Termination of the employment contract in the hostel. When an office rental contract ends
The Housing Code establishes for a contract of employment of a specialized living quarters the same grounds and procedure for termination that are established for the contract social recruitment living quarters (Art. 101 ZhK). The only difference is that the tenant of a specialized dwelling can terminate the lease at any time and without the consent of his family members living with him.
The grounds for termination of the contract for the lease of specialized residential premises are the loss (destruction) of residential premises, i.e. destruction of the subject of employment, and other grounds provided for by the LCD for specific contracts. The lease contracts for specialized residential premises are urgent, the premises are provided in connection with special circumstances, therefore, the termination of these circumstances (grounds for provision) terminates the contract.
Thus, a contract for the lease of office premises is concluded for the period of labor relations, service or being in a public office of the Russian Federation, a constituent entity of the Russian Federation or in an elective office.
In the event of termination of labor relations, holding a public office or elective, as well as dismissal from service, the contract for the lease of office premises is also terminated (Article 104 of the LC). Likewise, the employment contract in the hostels is terminated.
The lease agreement for the dwelling of the flexible fund is concluded for the period provided for in Art. 106 LCD. The expiration of this period is the basis for the termination of this contract. The contract for the lease of specialized housing from the fund for refugees and internally displaced persons is concluded for a specified period, after which the contract is terminated.
There is one more reason for the termination of contracts for the lease of office premises and residential premises in a hostel. The transfer of ownership of the office premises or residential premises in a hostel, as well as the transfer of such residential premises into economic management or operational management to another legal entity entails the termination of the lease agreement for such residential premises, unless the new owner of such premises or legal entity to whom such a living quarters is transferred is a party to an employment contract with an employee who is an employer of such a living quarters (part 2 of article 102 of the LC). Obviously, such a transfer of ownership can be referred to as the replacement of a specific owner within the limits of state or municipal ownership (for example, when a specialized dwelling is transferred from the ownership of one constituent entity of the Federation to the ownership of another or to municipal ownership).
Transfer of office premises and dormitories to the jurisdiction of state authorities, bodies local government or other legal entities also occurs in the case of privatization of state or municipal enterprises.
By general rule citizens must vacate the living quarters that they occupied under contracts for the lease of specialized living quarters if these contracts are terminated or terminated. In case of refusal to voluntarily vacate the occupied premises, the citizen may be evicted from it to judicial procedure without providing him with another living space.
But for certain categories of residential premises and certain citizens, the legislator makes an exception. These exceptions apply to office living quarters and living quarters in a hostel (part 1 of article 103 of the LC). For tenants of office premises or residential premises in a hostel, eviction is provided with the provision of other housing in the following cases:
- 1) termination of the contract for the lease of office premises or residential premises in a hostel as a result of the transfer of ownership of such premises or its transfer to economic management or operational management to another person;
- 2) termination or termination of the contract for the lease of office premises or premises in a dormitory on all other grounds (except as provided for in part 2 of article 102 of the LC, if the employer or his family members belong to the category of persons listed in part 2 of article 103 of the LC) ...
The following cannot be evicted from office living quarters and living quarters in dormitories without providing other living quarters:
- a) family members of military personnel, officials, employees of internal affairs bodies, federal service security, customs authorities of the Russian Federation, bodies of the state fire service, bodies for control over the circulation of narcotic drugs and psychotropic substances, institutions and bodies of the penitentiary system, those killed, deceased or missing in the line of duty;
- b) old age pensioners;
- c) family members of a deceased employee who was provided with service housing or dormitory accommodation; d) disabled persons of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of labor duties, disabled from among the military personnel who became disabled of groups I and II due to injury, concussion or injury received in the performance of duties military service or due to an illness associated with the performance of military duties.
A prerequisite for the provision of another dwelling to a citizen evicted from an office or dwelling in a dormitory must be that the citizen is not a tenant or a family member of the tenant of another dwelling, does not have a dwelling on the right of ownership, or is not a family member of the owner of a dwelling. ...
The living quarters provided to the named citizens must meet sanitary and technical requirements and be within the boundaries of a given settlement.
Thus, the legal consequences of termination or termination of a lease contract for a specialized residential premises depend on the type of residential premises of the specialized housing stock; grounds for termination of the contract; features selected categories persons who use living space in office premises and dormitories.
