The concept of a residential lease agreement. Types of residential rental agreement The concept of residential rental
A rental agreement (both commercial and social) for residential premises is an agreement of the parties, according to which one party - the owner of the residential premises or a person authorized by him (landlord) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living. in him.
The rental agreement for residential premises is concluded in writing.
The parties to the agreement are the landlord and the tenant. The object of the lease agreement is residential premises. The object of a social tenancy agreement can only be residential premises in houses of the state and municipal housing stock. Landlord - the owner of the residential premises or a person authorized by him. Only a citizen can be an employer. The purpose of the tenancy agreement is to ensure the citizen’s right to housing.
A legal entity cannot be a party to a residential lease agreement, which does not exclude the possibility of such a person acquiring the right to own and use it, but on the basis of a different agreement. However, the actual use of residential premises leased by a legal entity can only be carried out by a citizen. A social tenancy agreement for residential premises is concluded on the basis, on the terms and in the manner provided for by housing legislation. A prerequisite for concluding a social tenancy agreement is the issuance of a warrant for residential premises by an authorized state or municipal body. A commercial lease agreement is fully regulated by civil law.
The object of a residential lease agreement can only be an isolated residential premises suitable for permanent use. It must be well-equipped in relation to the conditions of a given locality and meet established sanitary and technical requirements.
The parties to the residential lease agreement are the tenant and the landlord.
At the request of the tenant and other citizens permanently residing with him and with the consent of the landlord, the tenant in the rental agreement for residential premises may be replaced by one of the adult citizens permanently residing with the tenant.
In the event of the death of the tenant or his departure from the residential premises, the contract continues to be valid on the same terms, and the tenant becomes one of the citizens permanently residing with the previous tenant, by common agreement between them. If such agreement is not reached, all citizens permanently residing in the residential premises become co-tenants.
The subject of a sublease agreement may be the provision of all or part of the residential premises for paid use to the subtenant. The subtenant does not acquire the independent right to use the residential premises and does not bear independent responsibility to the landlord.
A sublease agreement is derived from a lease agreement, therefore the term of a sublease agreement cannot exceed the term of the lease agreement, and if the lease agreement is terminated early, the sublease agreement is terminated simultaneously with it. Temporary residents mean citizens who arrive to live in residential premises free of charge for a period of no more than six months. The condition for the move-in of temporary residents is the general consent of the tenant and the citizens permanently residing with him, as well as prior notification of the landlord about such move-in. The landlord may prohibit temporary residents from staying if they fail to comply with the requirements of the law on the standard of living space per person.
Temporary residents do not have independent rights to use residential premises. The tenant is responsible for their actions to the landlord. Temporary residents are obliged to vacate the premises upon expiration of the period agreed upon with them, and if the period is not agreed upon, no later than seven days from the date of presentation of the Relevant Request by the tenant or any citizen permanently residing with him.
The legislator has quite clearly prescribed the rights and obligations of the parties under this agreement.
The responsibilities of the landlord include: transferring vacant residential premises to the tenant in proper condition; carrying out the proper operation of the house in which the rental property is located; provision of necessary utilities to the employer on a reimbursable basis.
The responsibilities of the tenant of a residential premises include refraining from using the residential premises for purposes other than residence, ensuring the safety and proper condition of the residential premises, and timely payment of payment for it. Rearrangement and reconstruction of residential premises by the tenant is possible only with the consent of the landlord.
If citizens permanently residing in the residential premises together with the tenant are not indicated in the rental agreement, they acquire this status as a result of their moving into the residential premises in the prescribed manner. Such citizens have equal rights with the tenant to use residential premises, however, they acquire the legal status of co-tenant only if they enter into an agreement with the tenant on their joint and several liability to the landlord.
The conditions for moving other citizens into residential premises as permanent residents of this residential premises are the consent of the tenant and the citizens permanently residing with him to such moving in, as well as compliance with the requirements of the law regarding the living space per person, which is twelve square meters.
As a general rule, current repairs of rented residential premises are the responsibility of the tenant, and major repairs are the responsibility of the landlord. Re-equipment of a residential building in which rented residential premises are located, if the re-equipment significantly changes the conditions of use of the residential premises, is permissible only with the consent of the tenant.
The tenant is obliged to pay payment for housing and utilities (rent) no later than the tenth day of the month following the previous month.
The tenant of a residential premises has the right, with the consent of other citizens permanently residing with him, to terminate the tenancy agreement at any time with a written warning to the landlord three months in advance.
At the request of the landlord, the rental agreement for residential premises can be terminated in court in the following cases: the tenant fails to pay for the residential premises for six months, unless the agreement establishes a longer period, and in the case of a short-term lease - in case of failure to pay payment more than twice after the expiration of the period established by the agreement payment; destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible.
