Termination of the tenancy agreement in the hostel. Termination of the lease agreement for specialized residential premises
The lease agreement for specialized residential premises can be terminated at any time by agreement of the parties (part 1 of article 101 of the LC RF) or at the initiative of the tenant. The rental contract for specialized residential premises can be terminated in judicial order at the request of the landlord, if the tenant and members of his family living together with him do not fulfill their obligations under the contract for the rental of specialized residential premises, as well as in other cases provided for by Article 83 of the LC RF.
Such an agreement is terminated due to the loss (destruction) of the residential premises or for other reasons (part 1 of article 102 of the LC RF). The transfer of the right of ownership to a service dwelling or a dwelling in a dormitory, as well as the transfer of such a dwelling to economic management or operational management to another legal entity, entails the termination of the contract for hiring this dwelling, unless the new owner or entity, to whom such a dwelling has been transferred, is a party to an employment contract with an employee - tenant of this dwelling.
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§12.5. Eviction of citizens from specialized residential premises
According to Article 103 of the Housing Code of the Russian Federation, in cases of termination or termination of contracts for the rental of specialized residential premises, citizens must vacate the residential premises that they occupied under these contracts. Citizens who refuse to vacate such residential premises are subject to eviction in court without the provision of other residential premises, with the exception of cases provided for by Part 2 of Article 102 and Part 2 of Article 103 of the HC RF. Cannot be evicted from office living quarters and living quarters in dormitories without the provision of other living quarters who are not tenants of living quarters under contracts social recruitment or family members of the tenant of residential premises under a social tenancy agreement or the owners of residential premises or members of his family and who are registered as in need of residential premises:
1) members of the family of military personnel, officials, employees of internal affairs bodies, bodies federal service security, customs authorities of Russia, authorities of the state fire service, authorities for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, who died (deceased) or went missing in the line of duty military service or official duties;
2) old-age pensioners;
3) family members of an employee who was provided with official living quarters or living quarters in a dormitory and who died;
4) disabled people of groups I or II, whose disability occurred as a result of a labor injury due to the fault of the employer, disabled people of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled servicemen who became disabled of groups I or II due to injury , concussions or injuries received in the performance of military service duties or as a result of an illness associated with the performance of military service duties.
Citizens specified in Part 2 of Article 103 of the HC RF are provided with other residential premises, which must be located within the boundaries of the settlement.
The eviction of citizens from official residential premises or residential premises in dormitories with the provision of other residential premises in the case provided for by Part 2 of Article 102 of the HC RF is carried out by the former owner or legal entity transferring the residential premises.
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Chapter 13
§13.1. Service living quarters
Residential premises are included in the number of official decisions of the local administration. Service living quarters are provided to citizens in the form of separate apartment(Part 1, Article 104 of the LC RF) *(110) . The categories of citizens who are provided with official living quarters are established:
1) by the state authority of Russia - in the housing stock Russian Federation;
2) by a public authority of a subject of the Federation - in the housing stock of this subject;
3) body local government- in the municipal housing stock.
The contract for the employment of office premises is concluded for the period of labor relations, service or being in a public position of the Russian Federation or its constituent entity or in an elective position. Termination of labor relations or tenure in a public position of the Russian Federation or its constituent entity or in an elective position, as well as dismissal from service, are the grounds for terminating the contract for hiring official housing. Service living quarters are provided by decision of the administration of an enterprise, institution, organization, management body of a cooperative and other public organization in charge of these premises. On the basis of the decision made, the local administration body issues an order to the citizen for office accommodation. The form of the warrant is established by the Government of Russia.
Family members of a person who has received a service dwelling do not acquire an independent right to use this premises. Their rights are derived from the rights of a person who has received an office dwelling in connection with an employment relationship. They have the right to use the premises on an equal basis with the latter until he (the employee) has lost his employment relationship with the organization that provided this premises (except in cases specified in the law). Persons living in official residential premises do not have some of the powers that are granted to citizens using premises in houses of state and public housing funds under a lease agreement. For example, citizens living in official residential premises are not entitled to sublease these premises, exchange them (including for official ones), reserve, change the rental contract for official residential premises at the request of members of the tenant's family. Office premises are not subject to division.
Service living quarters are provided from state or municipal housing funds. The basis for the provision of office space is:
1) an employment contract with state or municipal enterprises or institutions;
2) contract;
3) a document on appointment to a public position;
4) a document on election to an elective position in state authorities or local self-government.
