Is it possible to rent out a non-privatized municipal apartment under a sublease agreement? Category “Social hiring” Is it possible to rent out housing?

Instructions

To sublet, write a written application addressed to the owner of the property. The owner of the social service is the local administration, so indicate in the application that you are notifying the owner of the property, represented by the district administration, about the renting of the apartment or the move-in of unauthorized persons who are not registered in the living space. There is no standardized form for this document, so write it in free form.

List all the people whom you are going to move into or temporarily rent out a social apartment, indicate their passport details, the timing of moving in or subletting housing, and the reason that forced you to rent out. The reason must be valid, since social housing is issued to low-income citizens who do not have housing or live in housing that does not meet social standards. A valid reason may include your temporary departure on a business trip for a long period of time or departure for urgent matters for a period of more than 1 month.

Obtain the signatures of all persons registered in the apartment on the application. All absentees must give notarized permission to move into the housing or issue you with a notarized power of attorney, allowing you to perform any actions on behalf of the registered residents. Take the application to the responsible representative of the balance holder.

Draw up a written sublease agreement for the premises. Indicate in it all the conditions of sublease, terms and payment, as well as additional conditions that you consider necessary to indicate. If additional conditions for sublease are not specified, as well as the responsibility of the parties for the safety of property and for early termination of the contract is not described, then this responsibility follows from Chapter 35 of the Civil Code of the Russian Federation, that is, in case of any controversial issues regarding the sublease of housing, the court will rely on this chapter.

Leave one copy of the agreement for the tenants, and take the second one for yourself. Make two photocopies of your contract. Present one to the housing department, the second to the tax office to calculate income tax, which is deducted from any income of individuals.

Video on the topic

The current situation in the housing market is such that not everyone can afford to buy an apartment. Many still live in apartments allocated by the state on the basis of social tenancy agreements.

Today's legislation in the field of housing law provides a wide range of opportunities for those residents who own an apartment. What are the rights of those who live in an apartment under a social tenancy agreement?

The legislative framework

The mechanism for providing housing on the basis of a social tenancy agreement is fixed in the current Housing Code of the Russian Federation, which, in turn, is contained in the code of laws of our country under number 188-FZ of December 29, 2004. Chapter 8 is devoted to issues related to social rental of residential premises.

In particular, it determines that two parties are involved in the implementation of a social tenancy agreement. The first of them is the owner of the housing, which may be the state or the municipality, depending on the state or municipal housing stock, respectively. The second party to such an agreement is the person or persons living in the apartment on its basis.

Rights of citizens based on a social tenancy agreement

The main right that a citizen or citizens who have signed a social tenancy agreement acquires is the right to use residential premises. Simultaneously with the acquisition of this right, at the time of signing the contract, the tenant also receives the right to use the common property of the apartment building, including entrances, staircases and its other elements. At the same time, paragraph 2 of Article 60 of the Housing Code of the Russian Federation establishes that these rights are unlimited, that is, a citizen cannot be asked to vacate the apartment due to the expiration of the contract.

At the same time, the right of the tenant of residential premises to use it means not only the right to live in it, but also the opportunity to move other people there, including temporarily, rent it out and even exchange it. Such a list of rights of a housing tenant under a social tenancy agreement is established by paragraph 1 of Article 67 of the Housing Code of the Russian Federation. However, it should be borne in mind that the implementation of all these rights must be carried out in accordance with the procedure established by law. In particular, in most cases, one of the conditions for their implementation is obtaining the consent of the landlord, that is, the owner of the property, to such actions.

In case of non-compliance with this and other conditions for the use of residential premises, the citizen’s actions may be considered illegal and will entail the application of appropriate sanctions to him. For example, paragraph 4 of Article 83 of the Housing Code of the Russian Federation provides that if a residential premises is used for other purposes, its owner has the right to terminate the social tenancy agreement.

You can rent out municipal housing. But for this, a number of conditions must be met. The fact is that as long as the apartment is not privatized, its owner is the state represented by the local municipality. And the person who has a warrant for this housing or is just a tenant.

In fact, he is himself a tenant of state property. Therefore, when such a citizen rents out a municipal apartment, such an operation is called subletting.

In what cases can you not rent out social housing?