If the tenant of a residential premises or other citizens for whose actions he is responsible use the residential premises for other purposes or systematically violate the rights and interests of neighbors, the landlord may warn the tenant about the need to eliminate the violation. If the tenant or other citizens for whose actions he is responsible continue to use the residential premises for other purposes after this warning or violate the rights and interests of neighbors, the landlord has the right to terminate the rental agreement in court. Eviction of citizens living in it from the residential premises at the time of termination of the tenancy agreement is permitted only through judicial proceedings.
A rental agreement for residential premises is a civil contract under which one party - the owner of the residential premises 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.
Legal entities may be provided with residential premises for the residence of citizens for possession and (or) use on the basis of a lease or other agreement. In the state or municipal housing stock for social use, residential premises are provided to citizens under a social tenancy agreement for residential premises. Large legal dictionary / Ed. AND I. Sukhareva, V.D. Zorkina, V.E. Krutskikh. - M.: INFRA-M, 1998.
One of the most common in practice forms of realization by citizens of the Russian Federation of the right to housing in modern conditions is the form by providing residential premises in houses of state and municipal housing funds for social use under the terms of a social tenancy agreement within the limits of living space, as well as by providing residential premises for terms of the commercial lease agreement.
The concept of “social tenancy agreement” was introduced by Art. 672 Civil Code. Previously, in accordance with the housing legislation of the Russian Federation, the occupancy of social housing stock was carried out on the terms of a rental agreement for residential premises (Article 1, 12 of the Fundamentals of Federal Housing Policy, Article 51 of the Housing Code), and the use of residential premises on a commercial basis in state, municipal and private housing funds were formalized by a lease agreement, for the conclusion of which the citizen did not need to be in need of improved housing conditions.
The Civil Code of the Russian Federation has made a number of significant changes to the regulation of housing relations related to the rental of residential premises. The Civil Code devotes a separate chapter to this agreement, called “Renting residential premises” (Chapter 35 of the Civil Code of the Russian Federation).
The housing legislation, the Housing Code of the RSFSR, etc. also talks about a residential rental agreement, but here we are talking about a “social rental agreement for residential premises,” which is regulated by housing legislation. The Civil Code, having clearly separated the social rental of residential premises from the commercial rental of residential premises, indicates that relations regarding the social rental of residential premises are regulated in accordance with paragraph 3 of Art. 672 of the Civil Code, mainly by housing legislation and only some norms of the Civil Code (they are listed in paragraph 3 of Article 672 of the Civil Code).
The concept of a “commercial rental agreement for residential premises” is mostly used in the legal literature and legislation of the Russian Federation. However, the name of this agreement, in which the commercial component predominates, i.e. deriving income from the use of housing, and another component is downplayed - the use of housing for the residence of a citizen on the basis of a civil contract, does not seem indisputable, since in Ch. 35 of the Civil Code of the Russian Federation establishes general rules regarding the rental of housing, including in cases of social rental of residential premises. From this we can conclude that the latter should also have a commercial orientation, which is not true.
In addition to the two (commercial and social) residential lease agreements, the legal literature also distinguishes the rental of residential premises in the house of a housing or housing construction cooperative and the rental of service residential premises and a dormitory.
I believe that these two agreements (commercial and social) for residential premises should be of greatest interest, since civil and housing legislation speaks about them, the rest can be considered derivatives of them.
Types of residential rental agreement
I repeat that the legislation of recent years has divided the obligations arising from the rental of residential premises, mainly into social tenancy and commercial tenancy agreements.
Article 671 of the Civil Code of the Russian Federation contains the general concept of a residential rental agreement, defines its parties and conditions. It is considered that a residential tenancy agreement is a type of lease agreement. Therefore, the general rental provisions of Art. (606-625 of the Civil Code of the Russian Federation) can be applied subsidiarily to relations under a housing lease agreement if the norms of Chapter 35 of the Civil Code do not include special regulation or if the impossibility of such application does not follow from the essence of housing legal relations.
Along with the rental agreement for residential premises in Art. 672 Civil Code allocated a special social tenancy agreement residential premises, its characteristics and scope of application are determined. The legislative characterization of the contract as social tenancy emphasizes its difference from private, or, as it is also called, commercial tenancy of residential premises, the legal regulation of which is generally devoted to Chapter 35 of the Civil Code, and indicates the public legal nature of the institution in question, which does not fit into the classical , private law categories of civil law.
A social tenancy agreement for residential premises is an agreement under which the landlord provides the tenant and members of his family with a residential premises suitable for permanent residence in the housing stock for social use, usually in the form of a separate apartment, within the limits of living space, or reserves the tenant's right to residence under a rental agreement in a residential premises, regardless of its size, and the tenant undertakes to use this residential premises for its intended purpose, timely pay fees for its use and for utilities(Article 1 of the Fundamentals of Federal Housing Policy; Article 671 of the Civil Code of the Russian Federation).
From the above definition of a social tenancy agreement for residential premises, it follows that those who, even before the entry into force of the second part of the Civil Code (i.e. before January 1, 1996) used residential premises under a tenancy agreement in houses, are also currently living under this agreement state and municipal housing funds, regardless of the area of living space.