The introductory law (Article 13) provided the right to persons living in office living quarters and dormitories registered with citizens in need of living quarters, even before the introduction of the LCD or having the right to be on this account, to demand the provision of another living quarters upon eviction if their eviction was not allowed by law before the LCD was put into effect. Without the provision of another living space, the persons specified in Art. 108, 110 ZhK RSFSR. A number of categories of citizens named in the JK of the RSFSR coincides with the categories listed in the JK (Art. 103) - invalids of groups 1 and II, old age pensioners, etc. There are also mismatched categories that Art. 13 of the Introductory Law: persons dismissed due to staff reductions, who have worked for more than 10 years, etc.
Test questions and tasks
- 1. How is the contract of social rental of residential premises defined in the Housing Code of the Russian Federation and what are its main features?
- 2. What are the conditions for concluding a social lease agreement for residential premises?
- 3. What are the rights and obligations of the parties under the contract of social rental of residential premises?
- 4. What are the rights of the employer's family members and who belongs to them?
- 5. What is meant by a change in the social employment contract?
- 6. What are the conditions and procedure for termination (termination) of the social employment contract?
- 7. Indicate the purpose of the specialized housing stock.
- 8. What dwellings are classified as specialized housing stock?
- 9. What are the conditions and procedure for the provision of residential premises in a specialized housing stock?
- 10. What are the features of the contract for the lease of specialized residential premises?
- 11. What are the features of the contract for the lease of residential premises of the housing stock for social use?
- In accordance with Art. 13 of the Introductory Law cannot be evicted from office living quarters and residential premises in hostels, citizens to whom these premises were provided before the LCD was put into effect, without the provision of other residential premises, if their eviction was not allowed by law before the LCD was put into effect.
1. The contract for the lease of a specialized residential premises shall be terminated in connection with the loss (destruction) of such residential premises or on other grounds provided for by this Code.
2. The transfer of ownership of the office living quarters or living quarters in a hostel, as well as the transfer of such living quarters to the economic management or operational management of another legal entity shall entail the termination of the lease agreement for such living quarters, unless the new owner of such living quarters or the legal entity to which such dwelling is transferred is a party to the employment contract with the employee who is the tenant of such dwelling.
Commentary on Art. 102 ZhK RF
1. The commented article refers to the termination of the contract for the lease of specialized living quarters.
In some cases, the lease contract for specialized residential premises may be terminated due to the occurrence of a certain event. Part 1 of the commented article provides that in connection with the destruction (destruction) of a residential building in which the specialized residential premises are located, the lease agreement for such residential premises shall be terminated. A residential building can be destroyed as a result of its demolition, as well as as a result of a collapse, natural disaster or other emergency. In this case, the physical destruction of the object of the lease agreement takes place, and in this regard, the lease agreement for the dwelling is terminated accordingly.
2. The contract for the lease of specialized residential premises may be terminated on other grounds provided for by this Code and federal laws... The lease agreements for residential premises of specialized housing stock are fixed-term contracts and, accordingly, terminate upon the expiration of their validity period. Not in all cases the term of the contract for the lease of a specialized housing stock is set on a specific date. The expiration date of the contract for the lease of specialized residential premises may be established by the occurrence of an event. So, for example, a contract for the lease of office premises is concluded for the period of labor relations, service or being in a public position. Russian Federation, public office of a constituent entity of the Federation or in an elective office. As a result, the termination of labor relations or tenure in an elective position, as well as dismissal from service are grounds for termination of the contract for the lease of office premises (see the commentary to Article 104 of the LC).
In addition, there are cases of termination of the contract for the lease of office premises and without termination of the employment relationship. Service living quarters are provided to citizens holding a specific position. In the event of dismissal from office, in connection with which the citizen was provided with an office dwelling, without termination of labor relations with the enterprise or institution that provided this premises, the contract for the lease of the office dwelling with the said citizen shall be terminated.
3. A similar structure of the contract for the lease of living quarters in a hostel, which is concluded for the period of labor relations, service or training. In this case, the termination of labor relations or training is the basis for the termination of the contract for the lease of living quarters in a hostel (see the commentary to Article 105 of the LC).
The lease agreement for residential premises in a hostel is terminated in the event of termination of a fixed-term employment agreement, termination of seasonal work, termination of training in educational institutions.
The lease agreement for residential premises in a hostel is terminated in the event of termination of an open-ended employment agreement upon dismissal by on their own, for violation of labor discipline or the commission of a crime. The basis for the termination of labor relations in these cases may be the employee's application for dismissal of his own free will or the dismissal of the employee at the initiative of the employer.