Let's go backwards and consider factors preventing the implementation of sub-hiring:

• The written consent of the owner and the municipality was not received.
• The consent of other residents specified in the order, if any, was not obtained.
• The calculation of living space per person does not meet the requirements of state regulations. For a communal apartment you need 15 m2 per resident; for a regular apartment this figure is less - 10 m2. You can learn about the nuances of renting a room in a communal apartment.
• Renting out part of the living space will not be possible if the apartment is inhabited by a person who suffers from certain severe chronic diseases.
• Debt in payment of utility bills for more than 3 months (we tell you what items the payment for renting municipal housing consists of and how it is calculated).

What laws govern it?

The main points are established in Article No. 685 of the Civil Code of the Russian Federation. The rules and regulations are outlined in more detail in the Housing Code, Articles No. 76-79:

1. The terms, conditions, as well as the rules for drawing up the agreement are stipulated in Article 77 of the Housing Code.
2. The standard for square meters is established in Article 76 of the Housing Code.
3. Article 78 of the Housing Code states that such an agreement can be concluded on a reimbursable basis.
4. All points on which the contract can be terminated are considered in Article 79 of the LC.
5. The very possibility of renting out municipal housing is stipulated in Article 81 of the Housing Code.
6. The list of diseases of residents that may prevent the conclusion of a sublease agreement is indicated in Article 51 of the Housing Code.

What should you do first?

In order to correctly draw up a sublease agreement, you need to adhere to the following plan.

Permission to rent out public housing premises

You must contact your local authorities for this document. You need to fill out a standard application form with an appeal to the head of the municipality.

The application must be signed by all citizens registered in this apartment, specified in the contract, as well as the second party - citizens who are going to become subtenants. A response to this request must be received within 10 days from the moment of submission in writing.

Package of documents

The following documents must be attached to the application:

• Copies of identification documents of all those signing the application.
• Copy of the invoice.
• Extract from the house register.

Consent of citizens registered and living at this address

This is a necessary condition along with the consent of the authorities. That is why signatures of all residents on the application are required, who will speak about their consent to conclude this agreement. Otherwise, the transaction cannot be completed.

ATTENTION! If one of the residents, for personal reasons, cannot be present when submitting the application, he can draw up a notarized power of attorney for this action in the name of another participant.

Nuances

Incorrect execution of a sublease agreement entails consequences. Let's talk about two main points.

Possible risks

Firstly, Without the consent of all residents, it is impossible to obtain a positive response to an application to the municipality. But, if by some mistake such a transaction took place, another tenant who did not give his permission may file an application to invalidate the agreement.

In addition, he can legally move into this apartment at any time, and also legally demand the eviction of subtenants.

Consequences of an unauthorized transaction

Such a transaction would be illegal, so a fine may be imposed for its execution. On the part of the authorities - 2000-4000 rubles, and on the tax side - taxes for the entire period of renting out the apartment plus a fine of 20 to 40% of the tax amount, and a fine for failure to declare. The contract will be declared invalid and the tenant will be evicted.

Sublease agreement

The permission of the administration and all residents has been received, it is time to conclude a lease-sublease agreement for residential premises, which will stipulate the duties and responsibilities of the participants.

Basic provisions and requirements

At the time of concluding the contract, the lessor must provide the subtenant with the following documents:

1. A copy of the personal account.
2. Passport with registration stamp.
3. Written consent of other residents.
4. Receipts for payment of utilities, as well as information that the landlord has no debts.

The contract must contain the following information on points:

IMPORTANT! Such an agreement does not need to be certified by a notary, or third parties need to be involved as witnesses to its conclusion.

Conditions of conclusion

The landlord has the right to indicate the number of people who can live in this apartment with a subtenant, based on compliance with the area standards per person.

Handwritten or printed version

The document can be concluded in simple written form. That is, you can legibly write by hand the name of the document, all its clauses, fill in the necessary data, indicate the date of conclusion of the contract and certify it with signatures. You can print the form on your computer, fill out your passport details by hand and sign.

Validity periods

The duration of the agreement is determined by the parties by agreement, but it cannot exceed the term of the social rental agreement concluded by the landlord with the municipality. If the terms are not specified, then the contract is considered to be concluded for 1 year.