A residential tenancy agreement, namely a social contract, is not an innovation in housing legal relations. This term has already been used since the Civil Code of the RSFSR of 1964 in the section “Renting residential premises.” But its main parameters were determined by the still in force LC of the RSFSR in 1984.
The new Civil Code of the Russian Federation does not contain rules regulating legal relations in detail in the field of social housing rental, giving priority to the norms of the current housing legislation. Art. 672 of the Civil Code determines that a social rental agreement for residential premises is concluded on the grounds, on the terms and in the manner provided for by housing legislation.
The emergence of legal relations of social tenancy is preceded by the issuance of an administrative act - an order, which legally establishes the right of a citizen to provide him with residential premises and obliges the landlord to conclude a social tenancy agreement with him.
Residential premises under a social tenancy agreement are provided free of charge to citizens who need improved housing conditions and belong to the circle of persons who have the right, in accordance with the legislation of the Russian Federation, to receive housing from a state or municipal social use fund.
So, in paragraph 3 of Art. 40 of the Constitution of the Russian Federation establishes that low-income people and other citizens specified in the law who need housing are provided with it free of charge or for an affordable fee from state, municipal and other housing funds in accordance with the norms established by law. In Art. 9 of the Law on the Privatization of Housing Stock in the Russian Federation lists persons who retain the right to receive residential premises in houses of state and municipal housing stock under the terms of a rental agreement without paying their construction cost: disabled people from the Great Patriotic War and persons equated to them in the prescribed manner, disabled workers, disabled people since childhood, war veterans, families of those killed in the performance of government duties, families with incomes below the officially established subsistence level in need of improved housing conditions. The legislation of the Russian Federation and the constituent entities of the Russian Federation can grant the right to receive residential premises under a social tenancy agreement to other categories of citizens. Currently, these include military personnel, employees of internal affairs bodies, judges and prosecutors, citizens exposed to radiation as a result of the disaster at the Chernobyl nuclear power plant, Heroes of the Russian Federation, Heroes of the Soviet Union and full holders of the Order of Glory, as well as some other categories of citizens, many of whom are also entitled to housing benefits of various types..
In the Russian Federation, it is planned to continue to maintain the practice of free provision of housing in municipal and state housing funds to the listed categories of citizens. The main directions of the new stage of the implementation of the state target program “Housing”, paragraph 28. Approved by Decree of the President of the Russian Federation of March 29, 1996 No. 431 // SZ RF . 1996. No. 14. Art. 1431. The program of social reforms in the Russian Federation for the period 1996-2000, approved by Decree of the Government of the Russian Federation of February 26, 1997 No. 222. Section X “Reforms in the sectors of the social sphere”, subsection “Housing sector” // SZ RF. 1997. No. 10. Art. 1173., although in the difficult situation of overcoming the financial and economic crisis in the country, the state housing construction program has been significantly reduced, the volume of its commissioning has decreased, and therefore the queue for receiving housing from the social use fund has increased. At the same time, maintaining the practice of providing housing under a social tenancy agreement for various reasons, including the need to provide special state guarantees of social security to certain categories of citizens, continues to be objectively necessary.
A necessary condition for obtaining housing under a social tenancy agreement is the citizen’s need for improved housing conditions. The grounds for recognizing citizens in need of improved housing conditions are provided for by the Housing Code (Article 29), the Model Rules for the registration of citizens in need of improved housing conditions and the provision of residential premises in the RSFSR, approved by Resolution of the Council of Ministers of the RSFSR dated July 31, 1984 No. 335 (with subsequent amendments and additions), as well as housing legislation of the constituent entities of the Russian Federation. For example, the Regulations on the procedure for improving the living conditions of citizens in Moscow.
The procedure and conditions for the provision of residential premises under a social rental agreement to citizens in need of improved housing conditions, based on the requirements of federal legislation, are determined by the state authorities of the constituent entities of the Russian Federation in the relevant regulations.
At the same time, in the legal literature, as the main prerequisites for the emergence of housing legal relations under a social tenancy agreement, in addition to the citizen’s need to improve housing conditions, also permanent residence in a given locality, the amount of income per person, or the law’s classification of a citizen as a person entitled to free obtaining housing.
Residential premises under a social tenancy agreement are provided to citizens for indefinite use, as a rule, in the form of a separate apartment for a family in accordance with the established norm. The minimum amount for the provision of residential premises under a social tenancy agreement is established by the constituent entities of the Russian Federation depending on the achieved level of housing provision, family composition, the types of residential premises used in social housing buildings and other factors.
Despite the obvious mentioned open-ended nature of the contract for the social rental of residential premises, it must be noted that none of the main legislative acts in the housing sector contain direct indications of this (Article 672 of the Civil Code of the Russian Federation, Article 51 of the Housing Code of the RSFSR, Article 1 of the Law of the Russian Federation dated 12/24/1992 “On the fundamentals of federal housing policy”).