4. The contract of lease of dwelling premises of the flexible fund is concluded for the period specified in Art. 106 ZhK (see the commentary to this article), and the expiration of the period for which the contract for the lease of residential premises of the flexible fund is concluded is the basis for terminating this contract.
5. The contract for the lease of living quarters in the fund for internally displaced persons and refugees shall be concluded for a specified period. At the end of the term, this lease will terminate.
6. In the event of termination of the lease agreement for the premises of a specialized housing stock in connection with the destruction of a residential building, the tenant and his family members are provided with another specialized residential premises with the conclusion of a lease agreement on the same grounds and on the same conditions as the terminated lease agreement was concluded, except for cases when the grounds for living in a specialized residential premises stopped.
7. Part 2 of the commented article speaks of one more reason for terminating the contract for the lease of office premises and residential premises in a hostel. A feature of these lease agreements is that the landlord of the dwelling and the employer of the citizens living in the office dwellings and the hostel are one and the same person. As noted above, the termination of the employment relationship is the basis for the termination of the lease of the named residential premises. In this case, the situation is different. The employment contract does not terminate; the renter changes in the employment contract. Thus, the grounds for living in an office living quarters and in a hostel are terminated, since the renter and the employer in such an agreement are different persons.
8. The transfer of hostels and office premises to the jurisdiction of state authorities, local governments or other legal entities is a frequent phenomenon at the present time. This usually happens in the case of the privatization of state or municipal enterprises. The transfer of housing stock by enterprises can be carried out without the privatization of the enterprise. State authorities and local governments transfer office living quarters and hostels to the introduction of other organizations. However, in this transfer, it is not always taken into account that citizens living in the official housing premises of the specialized housing stock and in the hostel are not in labor relations with the enterprise and the institution to which the office living quarters and the hostel are transferred, while labor relations were the basis for citizens moving into service living quarters and dormitories and accommodation in them. When transferring an office dwelling or a hostel to another legal entity, it will not be an employer for citizens living in an office dwelling or a hostel. As a result, citizens residing in the transferred residential premises no longer have the right to reside in them, since they are not in an employment relationship with the organization to which the office premises or hostel was transferred. But at the same time, they cannot be evicted without providing other living quarters. When moving into a service dwelling or dormitory, these citizens were in labor relations with the organization in whose jurisdiction these premises and dormitories were previously located, and their move was legal.
Thus, the transfer of office premises or a hostel to another legal entity should entail the termination of the contract for the lease of office premises and the contract for the rental of residential premises in the hostel, unless the legal entity to which the office premises or hostel is transferred is the legal successor of the rights and obligations. under an employment contract.
In this case, either the transfer of office living quarters and hostels should be carried out either after the termination of the regime of using residential premises as business premises, as well as a residential building as a hostel, and with the citizens living in them, a social employment contract is concluded, or the living quarters must be transferred free ...
Upon termination of the contract for the lease of office premises or the contract for the lease of residential premises in a hostel in connection with their transfer to other legal entities, citizens are subject to eviction with the provision of another living quarters. The eviction of citizens in this case is carried out by the previous landlord or legal entity transferring the corresponding living quarters (see the commentary to Art. 106 of the ZhK).
In other words, the determining reasons for the termination of a contract for renting housing from a specialized fund is understood primarily as the physical destruction of the property itself, since the subject of the contract itself ceases to exist, then the agreement is terminated. Provides the legal order as the basis and the death of the applicant. But in this case, the presence of co-tenants is taken into account - family members who can live in the territory of specialized service housing. If there are none, then, accordingly, one of the parties to the contract is lost, which entails the official termination of the contract. The term for concluding a lease agreement Unlike a social lease contract, a specialized lease agreement is concluded for a certain period, which is officially recorded in the document.
Termination of the contract for the lease of specialized residential premises
Upon termination of the service lease contract, the owner is obliged to provide other housing to the following persons: old-age pensioners; the family of a serviceman, law enforcement officer or official, deceased (deceased), as well as missing while performing official duties or performing military service; the family of an employee who died before the termination of the contract; employees who have received disabilities of I and II groups due to the fault of the employer or due to an occupational disease; servicemen with disabilities of groups I and II due to concussion, injury, injury or illness received in military service. Contract of lease of service living quarters with servicemen The provision of service (departmental) accommodation to servicemen and their families is mandatory in accordance with Article 15 of the Federal Law "On the Status of Servicemen".