Reasons for termination

It happens that the contract is terminated before its expiration. For this there may be the following reasons:

If this happens, the landlord must have a conversation with his subtenant and explain that if such facts are noticed again, the contract will be terminated. If there is damage to the property of the landlord or his neighbors, he must set realistic deadlines for correction and repair. Only if the contract specified responsibility for the maintenance of the home.

Since without specifying this point, the landlord himself will bear all responsibility to the state and neighbors. After these periods have passed, if the problem is not resolved without good reason, the contract can be terminated, and evict the negligent tenant.

REFERENCE! In order to terminate the sublease agreement before the end of the term, the lessor must file a claim with the court, where he must indicate the reason for termination of the agreement, as well as all the circumstances.

What else should you know?

As in any business, there are things that need to be said separately:

Conclusion

There is nothing difficult in concluding a sublease agreement. You need to obtain permits and draw up a contract correctly. For subtenants, such an agreement is a guarantee of a quiet life in the apartment. He will help the landlord, if anything happens, to legally demand the protection of his interests.

Now you know whether it is possible to move tenants into public housing.

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Renting out an apartment can bring in good income. But not everyone knows how to rent out a municipal apartment. Meanwhile, this process, unlike renting out a privately owned apartment, has its own characteristics that you need to know about.

What needs to be done in order to rent out a municipal apartment in accordance with the law

If you don’t just want to rent out a municipal apartment, but want everything to be done in full compliance with Russian legislation, then you will have to collect certain documents. It is possible to rent out a municipal apartment only with the consent of its owner, that is, the local municipality. Therefore, the first thing you will need to do is contact the administration of your area, namely the property management department. The application that you leave there must be signed by all residents registered in the municipal apartment, and not just the responsible tenant. In addition, the signatures of future tenants must also appear here.

In accordance with the law, you must receive a response to your application within 10 working days. This can be either consent or refusal, but in the latter case it must be sufficiently motivated. The reason for refusal could be, for example, a discrepancy between the footage of your municipal apartment and the number of future tenants who are going to live in it. It's all about the notorious sanitary standard, which no one has yet canceled. Another lie is if one of the residents registered in the apartment suffers from some serious and contagious disease, for example, open tuberculosis. This is also a completely sufficient reason for refusal.

How to rent out a municipal apartment - draw up an agreement

If you want to rent out a municipal apartment and prepare all the documents correctly, then you cannot do without drawing up an agreement. Its contents exactly correspond to the lease agreement that is drawn up for an ordinary privatized apartment, but it will be called differently - a sublease agreement. After all, the owners of the apartment themselves rent it from the state. In the same way, one of the most important conditions is the subject of the contract and its price. In other words, you will need to provide a detailed description of your municipal apartment - its address, square footage, number of rooms, cadastral number, etc., and you will also need to indicate the amount of rent and the terms of its payment. Remember that, in accordance with the laws of the Russian Federation, all amounts indicated in the apartment rental agreement must be expressed exclusively in rubles, although they may be tied to some kind of currency equivalent. Samples of an apartment rental agreement can easily be found on the Internet, or you can resort to the services of specialists for this. You also need to indicate the period for which you intend to rent out the municipal apartment - if this is not done, the contract will be considered concluded for 12 months. In accordance with Article 674 of the Civil Code of the Russian Federation, if we are talking about a municipal apartment, there is no need to have the contract certified by a notary. But it is also necessary to register such an agreement. True, not in the bodies of Rosreestr, but in your housing office or housing department.

If you rent out a municipal apartment bypassing the official authorities, you may face not only penalties from the tax authorities, but also from the local administration, which may, through the court, demand your eviction from the apartment.

How to rent a municipal apartment

What do potential council apartment tenants need to know? First of all, renting such an apartment requires the consent of all those who are registered in it and, accordingly, have the right to live in it. If there is no such consent, then you may encounter the fact that one of the tenants will subsequently demand your eviction. However, if the owners of the apartment have the consent of the municipality in hand, then this option is practically excluded - after all, as we remember, to obtain such consent the signatures of all residents registered in the apartment are required.

Renting housing without the consent of the municipality or each resident is administrative offense and entails a fine. The municipality has the right to demand termination of the sublease and has the right to refuse the tenant to re-register the lease agreement.