A contract for social rental of residential premises in houses of state and municipal housing funds for social use is concluded in writing on the basis of a warrant issued to a citizen to move into a specific residential premises between the landlord - a state or municipal enterprise, local government body (Article 674 of the Civil Code of the Russian Federation, Article 51 Housing Code, Art. 14 of the Fundamentals of Federal Housing Policy) and the tenant - the citizen in whose name the warrant was issued. The contract defines the rights and obligations of the parties.
Rule Art. 674 of the Civil Code of the Russian Federation also applies to a contract for the social rental of residential premises (Article 672, paragraph 3 of the Civil Code of the Russian Federation), it is imperative, however, failure to comply with the written form of the social rental contract does not entail the invalidity of the contract, but deprives the parties of the right in the event of a dispute to refer to the testimony of witnesses to confirm the contract and its terms (clause 1 of Article 162 of the Civil Code of the Russian Federation).
An approximate form of a social rental agreement for residential premises in state and municipal housing stock buildings was given, in particular, in the order of the Ministry of Construction of the Russian Federation dated August 20, 1996 No. 17-113. Nevertheless, throughout the entire period of validity of the RSFRS Housing Code of 1984, the written form of the social tenancy agreement never became widespread in practice. The written form of the contract is still replaced by an order, which de facto grants the citizen the right to use residential premises.
It should be emphasized that the order itself and, accordingly, the social tenancy agreement also indicate the family members of the tenant who live (intend to live) together with him. Members of the tenant's family enjoy, on an equal basis with the tenant, all rights and bear all obligations arising from the social tenancy agreement for residential premises (clause 2 of article 672 of the Civil Code, clause 1 of article 53 of the Housing Code). In this case, adult family members of the tenant are subject to obligations arising from the specified agreement. Members of the employer's family include the employer's spouse, their children and parents. Other relatives, disabled dependents, and in exceptional cases other persons may be recognized as members of the employer’s family if they live together with the employer and maintain a common household with him (Part 2 of Article 53 of the Housing Code).
It must be admitted that the content of a social tenancy agreement is determined, in essence, not by agreement of the parties, but by mandatory norms and rules. This applies to the norm for the provision of living space, and the standards for rent and utility bills, and the social norm for the total area of housing for the provision of compensation (subsidies) to citizens in the housing and communal services sector. The free expression of the parties to a social tenancy agreement is extremely limited.
The lessor in a social tenancy agreement is an organization based on the right of state or municipal property and authorized to represent the interests of the state or local government in the housing sector. Participation in the contract of the home owner is manifested indirectly - through the participation of the corresponding housing maintenance organization.
The landlord (local government body (LGU) and municipal organizations - in relation to the municipal housing stock, state organizations - in relation to the state housing stock) undertakes to provide the tenant and his family members with residential premises suitable for permanent residence, carry out major repairs, ensure uninterrupted operation of sanitary and other equipment located in the house, as well as in the tenant’s apartment. In turn, the tenant undertakes to: use the residential premises in accordance with its purpose, ensure its safety, carry out routine repairs, comply with the Rules for the use of residential premises, maintenance of the residential building and local area, eliminate damage to the residential premises at his own expense, as well as repair or replace damaged sanitary and other equipment, if such damage occurred through the fault of the tenant, pay rent and utilities on time.
The tenant of a residential premises has the right, with the consent of the landlord and adult family members, to sublease part of the occupied premises, change the social tenancy agreement, and also exchange the occupied residential premises (Articles 678, 680-681 of the Civil Code, Articles 67, 85 of the Housing Code). In addition, the tenant of a residential premises under a social tenancy agreement and members of his family can become the owners of the occupied residential premises by privatizing it (Article 54 of the Housing Code, Law on the Privatization of Housing Stock in the Russian Federation).
A social tenancy agreement for residential premises can be terminated at the request of the landlord only on the grounds specified in the law, and only in court, as a rule, with the provision of another residential premises to the tenant (Article 89-90 of the Housing Code), such a provision is considered the most important guarantee of law citizens for housing. Thus, the content of legal relations arising in connection with the provision of residential premises to citizens under a social tenancy agreement allows us to conclude that the right to residential premises under a social tenancy agreement arises from a complex legal structure, the elements of which are: preliminary registration of a citizen in as a person in need of improved housing conditions at the expense of the social housing stock; decision of the competent authority to provide a citizen with specific residential premises, issuance of a warrant for this premises, conclusion of a social tenancy agreement for residential premises on the basis of the warrant.
The open-ended nature of a social tenancy agreement (which was already mentioned above) should not be confused with concluding an agreement for an indefinite period. We are talking about lifelong social rental of living space by the tenant and members of his family. The civil legislation of Russia knows only one analogue of a lifelong agreement: a lifelong annuity agreement (Article 596 of the Civil Code of the Russian Federation).