Service lease agreement for residential premises: procedure for conclusion and termination
In this case, if the employee continues to work at the same enterprise, he can force the lessor to sign the document through the court. 2. When drawing up the contract, the tenant should be aware that after some time the provided living space may lose the status of office space. In this case, it becomes possible to conclude social rent, which gives the tenant more rights, in particular the privatization of living space.
The decision to change the status is made only by the owner of the home, guided by the merits of the employee in professional activities, the financial situation of the residents and other reasons. 3. If the contract is terminated due to the termination of the employment relationship, the tenant and his family may try to retain the office space.
Service apartment
Info
The agreement prescribes the characteristics of the residential premises provided in the official manner. According to article 15 of the RF LC, it must be habitable and meet all sanitary and technical standards. However, the degree of housing amenities is governed by the characteristics of the region.
If there is no water supply or sewerage system in the village, their presence is not a prerequisite. The service contract specifies all persons who have the right to reside with the employer. These include the spouse, children, parents of the spouses, disabled dependents and other family members who have the status of relatives by a court decision.
The document prescribes the rights and obligations of both parties, the conditions for termination and termination of housing relations, as well as the procedure for making payment for the premises. The lessor's rights and obligations: 1.
How to enter into a service tenancy agreement
The tenant is obliged to pay the rent on time and public Utilities, keep the property in good condition, and in case of malfunctions, must take all measures to eliminate them. He is also obliged to comply with all the rules of the hostel established by law. 2. The tenant has no right to exchange and privatize housing or rent it out to another person. 3.
In the event of overhaul or termination of the contract, the tenant is obliged to vacate the premises in specified terms... In case of refusal, he is evicted in court. 4. The tenant's family members have the right to use the premises as long as the head of the family maintains an employment relationship with the landlord. 5. The tenant is entitled to subsidies, home inviolability and early termination of the contract.
He retains the right to use residential property in the event of a change in the owner of the premises, if he continues to work at the previous enterprise.
Office space lease agreement
Cases of termination of a contract for the lease of specialized residential premises In order to understand the key nuances of termination of a social tenancy contract, one should more carefully analyze the grounds for applying such a legal mechanism. So, the legislative order provides for the termination of the agreement between the landlord and the tenant in the event that a residential building is lost. This happens if:
- the structure, which is on the list of the specialized fund, is subject to demolition;
- the building was destroyed as a result of a collapse due to its dilapidation and accident rate;
- the building was seriously damaged during natural disasters and man-made disasters, and living on its territory poses a serious threat to the lives of citizens.
Similar grounds are enshrined in Art.
102 ZhK RF.
Also, the landlord can terminate the contract due to the unsuitability of the dwelling or its complete destruction. The agreement on the initiative of the owner is terminated in court. Upon termination, the tenant must leave the property within 3 days.
He must leave the residential property in good condition and, if necessary, make repairs to the premises at his own expense. In case of refusal to vacate the premises, the former tenant together with his family is forcibly evicted without providing him with another housing (Part 1, Article 96 of the LC RF). The law of the Russian Federation provides for a number of cases in which tenants do not lose their right to live in an office after the termination of employment with the landlord (part 2, article 96 of the LC RF).
When an office rental contract ends
- The basis for the provision of housing;
- Type of employment of the employer (must attach a copy work book) and the type of relationship between the parties to the agreement;
- The rights and obligations of the parties to the agreement;
- The period of validity of the contract (coincides with the time of employment of the employer in specific jobs);
- The level of landscaping of the area and its compliance with the standards (if there is no central heating or hot water supply at all in a particular settlement, then the owner is not obliged to equip them with housing);
- Date of compilation and certification by signature from each of the parties. Download a sample contract of employment of residential premises Nuances Legal analysis allows you to highlight some of the nuances of relations under the contract of employment of office living space.
Section IV of the LC RF. SPECIALIZED HOUSING FUND Chapter 10 LCD RF. PROVISION OF SPECIALIZED RESIDENTIAL PREMISES AND THE USE OF THEM Article 102. Termination of the contract for the lease of specialized residential premises 1. The contract for the lease of specialized residential premises shall be terminated due to the loss (destruction) of such residential premises or on other grounds provided for by this Code. 2. The transfer of ownership of the office living quarters or living quarters in a hostel, as well as the transfer of such living quarters to the economic management or operational management of another legal entity shall entail the termination of the lease agreement for such living quarters, unless the new owner of such living quarters or the legal entity to which such dwelling is transferred is a party to the employment contract with the employee who is the tenant of such dwelling.< 1.