Office premises are provided for the duration of the employment relationship. In the event of their termination, the tenant is subject to eviction. Mode Features certain types office residential premises are provided for by special regulatory legal acts. In accordance with paragraphs 1, 2 of the Model Regulations on the state property service housing stock transferred to the operational management of the internal affairs bodies, the federal security service bodies, the bodies for controlling the circulation of narcotic drugs and psychotropic substances, the customs authorities of the Russian Federation and the internal troops of the Ministry of Internal Affairs of the Russian Federation, approved by the Decree of the Government of Russia of December 17, 2002 N 897, the service housing stock is understood as a set of residential premises intended for the residence of employees and employees of internal affairs bodies, federal security service bodies, authorities for controlling the circulation of narcotic drugs and psychotropic substances, officials of the customs authorities of the Russian Federation, military personnel and persons civilian personnel internal troops of the Ministry of Internal Affairs, which, due to the nature of the performance of their official duties (duties of military service), must live at the place of service (military service) or in close proximity to it (clause 1).
For the entire period of military service, official living quarters are provided with:
Servicemen appointed to military positions after the end of the military educational institution vocational education and obtaining in connection with this an officer's military rank (starting from 1998), and members of their families living together with them;
Officers called up for military service in accordance with the decree of the President of the Russian Federation, as well as officers who entered into the first contract for military service after January 1, 1998, and members of their families living together with them;
Ensigns and warrant officers, sergeants and foremen, soldiers and sailors who are citizens who entered the military service under a contract after January 1, 1998, and members of their families living together with them.
Service living quarters are provided for the entire period of military service in closed military camps to military personnel undergoing military service under a contract, and members of their families living together with them. Article 34 federal law dated May 8, 1994 N 3-FZ "On the status of a member of the Federation Council and the status of a deputy of the State Duma of the Federal Assembly of the Russian Federation", a member of the Federation Council, a deputy of the State Duma who does not have living space in the city of Moscow, for the period they exercise their powers one of the following accommodations:
a) living quarters (apartment with furniture and a telephone) in a deputy (parliamentary) residential building with the status of a hostel;
b) residential premises (apartment with furniture and a telephone) in the service housing stock in the manner and under the conditions provided for by housing legislation;
c) a separate room in a hotel of the "Highest-A" category.
A member of the Federation Council and a deputy of the State Duma are obliged to vacate the living quarters they occupy no later than one month from the date of termination of their powers; refusal to vacate the premises entails administrative eviction.
In practice, conflicts often arise, the subject of which is the office premises.
The administration of the Avtozavodsky district of the city of Togliatti filed a lawsuit to evict T. without providing any other housing, referring to the fact that during the period of work in the police the district commissioner was provided with service housing, after which he resigned from the police for own will and subject to eviction. The administration referred to the Decree of the Council of Ministers of the USSR of February 3, 1987 N 126.
The court agreed with the arguments of lawyer T., which were as follows. According to Article 30 of the Law "On Police", "police officers who are recognized as in need of improvement living conditions, living space in the form of a separate apartment or house, according to the norms established by law, is provided by the relevant executive authorities, local governments and organizations as a matter of priority, and to district police officers - no later than six months from the date of taking office. "Claimant's reference to the decision of the Council of Ministers of the USSR dated February 3, 1987, is not substantiated, since it does not refer to the provision of office housing to district inspectors. The administration's reference to Resolution of the Council of Ministers of the USSR No. 126 does not mention official housing. T.'s counterclaim to invalidate the service warrant and ordered the administration to provide T. with another living space.
When considering claims for eviction from official residential premises without providing another residential premises for workers and employees who have terminated employment relations, as well as citizens who have been expelled from collective farm members or left the collective farm of their own free will, the courts check whether this premises is included in the established procedure in the number official, whether the defendant belongs to the category of workers who, due to the nature of the employment relationship, can be provided with official living quarters.
Some citizens are entitled to specialized living quarters.
If you work and live far from your duty station, you may be provided with specialized housing. Before entering there, you need to study and sign the contract, it spells out the rights and obligations of the parties. It is also necessary to use the room for its intended purpose. Who else has the right to apply for special housing, and how to draw up a contract of employment, we will tell further.
Who can conclude a lease agreement?
Temporary housing can be provided for:
- temporary residence. A person may need housing if his former home has become unusable or has been lost. The reason for this may be natural disasters, hostilities, fire, flooding;
- residence for the period of study, work, service. If a citizen was elected to an elective or public office, lives far from his place of work, he is also entitled to specialized housing;
- residence during the renovation. Citizens whose house is being reconstructed or overhauled;
- persons in need. Representatives of this category of the population are usually still provided with a set of social and medical services;
- settlers and refugees. Residential premises are provided for temporary residence of citizens in need of special social protection.
Only those people who do not have other premises suitable for living have the right to conclude a contract for specialized housing. Exceptions are some categories of socially unprotected people.
The lease agreement for specialized residential premises is concluded only in relation to houses included in the municipal and state housing stock
Properties that are intended for rent must be classified as specialized housing. The objects of this type, for the use of which a contract is concluded, include residential premises:
- in hostels;
- official;
- from the maneuvering fund;
- from the fund for temporary accommodation of refugees and migrants;
- in social homes;
- at social security facilities.