The public legal regulation of a social tenancy agreement reveals another of its characteristic features: the social protection of the tenant and his family members living in state and municipal housing. I repeat, according to the law, only a legally capable individual is recognized as a tenant of residential premises under a social tenancy agreement. At the time of issuing the warrant, this person must belong to the category of citizens in need of housing from the housing stock for social use, in accordance with the lists determined by the constituent entities of the Russian Federation. The same position as tenants is occupied by citizens who entered into a rental agreement for residential premises before the adoption of the Civil Code of the Russian Federation.
Commercial rental agreement for residential premises . Before the entry into force of part two of the Civil Code in accordance with Art. 1 of the Fundamentals of Federal Housing Policy, this agreement was called a lease agreement. According to Art. 17 of the Fundamentals of the Federal Housing Policy, the shares of state and municipal housing funds provided under a commercial lease agreement are determined by the Government of the Russian Federation and government bodies of the constituent entities of the Russian Federation. The commercial rental agreement for residential premises is most common in private housing stock. In the future, it will also be widely used in state and municipal housing stock for commercial use.
The procedure, terms of conclusion, form of a commercial lease agreement, rights and obligations of the parties, termination of the agreement are regulated by Ch. 35 Civil Code of the Russian Federation. Unlike a social tenancy agreement, a commercial tenancy agreement does not require administrative prerequisites, such as compliance with priority in the provision of housing, living space standards, a preliminary decision of local authorities, etc. In a commercial lease agreement, everything is determined by agreement of the parties, and they are the lessor (the owner or owner of the residential premises, which can be either a legal entity or an individual) and the tenant who intends to take this residential premises for temporary possession or use.
A commercial lease agreement for residential premises is an agreement by virtue of which one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it(Article 671 of the Civil Code).
The lessor in a commercial rental agreement for residential premises is the owner of the residential premises (citizen, legal entity, state, constituent entities of the Russian Federation, municipalities) or a person authorized by him (for example, state or municipal unitary enterprises). Only a citizen can be a tenant of residential premises under a commercial lease agreement (Clause 1, Article 677 of the Civil Code). Along with the tenant, citizens who permanently reside with him have the right to use residential premises under a commercial lease agreement (Clause 2 of Article 677 of the Civil Code). Among them may be both members of the employer’s family and other persons who are not part of the employer’s family. The commercial rental agreement for residential premises must indicate the citizens permanently residing in the residential premises together with the tenant. If the contract does not contain such instructions, then the move-in of other citizens into the residential premises as permanent residents of the tenant can be carried out with the consent of the landlord, the tenant and citizens permanently residing with the tenant. When moving minor children into residential premises, such consent is not required (clause 2 of Article 677, 679 of the Civil Code).
The basis of a commercial rental agreement for residential premises is a voluntary agreement of the parties on all essential terms, and in this feature it differs from a social rental agreement, which is based on complex legal components (the need to improve living conditions, registration, obtaining a warrant for residential premises, conclusion of a contract on the basis of an order).
The subject (object) of a commercial lease of residential premises may be an isolated residential premises suitable for permanent residence (apartment, residential building, part of an apartment or residential building). In an apartment building, the tenant of a residential premises under a commercial lease agreement, along with the use of residential premises, also has the right to use the common premises of the house and equipment outside the apartment (clause 2 of Article 673 of the Civil Code).
The size of residential premises provided under a commercial tenancy agreement is not limited (Article 1 of the Fundamentals of Federal Housing Policy), in contrast to a social tenancy agreement, where the provision of residential premises is carried out within the established standards. A commercial lease agreement for residential premises is concluded in writing (Article 674 of the Civil Code); notarization of the agreement is not required. The absence of a written form of a commercial lease agreement does not entail its invalidity. According to Art. 683 of the Civil Code, commercial rental of residential premises is a fixed-term contract (and social rental is an open-ended contract) and is concluded for a period not exceeding five years. According to the validity period, there are two types of commercial rental agreement for residential premises: a) short-term rental - for a period of up to one year; b) long-term rental - for a period of one to five years. If the parties have not determined the validity period of the commercial lease agreement, then the agreement is considered to be concluded for five years.
In order to guarantee the housing rights of the tenant and citizens permanently residing with him, the Civil Code provides for the priority right of the tenant over other persons to conclude a commercial lease agreement for a new term (Article 684 of the Civil Code). The rights and obligations of the parties in a commercial rental agreement for residential premises are determined by agreement of the parties, as well as the norms of the Civil Code. The tenant can become the owner of residential premises received for use under a commercial lease agreement by purchasing it from the owner.
The grounds and procedure for terminating a commercial lease agreement are provided for by the Civil Code (Article 687 of the Civil Code). Moreover, at the request of the lessor, this agreement can only be terminated in court. In the event of termination of a commercial rental agreement for residential premises, the tenant and other citizens permanently residing with him are evicted from the residential premises without the provision of other residential premises (Article 688 of the Civil Code).