Lease agreements for residential premises of specialized housing stock are fixed-term agreements, respectively, they terminate upon the expiration of their validity period. Not in all cases the term of the lease agreement for the premises of the specialized housing stock is set on a specific date. The expiration date of the contract for the lease of specialized residential premises may be set upon the occurrence of an event.
So, for example, a contract for the lease of office premises is concluded for the period of labor relations, service or being in a public office of the Russian Federation, public office of a constituent entity of the Federation or in an elective office. As a result, the termination of labor relations or tenure in an elective position, as well as dismissal from service are grounds for termination of the contract for the lease of office premises (see the commentary to Article 104 of the LC).
Housing Code In the Russian Federation, residential premises of a specialized housing stock (hereinafter referred to as specialized residential premises) include:
1) office living quarters;
2) living quarters in hostels;
3) living quarters of the maneuverable fund;
4) living quarters in houses of the social services system for citizens;
5) living quarters of the fund for temporary settlement of forced migrants;
6) living quarters of the fund for the temporary settlement of persons recognized as refugees;
7) living quarters for social protection of certain categories of citizens.
The residential premises of the state and municipal housing stock are used as specialized residential premises. The use of a dwelling as a specialized dwelling is allowed only after referring such a room to a specialized housing stock in compliance with the requirements and in the manner established by the authorized Government of the Russian Federation federal body executive power, with the exception of cases established by federal laws. The inclusion of a dwelling in a specialized housing stock with the assignment of such premises to a certain type of specialized residential premises and the exclusion of residential premises from the specified fund are carried out on the basis of decisions of the body that manages the state or municipal housing fund.
In accordance with paragraph 1 of Article 101 of the RF LC, the contract for the lease of specialized residential premises can be terminated at any time by agreement of the parties. The tenant of a specialized dwelling may terminate the lease contract for a specialized dwelling at any time (paragraph 2 of the article).
The contract for the lease of specialized residential premises may be terminated in court at the request of the lessor in the event of failure by the tenant and his family members living with him to fulfill the obligations under the contract for the lease of specialized residential premises, as well as in other cases provided for by this Code (paragraph 3 of the article).
So, eviction from specialized residential premises in court can be carried out in the following cases:
1) in case of non-fulfillment by the tenant and the members of his family living together with him of the obligations under the contract for the lease of specialized living quarters, in particular in cases (, RF Housing Code):
Judicial practice shows that most courts carefully examine the reasons for the arrears in payment for living space, on the basis that they relate to circumstances of legal significance.
As pointed out by the RF Armed Forces in the Resolution of the Plenum The Supreme Court Of the Russian Federation of July 2, 2009 N 14 "On some issues that have arisen in jurisprudence when applying the Housing Code of the Russian Federation "( hereinafter - Resolution), to systematic violation of rights and legitimate interests neighbors, the tenant and (or) members of his family, taking into account the provisions and the Housing Code of the Russian Federation, should be attributed to their repeated, constantly repeated actions to use the residential premises without respecting the rights and legitimate interests of citizens living in this residential building or house, without complying with the requirements of fire safety, sanitary hygienic, environmental and other legal requirements, rules for the use of living quarters (for example, listening to music, using a TV, playing musical instruments at night with exceeding the permissible volume; production of repair, construction works or other actions that entailed disturbance of the peace of citizens and silence at night; violation of the rules for keeping pets; committing hooligan actions against neighbors, etc.).
The use of residential premises for other purposes, based on the provisions of the RF LC, should be understood as the use of residential premises not for the residence of citizens, but for other purposes (for example, using it for offices, warehouses, placing industrial production, keeping and breeding animals), i.e. e. the actual transformation of residential premises into non-residential (the above Resolution).
2) in the event of the departure of the tenant and his family members to another place of residence (the contract for the lease of specialized residential premises is considered in this case terminated from the date of departure) (RF LC).
According to the explanations contained in the Resolution, the condition for the satisfaction of the claim in this case will be the establishment of the fact of the plaintiff's permanent non-residence in the disputed specialized residential premises, due to his voluntary departure to another place of residence and the waiver of the rights and obligations of the employer under the lease agreement in the absence of obstacles to the use of this premises.