How is it different from a social contract?
The contract of hiring specialized housing differs from the contract of social hiring:
- is temporary. Therefore, there are features of the termination of this document;
- the tenant has the right to dispose of his dwelling. For example, it can pass, exchange it. The user of the specialized premises does not have such powers;
- no need to register. The agreement on the hiring of special premises does not require the registration of citizens as those in need of improved living conditions in order to obtain another apartment or room.
Family members of a citizen who has been provided with special housing are considered co-tenants and their data is entered into the contract of employment. But if during this time there was a termination of family relations, they lose the right to use the provided square meters(unless otherwise specified in the agreement).
Contracts for the use of specialized residential premises can differ significantly from each other. Basically, they are temporary.
Standard lease agreement for specialized residential premises
In this document, one party is the owner, the other is the tenant. The owner transfers the residential premises for temporary use for the specified fee.
The contract of employment is drawn up in writing. It indicates the details of the employer and family members, if they will live with him
At the top of the contract, the settlement is indicated, the name of the state organization that provides housing, the official who is the direct landlord. The number of the decision and the date of conclusion of this standard contract are put.
Next comes the main part. It must be indicated in it - to whom the landlord provides special accommodation for a fee (full name, year of birth, degree of relationship) and for what period. The address of the object, the area of \u200b\u200bthe room, what it is (room, house, apartment) and other data (location, floor, available communications) are indicated.
IN without fail the following information about the house is written:
- year of construction;
- What materials are the walls made of?
- how many rooms;
- area of rooms, kitchens;
- whether there is a stove (specify, gas or electric);
- bathroom (combined or separate);
- is there a balcony, loggia, etc.
Separately, it is said that this room is suitable for living, is in good condition.
Note!
The tenant must necessarily familiarize himself with the provided object before signing the contract. If something is defective, it should be noted in the document.
A standard contract should include the following clauses - the obligations and rights of the parties, their liability, validity period, termination and termination procedure, and other conditions.
At the end, the full name is put. representative of each party with decryption and the name of the organization in which it is registered standard contract. The position is indicated below, the signature of the person responsible for registration and seal is put, the number of the registered document is affixed.
How can the contract be terminated?
Consider the cases in which it is possible to prematurely terminate the contract for specialized rental of residential premises:
- employer's death. Unlike a social contract of employment, when the death of a person is not a reason for the eviction of family members of the deceased from a given living space, this does not apply to special employment. Refugees, migrants and some categories of the population will remain living in an apartment or house, while the agreement will be rewritten for a capable member of a particular family;
- violation of the terms of the contract. The tenant or members of his family violate the terms of the agreement (damage property, communications, mishandle the premises, owe utility bills);
- violation of living conditions. The tenant or members of his family maliciously violate the order in the house, interfere with the rest of the neighbors, create conditions for a fire or other danger.
In each of these cases, the landlord must first ask the tenants to leave the premises voluntarily, then may apply to the court.
You can terminate the contract of employment in the agreed manner or ahead of schedule
The contract of special lease of housing does not provide for the provision of another premises upon termination. But there are exceptions.
These include citizens who do not have other housing, who are registered as in need of accommodation. At the same time, the law clearly limits the circle of such persons:
- old-age pensioners;
- military family members;
- family members of a citizen who died after he was provided with a room in a hostel or residential office;
- disabled people of I or II groups who were injured as a result of military service, performance of labor duties.
The exception also includes persons who were evicted from a living room or a special-purpose apartment due to a change of landlord, if they are in an employment relationship with the new owner of this premises.
Note!
If it is impossible to provide other housing in the house where needy citizens lived, they must be given another one, located not far from the former one.
The term of the contract for the rental of specialized residential premises
This document is concluded for a certain period, for example, for the duration of the service, the period of work, the time spent in an elective or public office, and so on.
When the period of validity of the specified circumstances expires, the special housing rental agreement will automatically terminate.
If you believe that you are being unfairly evicted from such a facility or are being sued for damage to property that was faulty before you moved in, then it makes sense to seek legal advice.
But it is better to resort to it before signing the contract. Then the specialist will be more likely to protect your interests. The lawyer will provide advice, tell you if you have the right to special housing, what should be the procedure for your actions, what documents will be required to conclude an agreement.
Employees who have terminated their employment relationship with an enterprise, institution, organization are subject to eviction from the official living quarters with all citizens living with them without providing another living quarters, except as provided for by the LC.Employees who have terminated labor (service) relations with government agency or other state organization, in the economic management or operational management of which there are official residential premises of the state housing stock, are subject to eviction from the official residential premises with all citizens living with them in accordance with the law in a judicial proceeding.