Just remember to get permission from the city and the consent of all family members living with you. In order to obtain permission from the city to rent out a non-privatized apartment, you need to look in the rental agreement to see who the landlord is and write an application asking for permission to enter into a sublease agreement. Do not forget to attach a sheet of consent from those living with you to your application.

Is it possible to rent out municipal housing for commercial rental and what is it?

• Under a social rental agreement for residential premises, one party - the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local government body acting on his behalf) or a person authorized by him (the lessor) undertakes to transfer the residential property to the other party - the citizen (tenant) premises for possession and use for living in it under the conditions established by this Code.
• A social rental agreement for residential premises is concluded without specifying its validity period.
• A change in the grounds and conditions giving the right to receive residential premises under a social tenancy agreement does not constitute grounds for termination of a social tenancy agreement.

New buildings - all new buildings

• passport with registration in this apartment;
• receipts for payment of utilities with the name of the responsible tenant;
• a copy of the financial personal account, an extract from the house register;
• written consent of all adult family members of the tenant (and all neighbors, if we are talking about a communal apartment) registered in this apartment.

Is it possible to rent out a municipal apartment?

5 months ago I moved to live with a friend, and rented out the room before the contract. A week ago, a man came, introduced himself as a detective from the criminal investigation department, told me that I was wanted and told me to call him on the phone (he told me this through a neighbor). The detective called me for a conversation, I couldn’t come up that day, he asked the person to whom I rented the house to come over. He asked him everything in detail, where he lives, how much he rents for, where he works, what he knows about me. The man was in a panic and left the room. Then I learned that I do not have the right to rent out municipal housing until the room is privatized.

How to rent out public housing correctly

Every apartment owner, in an attempt to earn extra money, begins to look for the answer to the question: how to rent out an apartment? However, you can rent out not only real estate that you own, but also municipal apartments owned by the city. The two procedures are quite different. If you own an apartment or house, you will have to enter into a rental agreement with the tenants. If you occupy a municipal area, you yourself are the tenant, therefore, the delivery of municipal housing can only occur through subletting.

Is it possible to rent out a municipal apartment?

When you become the owner of additional municipal space, the question arises: is it possible to rent out a municipal apartment? The owner of municipal housing, who has a residence permit in it, is himself the tenant of this area under a social loan agreement.

How to rent out an apartment

From the point of view of the law, what you do with your own apartment or the apartment provided to you for use does not in any way affect your neighbors. But, if your tenants disturb the peace of neighbors or their other legal rights, this can cause you unnecessary trouble. Therefore, carefully write down all the details of relationships with neighbors in the contract.

Lawyer real estate

If you do not have the opportunity to obtain the signatures of everyone registered in the apartment, for example, because he is absent, you can provide a power of attorney in your name, certified by a notary.

After this, the period of waiting for a response from the management representative begins. According to this legislation, it must be provided to you within ten working days from the date of filing the petition.

How to rent out an apartment

• tenant's refusal to pay rent(in this case, the landlord has the right to evict the tenant);
• non-payment of utilities by the tenant, as a result of which a serious debt may accumulate (it is necessary to monitor the timeliness of making utility payments or to deal with this issue yourself);
• possibility of theft or damage to property located in the apartment, damage to repairs, etc. (to protect yourself in such a case, use the precautions described in the section “What other documents can be prepared?”);
• possibility of damage to neighbors' property by the tenant due to flooding or fire with the need to compensate for losses at the expense of the landlord (if the tenant is not officially employed and does not have any property, even going to court will not help to return the funds spent on compensating losses to neighbors);
• the tenant may violate the rules of living in an apartment building, disturbing the neighbors' recreation with constant noise (this issue must be discussed in advance);
• the tenant can sublease housing daily, which will lead to much faster damage to repairs and property (the absence of such a right from the tenant must be stated in the contract).

According to a social tenancy agreement, one party - the owner of the residential premises (state or municipality) or a person authorized by him (the lessor) - undertakes to provide the other party (the tenant) with residential premises for a fee for possession and use for living in it. It follows from this that a citizen who receives municipal housing is not its owner. Therefore, you can rent out an apartment only according to the rules of subletting. And for this it is necessary to notify the owner of the property (the state or local administration) of your desire and with the consent of the owner of this apartment, that is, the city or state represented by its authorized body.