3) in case of invalidation of the decision on the provision of specialized residential premises and the contract for the lease of specialized residential premises (LC RF) concluded on its basis.
Specialized residential premises are provided on the basis of decisions of the owners of such premises (acting on their behalf by authorized state authorities or authorized local government bodies) or persons authorized by them under contracts for the lease of specialized residential premises, with the exception of residential premises for social protection of certain categories of citizens, which are provided by agreements on gratuitous use. Specialized living quarters are provided on the grounds established by this Code to citizens who are not provided with living quarters in the corresponding locality (clause 1, clause 2 of Article 99 of the RF LC).
The Resolution says that a violation of the requirements of the Russian Federation and the classification of residential premises as a specialized housing stock when deciding to provide a citizen with specialized residential premises, taking into account the provisions and the RF Housing Code, may serve as a basis for a court request by interested parties to recognize this decision, as well as the prisoner on its basis, the contract for the lease of specialized residential premises is invalid and the eviction of persons living in the residential premises.
4) In connection with the loss (destruction) of such living quarters.
In accordance with paragraph 2 of Article 102 of the Housing Code of the Russian Federation, the transfer of ownership of the service living quarters or living quarters in a hostel, as well as the transfer of such living quarters to economic management or operational management to another legal entity entails the termination of the lease agreement for such living quarters, with the exception of cases if the new owner of such residential premises or the legal entity to whom such residential premises is transferred is a party to an employment contract with an employee who is the tenant of such residential premises. Eviction of citizens from office premises or residential premises in hostels with the provision of other residential premises in the case provided for by this Code is carried out by the previous owner or legal entity transferring the corresponding residential premises (paragraph 4 of Article 103 of the RF LC).
5) In connection with the death of a lonely tenant (clause 5 of Article 83 of the RF LC).
On the basis of Article 103 of the RF LC, in cases of termination or termination of contracts for the lease of specialized residential premises, citizens must vacate the residential premises that they occupied under these contracts. In case of refusal to vacate such living quarters, these citizens are subject to eviction in court without the provision of other residential premises, with the exception of cases provided for by this Code and of this article.
Clause 2 of the above article contains a list of persons who cannot be evicted from office premises and residential premises in hostels without providing other residential premises:
These are persons who are not tenants of residential premises under social tenancy agreements or family members of a tenant of residential premises under a social tenancy agreement or owners of residential premises or family members of the owner of residential premises and who are registered as needing residential premises:
( deceased) or missing in the performance of military service duties or official duties;
2) old age pensioners;
3) family members of an employee who was provided with service living quarters or living quarters in a hostel and who died;
4) invalids of groups I or II, whose disability occurred as a result of work injury due to the fault of the employer, invalids of groups I or II, whose disability occurred as a result of an occupational disease in connection with the performance of work duties, disabled from among the military personnel who became invalids of groups I or II due to injury , concussion or injury 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 this article are provided with other living quarters, which must be located within the boundaries of the corresponding settlement.
Orphans and children left without parental care, persons from among orphans and children left without parental care cannot be evicted from specialized living quarters without providing other comfortable living quarters that must be located within the boundaries of the corresponding settlement.
Topics of questions
ATTENTION! SCALE CHANGES IN THE PROCEDURAL LEGISLATION! Military service. Legal advice Education Bidding (auctions, competitions) Receiving compensation, reimbursement of expenses Insurance. Legal advice The property. General issues Corporate disputes Order production. Legal advice Financial lease (leasing). Legal advice State (municipal) purchases. Legal advice Arbitration. Legal advice Legal expenses and legal advice Health. Sick leave payment. Legal advice Criminal process. Legal advice Calculators of state duty, interest, interest, compensation Tax audits. Taxes and fees. Legal advice Administrative disputes. Legal advice Building. Legal advice Recovery of damages, unjust enrichment. Compensation for harm. Legal advice Agreement: conclusion, termination, amendment, challenge. Legal advice Pension legislation. Legal advice
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 an agreement, which spells out the rights and obligations of the parties. It is also necessary to use the premises for their intended purpose. Who else has the right to apply for special housing, and how to draw up a lease agreement, we will tell below.
Who can enter into an employment contract?
