. And this also requires additional time.
- debt on utility bills for more than six months;
- destruction and damage to residential premises by the tenant or persons for whose actions he is responsible;
- systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises;
- use of residential premises for purposes other than their intended purpose.
Reasons for refusal
- As a rule, the lessor (owner of buildings) of military personnel is the Ministry of Defense.
- The department does not want to part with the housing stock, although it has no legitimate grounds for this. In action are:
- delaying the process;
- putting forward illegitimate arguments.
In Art. 63 of the Housing Code of the Russian Federation determines that a sample contract for social rental of residential premises (in 2020-2020, as before) is approved by the Government of the Russian Federation. The current standard form was introduced by Decree of the Government of the Russian Federation No. 315 of May 21, 2005.
The head of the Anti-Chaos Agency project, Ksenia Mokhort, answers:
It doesn’t matter at all who prepared the apartment rental agreement for you. It is important what conditions it contains and whether it is signed by you and the owner of the apartment. Review your contract carefully. Find the clauses of the contract that contain the conditions regarding the amount of rent for the premises and its changes. If your agreement provides for the possibility of the apartment owner increasing the payment, then check:
- the period within which the owner must notify you about this;
- how should the owner notify you of a fee increase;
- how the fee increase should be formalized;
- the amount by which the fee can be raised (a specific amount or percentage may be specified).
If the owner of the apartment acts in accordance with the terms of the agreement you signed, then his actions are legal. If your agreement does not provide for the possibility of the apartment owner increasing the payment, then he can do this only by agreement with you. Unilateral changes in rent for residential premises are not allowed under Art. 682 of the Civil Code of the Russian Federation.
What should you check in an apartment before renting?
I moved out of my rented apartment, but the owner continues to demand payment. Who is right?
Procedure and rules for the privatization of housing under a social tenancy agreement in 2020-2020
Orphans and children without parental care have greater opportunities. The fact is that, according to social norms, the state undertakes to provide a child left without parental care with living space. This is done according to the following rules:
Conditions for obtaining home ownership
- failures, if any;
- power of attorney from absent persons, executed by a notary;
- confirmation of guardianship rights if the family includes incapacitated citizens.
Hint: it is recommended to first inquire about the exact name of the recipient government agency. They may vary depending on decisions of local authorities.
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Construction and technical expertise is carried out as follows. Experts go to the site of the examination and first of all determine the wear of building structures and the deformation of the facade. Next, compliance with GOSTs and SNiPs is considered. The building must also meet sanitary and fire safety regulations. After this, experts make calculations based on special calculation methods used in forensics, mathematics and natural sciences. They then issue a corresponding document.
The Housing Code also provides for payment deadlines: according to Article 155, funds must be paid before the 10th day of each month following the billing month. But a social tenancy agreement may make changes to the payment procedure and contain a different payment schedule.
RECOGNITION OF SOCIAL HOUSING AS UNEMPLOYABLE
The basis for declaring housing unfit for habitation is a statement from the owner or tenant. After the applicant’s application, the relevant authorities determine a list of documents for making a decision, including the above-mentioned documented examination and an inspection report of the premises, if necessary. Then work is done to assess the premises and the necessary documentation is drawn up. Next, the executive authority or local government makes a decision, documents it and transfers it to the applicant and the owner of the residential premises.
_____________________________ , hereinafter referred to as the Lessor , on the one hand, and ________________________________ , hereinafter referred to as the Tenant , on the other hand, have entered into this agreement as follows:
New housing and communal services tariffs from January 1, 2020: table
Article 157.1 of the Housing Code prohibits increasing tariffs for housing and communal services above the maximum growth indices. Therefore, the increase in tariffs, which in total will not exceed 4.2%, will be evenly divided among all types of utilities and will not go beyond the limit value. In total, utilities provide six types of services:
As practice shows, most often the largest percentage of indexation goes to companies that provide citizens with electricity, heat and gas. And water utility tariffs often remain for years without revision. This is what explains the low quality of water. Companies are unable to find funds to purchase modern equipment and introduce new cleaning systems.
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