A sublease agreement for residential premises provided under a social tenancy agreement can be concluded provided that, after its conclusion, the total area of ​​the corresponding residential premises per resident is no less than the accounting norm, and in a communal apartment - no less than the provision norm. Please note: the accounting standard for area per person is established by the constituent entity of the Russian Federation. For example, in Moscow it corresponds to 18 square meters of total area. Under a residential sublease agreement, the tenant, with the consent of the landlord (city), transfers for a period of time part or all of the premises you rented for use to the subtenant. In this case, the subtenant does not acquire independent rights to use the residential premises. The tenant remains liable to the landlord under the residential lease agreement.

Thus, in order to move into the living space of a subtenant (subtenants), the consent of the landlord, as well as all persons who, together with the tenant, permanently reside (registered) in this area is required. The sublease agreement is paid. The fee for subletting residential space is established by agreement of the parties. Sublease of residential premises is not permitted if a citizen suffering from one of the severe forms of chronic diseases lives or moves into this residential premises (the list of such diseases is approved by the Government of the Russian Federation, in particular, these include open form of tuberculosis) as well as in other prescribed conditions. federal laws cases.

The sublease agreement for residential premises provided under a social tenancy agreement is concluded in writing. A copy of the sublease agreement for residential premises provided under a social tenancy agreement is transferred to the landlord of such residential premises. The sublease agreement for residential premises provided under a social tenancy agreement must indicate the citizens moving into the residential premises together with the subtenant. A sublease agreement for residential premises provided under a social tenancy agreement is concluded for a period determined by the parties to the sublease agreement for such residential premises. If the contract does not specify a period, the contract is considered to be concluded for one year.

The use of residential premises provided under a social tenancy agreement under a sublease agreement is carried out in accordance with the sublease agreement for residential premises, the Housing Code of the Russian Federation and other regulatory legal acts. The sublease agreement for residential premises provided under a social tenancy agreement is paid. The procedure, conditions, terms of payment and amount of payment for the sublease of residential premises provided under a social tenancy agreement are established by agreement of the parties in the sublease agreement for such residential premises. The sublease agreement for residential premises provided under a social tenancy agreement is terminated upon expiration of the period for which it was concluded. When a social tenancy agreement for residential premises is terminated, the sublease agreement for such residential premises is terminated.

A sublease agreement for residential premises provided under a social tenancy agreement may be terminated:

By agreement of the parties;

If the subtenant fails to comply with the terms of the residential sublease agreement.

If a subtenant of residential premises provided under a social tenancy agreement, or a citizen for whose actions this subtenant is responsible, uses this residential premises for other purposes, systematically violates the rights and legitimate interests of neighbors, or mismanages the residential premises, allowing for its destruction, The tenant of the residential premises has the right to warn the subtenant about the need to eliminate violations. If these violations entail the destruction of the residential premises, the tenant of the residential premises also has the right to assign this subtenant a reasonable period of time to carry out repairs to the residential premises. If the subtenant or a citizen for whose actions this subtenant is responsible, after such a warning from the tenant, continues to violate the rights and legitimate interests of neighbors or use the residential premises for other purposes or fails to carry out the necessary repairs without good reason, the tenant has the right to terminate the sublease agreement in court. residential premises and evict the subtenant and citizens living together with the subtenant.

If, upon termination or dissolution of a residential sublease agreement, the subtenant refuses to vacate the residential premises, he is subject to judicial eviction without the provision of another residential premises together with the citizens living with him. The term of the sublease cannot exceed the term of the rental agreement for the residential premises, that is, in the event of termination of the social tenancy agreement (for example, due to the death of the tenant), the sublease agreement is also terminated, at least by that time the period for which the latter was concluded has not yet expired. In case of social hiring, the subtenant does not have the right to demand the conclusion of an agreement for a new term. If a sublease agreement for residential premises provided under a social tenancy agreement is concluded without specifying a period, the party to the agreement - the initiator of termination of the agreement - is obliged to warn the other party about the termination of the sublease agreement three months in advance.