According to clause 77 of Regulation No. 565, in the event of receipt (acquisition) by the tenant of office accommodation in this locality other residential premises, the contract for hiring official residential premises of the state housing stock is terminated, and citizens living in this residential premises are subject to eviction in court. If one of the adult members of the tenant's family is in an employment (service) relationship with the landlord and, due to the nature of the work, he can be provided with official living quarters, then a contract for hiring official living quarters of the state housing stock is concluded with him.
In the event that the tenant of the residential premises under the contract for the rental of official residential premises of the state housing stock has died (died, recognized as missing), the validity of such an agreement is terminated and an agreement for the rental of official residential premises of the state housing fund for a period of up to three years is concluded with one of the adult family members of the tenant except as provided for legislative acts. At the same time, with a member of the tenant's family who cannot be evicted without providing another living space, a contract for hiring official housing of the state housing stock may be concluded for a period of up to 10 years.
During the period of validity of the contracts specified in clause 77 of Regulation No. 565, citizens living in service residential premises are granted the right to extraordinary improvement of housing conditions through the construction (reconstruction) or acquisition of residential premises with the attraction of preferential loans or extraordinary receipt of social housing of state housing fund in accordance with the law. Upon the expiration of these contracts, citizens living in the official residential premises are subject to eviction in a judicial proceeding without the provision of another residential premises.
In the event that the tenant of the official residential premises has died (died, declared missing), members of his family are subject to eviction from this premises in a judicial proceeding if they own residential premises with a total area of more than 15 square meters. m per person, meeting the established sanitary and technical requirements.
When transferring a tenant of residential premises under a contract of employment of official residential premises of the state housing stock to work in another locality with the provision of official residential premises to him, the official residential premises at the main place of residence shall be retained by him for a period of not more than three years.
The following persons may not be evicted from a service dwelling without provision of another dwelling:
citizens who became disabled as a result of injury, concussion, mutilation, occupational disease received in the performance of production or official duties;
citizens who have worked at an enterprise, institution, organization that provided them with official housing, regardless of its ownership, for at least 10 years;
citizens dismissed in connection with the liquidation of an enterprise, institution, organization or to reduce the number or staff of employees;
the family of the deceased employee, as well as the deceased serviceman, who was provided with official living quarters;
citizens who fell ill and suffered radiation sickness caused by the results of the catastrophe at the Chernobyl nuclear power plant, as well as disabled people in respect of whom a causal relationship of the onset of disability with the catastrophe at the Chernobyl nuclear power plant was established;
war invalids and other invalids from among the military personnel who became them as a result of wounds, contusions or injuries received during protection former USSR, the Republic of Belarus or in the performance of other duties of military service or due to illness associated with being at the front;
participants of the Great Patriotic War who were in the army;
veterans of combat operations on the territory of other states;
families of servicemen and partisans who died or went missing in the defense of the former USSR, the Republic of Belarus or in the performance of other duties of military service;
disabled people of I and II groups;
citizens entitled to labor pension by age (including on preferential terms), as well as by length of service;
other citizens in cases stipulated by the legislative acts of the Republic of Belarus (Article 96 of the LC).
18. Termination of the lease agreement for specialized residential premises
Grounds for terminating the contract for the rental of specialized residential premises:
1) loss of residential premises of specialized housing stock. Loss refers to the destruction of a dwelling. A residential building can be destroyed as a result of its demolition, collapse, natural disaster or other emergency, i.e. we are talking about the destruction of the object of the contract of employment, and not at the will of the tenant. Of course, in the event of termination of the lease agreement for specialized residential premises in connection with the destruction of the residential building, the tenant and members of his family are provided with another specialized residential premises with the conclusion of a similar rental agreement (part 1 of article 102 of the LC RF);
2) termination of labor relations or tenure in an elective position, as well as dismissal from the service is the basis for termination of the contract for the employment of office premises. Termination of labor relations, service or training is the basis for terminating the contract for renting housing in a hostel (part 1, article 103 of the LC RF);
3) the expiration of the period for which the contract for the tenancy of the residential premises of the mobile fund has been concluded. Since the contract for the rental of housing for internally displaced persons and refugees is concluded for a certain period, then, accordingly, its termination is the basis for the termination of such an agreement (part 1 of article 103 of the LC RF);
4) transfer of ownership of office living quarters or premises in a dormitory, transfer of such living quarters for economic management or management to another legal entity. The exception is cases where the tenant of this residential premises has an employment relationship with the new owner or legal entity to which such residential premises have been transferred (clause 2, article 102 of the LC RF).
The law specifically regulates the process of eviction of citizens from specialized residential premises. Only a court can force a citizen to leave a dwelling. However, Part 1 of Art. 103 of the Housing Code of the Russian Federation provides for the obligation of a citizen to leave the specialized residential premises occupied by him in the event of termination of the lease agreement on the grounds provided for by it.
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