In modern conditions, the constitutional right of citizens of the Russian Federation to housing can be ensured not only by providing them with residential premises in houses of state and municipal housing funds under the terms of a social rental agreement within the limits of living space or by providing housing from private, state, municipal housing funds for use on conditions of commercial rental, but also in other forms, for example: obtaining residential premises in the houses of housing cooperatives or housing construction cooperatives, purchasing or constructing housing at one’s own expense without limiting the size of the area. Most of the listed legal opportunities to satisfy citizens' housing needs to one degree or another existed before. However, the Constitutions of the USSR and the RSFSR secured the monopoly of state and public housing funds in solving the housing problems of citizens. The development of individual housing stock and housing cooperation was given an insignificant place, which the state was only obliged to promote. The personal ownership of citizens in a residential building was of a limited and consumer nature, and the development and consolidation of the institution of private ownership of residential premises was completely absent for a long time.
Commercial rental is, in essence, an established rental institution in relation to individuals, and it is provided not by a private owner (as it is now), but by the municipality. Within the municipal fund, the social use fund, apartments are redistributed between people with different incomes and on different conditions.
But in a commercial rental agreement, the new legislation does not simply change the name of the same agreement, but significantly streamlines this type of relationship in the housing sector. In particular, the Civil Code of the Russian Federation established a number of new mandatory rules aimed, on the one hand, at protecting citizens using residential premises (by stipulating the obligations of the landlord and the judicial procedure for resolving controversial issues), and on the other hand, at protecting the owners of residential premises: from now on, the obligations of the tenant are provided for, which he bears upon expiration of the commercial lease agreement.
The relationship between a commercial tenancy agreement and a rental agreement. Housing legislation provides for the rental of residential premises. Accordingly, in these cases, the relationship between the owner of the housing stock (residential premises) - the lessor and the tenant (legal entity or individual) is formalized by a rental agreement for residential premises. This type of housing contract is provided for in Art. 17 of the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” and Art. 10, 54.1, 131 and others of the Housing Code of the RSFSR. The rental of housing was provided for by previously adopted housing legislation (1991-1992) during the country's transition to market relations. During this period, a new type of use of residential premises appeared in the legislation - the rental of housing, and, consequently, a new type of agreement - a rental agreement for residential premises, which implied the rental of housing for temporary possession and use without limiting its size and for an agreed fee. In other words, it was envisaged to use privately owned residential premises (in houses of the state and municipal housing stock - part of this housing stock) where not for consumer purposes (under a social tenancy agreement), but to generate income from renting out residential premises, then there are commercial interests.
The new Civil Code of the Russian Federation does not contain such a concept as a “lease agreement for residential premises” - not in Chapter. 34 “Rent”, neither in ch. 35 “Renting residential premises.” In addition, in paragraph 2 of Art. 671 of the Civil Code emphasizes that under a lease agreement, residential premises are provided only by legal entities. If we analyze the norms contained in the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, the Housing Code and the Civil Code, then there are no fundamental differences regarding the use of housing under a lease agreement and a commercial lease agreement. Therefore, we must proceed from the fact that the Civil Code “abandoned” the concept of “lease” in relation to the housing stock, replacing it with another concept “lease agreement,” which includes the main elements of lease (housing is provided for possession and use, its size is not limited , the contract is of a fixed-term nature, the payment for housing is established by agreement of the parties, etc.). Those. Currently, as a legal basis, we must use the norms of Chapter. 35 of the Civil Code, which are used with priority over the norms of other laws, since according to paragraph 2 of Art. 3 of the Civil Code, these norms must comply with the Civil Code.
The lease agreement is traditional in civil law: the Civil Code of the RSFSR of 1964, it was called a “property lease agreement” (Chapter 27); later, in the late 80s and early 90s, the legal basis for property lease agreements was the Fundamentals of the Legislation of the USSR and Union Republics on Lease (1989) and the Fundamentals of Civil Legislation of the USSR and Union Republics (1991), which became invalid due to the entry into force of Part Two of the Civil Code of the Russian Federation on March 1, 1996.
Currently, relations relating to leasing (tenancy of property) are regulated by Ch. 34 Civil Code of the Russian Federation. The object of lease can only be individually defined or non-consumable things, including non-residential buildings (premises).
Meanwhile, the relevant provisions of housing legislation continue to apply. The concept of a lease agreement in the housing sector is given in Art. 1 of the Law of the Russian Federation “On the Fundamentals of the Federal Housing Policy”, which talks about the provision of real estate for rent, including residential premises. However, mention of the rental of residential premises as an independent agreement in the housing sector first appeared in the Housing Code of the RSFSR (Articles 10, 54.1, 131, 132, 133, 136), in particular, in Art. 10 states that citizens have the right to receive, in the prescribed manner, residential premises under a lease agreement in houses of the state and municipal housing stock. The Law of the Russian Federation “On the Fundamentals of Federal Housing Policy” talks about the rental of residential premises by individuals (citizens) and legal entities. Based on the specified articles of the Housing Code and the purpose of residential premises (for the residence of citizens), the provision of residential premises for rent by legal entities was envisaged only for these purposes. In Art. 17 of this Law establishes that for the use of housing stock under lease agreements, only a certain share of residential premises in houses of the state and municipal housing stock should be allocated.