Temporary housing can be provided for:
- temporary habitation. A person may need a dwelling if his former dwelling has become unusable or has been lost. This may be due to natural disasters, military operations, fire, flooding;
- residence for the period of study, work, service. If a citizen has been elected to an elective or public office, lives away from the place of work, he is also entitled to specialized housing;
- accommodation at the time of renovation. Citizens whose house is undergoing reconstruction or overhaul;
- persons related to needy. Representatives of this category of the population are usually still provided with a set of social and household and medical services;
- immigrants and refugees. Residential premises are provided for temporary residence of citizens in need of special social protection.
Only those people who do not have any other premises suitable for living have the right to conclude a specialized rental agreement. Exceptions are some categories of socially unprotected people.
The lease contract for specialized residential premises is concluded only in relation to houses that are part of the municipal and state housing stock
Real estate items that are intended for rent must be classified as specialized housing. The objects of this type, for the use of which the contract is concluded, include residential premises:
- in hostels;
- service;
- from the maneuverable fund;
- from the fund for temporary accommodation of refugees and displaced persons;
- in social homes;
- at social security facilities.
How is it different from a social contract?
A lease agreement for a specialized dwelling differs from a social lease agreement:
- is temporary. Therefore, there are features of termination of this document;
- the tenant has the right to dispose of his home. For example, he can hand over, exchange it. User specialized premises does not have such powers;
- no need to register. The lease agreement for a special room does not require citizens to be registered as needing improvement housing conditions to get another apartment or room.
Family members of a citizen who has been provided with special housing are considered co-tenants and their details are entered into the employment contract. But if during this time there was a termination of family relations, they lose the right to use the provided square meters(unless otherwise agreed in the agreement).
The contracts for the use of specialized living quarters can differ significantly from each other. They are mostly temporary.
Model contract for the lease of specialized living quarters
In this document, one party is the owner and the other is the employer. The owner transfers the dwelling for temporary use for the specified fee.
The lease agreement is drawn up in writing... It contains the data of the employer and family members, if they will live with him
The upper part of the contract indicates locality, title government organization, which provides the dwelling, the official who is the direct renter. The number of the decision and the date of the conclusion of this standard contract are put.
The main part follows. It is necessary to indicate in it - to whom the landlord provides for the use of special premises for a fee (full name, year of birth, degree of kinship) and for what period. The address of the object, the area of the room, what it is (room, house, apartment) and other data (location, floor, existing communications) are indicated.
V mandatory the following information about the house is registered:
- year of construction;
- what materials are the walls made of;
- how many rooms;
- area of rooms, kitchens;
- is there a stove (indicate 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 be sure to familiarize himself with the provided object before signing the contract. If something is faulty, you should indicate it in the document.
A standard contract should include the following points - obligations and rights of the parties, their responsibility, validity period, procedure for termination and termination, and other conditions.
The full name is put at the end. representative of each party with a decryption and the name of the organization in which it is registered model contract... The position is indicated below, the signature of the person responsible for registration and seal is affixed, the number of the registered document is affixed.
How can the contract be terminated?
Let us consider in what cases it is possible to terminate the contract for the specialized rental of residential premises prematurely:
- death of the employer. Unlike a social rental agreement, 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 rent. Refugees, displaced persons and some categories of the population will remain to live in an apartment or house, while the agreement will be rewritten to a capable member of a particular family;
- violation of the terms of the contract. The employer or his family members violate the terms of the agreement (damage property, communications, improperly handle the premises, owe payments for housing and communal services);
- violation of living conditions. The tenant or his family members 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 on a voluntary basis, then can go to court.
You can terminate the employment contract in the agreed manner or ahead of schedule
The special rental agreement for housing does not provide for the provision of another premises upon termination. But there are exceptions.
These include citizens who do not have any other housing, who are registered as needing accommodation. At the same time, the law clearly limits the circle of such persons:
- old age pensioners;
- family members of military personnel;
- family members of a citizen who died after he was provided with a room in a hostel or residential office;
- disabled people of groups I or II who were injured as a result of military service, performance of labor duties.
The exclusion also includes persons who were evicted from a living room or 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 citizens in need lived, they are obliged to be given another, located not far from the previous one.
The term of the contract for the lease 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 specified circumstances expire, the contract for renting special housing will automatically terminate.
If you think that you are being unfairly evicted from such premises or are making a claim in connection with damage to property that was defective before you moved in, then it makes sense to seek the help of a lawyer.
But it is better to resort to it before signing the contract. Then the specialist will have a better chance of protecting your interests. A lawyer will provide advice, tell you whether you have the right to special housing, what should be the procedure for your actions, what documents will be required to conclude an agreement.