As mentioned above, civil legislation has established a principled approach to concluding rental agreements for residential premises (we only speak about the rental of residential premises by legal entities). Thus, in relation to citizens, the lease agreement has been replaced by a residential lease agreement. Meanwhile, housing legislation retains outdated norms regarding this issue. In this regard, on the issue of renting residential premises, it is necessary to make appropriate changes to the current acts of housing legislation (the Housing Code of the RSFSR, the Law of the Russian Federation “On the Fundamentals of Federal Housing Policy”, etc.).
By residential rental agreement the owner or a person authorized by him (lessor) undertakes to provide the tenant with residential premises for a fee for possession and use to live in it.
Employer residential premises can only be an individual. Legal a person can receive residential premises for temporary possession and use for citizens to live in only on the basis of a lease agreement.
Consensual,
Mutual
Paid.
Bilateral
Sides:
Landlord- the owner of the residential premises or another person endowed by law or the owner with the right to transfer the residential premises for rent.
Landlord:
A citizen subject to the general requirements of legal capacity and capacity.
Residential premises may be provided to a legal entity for possession or use based on a lease agreement or another agreement, cannot live in residential premises itself, but can be transferred to citizens for use.
Citizens who permanently reside with the tenant are not parties to the contract and do not bear any obligations to the landlord.
Form - simple written. non-compliance does not invalidate the contract. if the form is not followed, the parties have the right to prove the existence of an agreement using any means of evidence, with the exception of reference to witness testimony.
Citizens permanently residing with the employer must be specified in the contract. M.b. installed at the conclusion and during the validity period of the contract.
Item- residential premises, that is, premises structurally designed and suitable in terms of sanitary and technical conditions for permanent residence of people.
Item - an essential condition, if it is incompletely defined or not defined, the contract is considered not concluded.
Isolated residential premises suitable for permanent residence - an apartment, residential building, part of an apartment or residential building.
Residential- from the moment its construction is completed, it is put into operation and registered as a residential building by a specialized organization carrying out technical inventory (BTI). Suitability for living - compliance with sanitary and technical standards.
Price(amount of rental fee) is an essential condition. The commercial lease agreement is determined by agreement of the parties. It is possible to limit the freedom of the parties in its formation by establishing in legislation the maximum amount of payment for residential premises.
Unilateral changes in the fee amount are NOT allowed, except as provided by law or contract.
The tenant is obliged to pay rent monthly, no later than the 10th day of the month following the previous month. The rule is mandatory for a social tenancy agreement and applies to commercial tenancy relationships in the absence of another provision in the agreement.
Usually paid in cash, other forms of payment are possible by agreement of the parties.
Term- does not apply to essential conditions,
Agreement commercial hiring is concluded for a period not exceeding 5 years . If the contract does not specify a term, the contract is considered to be concluded for 5 years.
Agreements are divided into:
Short-term - concluded for a period of up to 1 year,
Long-term - for a period of 1-5 years.
The scope of powers of the employer in a short-term contract is already:
Does not have the right to move in citizens for the purpose of permanent residence,
Temporary residents
Does not have a pre-emptive right to conclude a contract for a new term,
Cannot sublease the premises or replace the tenant.
Restrictions are optional.
Types of agreement:
Agreement social hiring, which operates in the field of state and municipal housing stock;
Agreement commercial rental housing.
A commercial lease agreement is an agreement under which the lessor transfers to the lessee a residential premises of unlimited size for a negotiated fee for temporary use and possession, and the lessee undertakes to use it in accordance with its intended purpose and timely fulfill the obligations under the agreement.
Differences between social and commercial rental housing:
The social tenancy agreement is indefinite, and the commercial tenancy agreement is fixed-term (up to 5 years) with a pre-emptive right to conclude a residential tenancy agreement for a new term;
The grounds for terminating social and commercial rental contracts are different;
The scope of the parties' rights varies;
The rent under a commercial rental agreement is established by agreement of the parties, and in social rental relationships it is determined regulations .
Regulation of housing relations is under the joint responsibility of the Russian Federation and its constituent entities.
The main federal laws regulating housing relations:
Law “On the Fundamentals of Federal Housing Policy.”
If the contract is concluded for a period of up to one year, the tenant has the right to move in persons permanently residing with him if so agreed.
Co-tenants - having notified the lessor, enter into an agreement with the lessee that they are jointly and severally liable to the lessor.
Move-in is possible subject to the following conditions:
1) consent of the lessor;
2) consent of citizens permanently residing with the employer;
3) compliance with the norm of living space per person. NOT required when moving in minor children
Temporary residents may be universes in general consent of the tenant and co-residents citizens with him into living quarters for a period no more than 6 months. do not acquire independent rights to use residential premises.
Rights and obligations of the parties.
The lessor is obliged :
1) transfer to the tenant the vacant residential premises specified in the contract in a condition suitable for habitation.
2) carry out proper operation of the residential building in which the rented residential premises are located, ensure the provision of necessary utilities for a fee, and ensure the repair of the common property of the house.
3) carry out major repairs, the obligation may be by agreement of the parties is entrusted to the tenant.
4) no later than 3 months before the expiration of the contract, offer the tenant to conclude a contract on the same or different terms, or warn the tenant about refusing to renew the contract due to the decision not to rent out the premises for at least a year. If neither party expressed an intention to terminate or change it before the expiration of the contract, the contract considered extended under the same conditions and for the same period.
If the landlord refuses to renew the contract due to a decision not to rent out the premises, but within a year has entered into a new contract with another person, the tenant has the right to demand recognition of such a contract invalid and/or compensation for damages caused by the refusal to renew the contract with him.
The lessor has the right:
1) with the consent of the employer refurbish the residential building in which the rented residential premises are located, if this significantly changes the conditions of use of the premises.
2) prohibit the residence of temporary tenants in case of non-compliance with the requirements of the law on the standard of living space per person and demand the eviction of temporary tenants who are staying longer than the period for which they were moved in;
3) refuse to move in new persons living together with the tenant, except for minor children, if as a result of their move in the requirements of the legislation on the standard of living space will be violated;
4) require the tenant to pay fees and pay for utilities (if their payment is not the responsibility of the landlord).
The employer is obliged:
1) use the premises only for living
2) ensure the safety of the residential property and maintain it in proper condition;
3) carry out routine repairs at your own expense, obligation may be entrusted to the lessor;
4) pay rent for residential premises in the amount, manner and terms stipulated by the contract;
5) upon termination of the contract, vacate and hand over the premises to the landlord in proper condition.
The employer has the right:
1) use the premises for one’s own residence;
2) to move in other persons for permanent residence with the consent of the lessor and all persons permanently residing with the employer; compliance with the standard living space per person (except for minors)
3) to move in, with the consent of persons permanently residing with him, and with prior notification to the landlord, temporary residents for a period of no more than 6 months;
4) with the consent of the landlord, carry out reconstruction and reconstruction of the premises.
5) with the consent of the lessor transfer for a period part or all of the premises rented by him to use by subtenant. The tenant remains responsible to the landlord.
Sublease agreement may be concluded subject to compliance with the norm of living space per person.
This agreement is for a fee.
The validity period cannot exceed the term of the rental agreement.
If the lease agreement is terminated early, the sublease agreement is terminated simultaneously.
The sublease agreement is NOT subject to the rule on the preemptive right of the tenant to enter into an agreement for a new term.
Since subletting is subject to the provisions of the Civil Code and the Housing Code on the rental agreement, the contract with the subtenant can be terminated on the grounds provided for termination of the residential rental agreement;
6) upon expiration of the contract, extend it for a new term.
Changing the legal relationship of renting residential premises: grounds, procedure, consequences.
During the validity period the contract can be changed on the grounds provided for in Ch. 29 GK (change and termination of the contract):
Amendments to the agreement are possible by agreement of the parties, unless otherwise provided by law or agreement.
At the request of one of the parties, the agreement can be changed by a court decision only:
1) in case of a significant violation by the other party;
Essential- a violation of the contract by one of the parties, which entails such damage for the other party that it is largely deprived of what it had the right to count on under its contract.
In the event of a unilateral refusal to fulfill the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, it is considered modified.
A significant change in the circumstances from which the parties proceeded when concluding the contract is the basis for its change, unless otherwise provided for by the contract or follows from its essence.
Essential - circumstances have changed so much that, if the parties could have reasonably foreseen this, the contract would not have been concluded by them at all or would have been concluded on significantly different terms.
If the parties have not reached an agreement to bring the contract into compliance with significantly changed circumstances, it may be terminated, and in exceptional cases, when termination is contrary to the public interest or would entail damage for the parties significantly exceeding the costs necessary to execute the contract on the terms changed by the court, it may be amended by the court at the request of an interested party if the following conditions are simultaneously met:
1) at the time of conclusion, the parties assumed that such a change in circumstances would not occur;
2) the change in circumstances was caused by reasons that the interested party could not overcome after their occurrence with the degree of care and prudence that was required of it by the nature of the contract and the conditions of turnover;
3) execution of the contract without changing its terms would so violate the relationship of property interests of the parties corresponding to the contract and would entail such damage for the interested party that it would largely lose what it had the right to count on when concluding the contract;
4) it does not follow from business customs or the essence of the contract that the risk of changes in circumstances is borne by the interested party.
The agreement to change is made in the same form, as an agreement, unless otherwise follows from the law, other legal acts, agreement or business customs.
A request for change can be submitted by a party to the court only after receiving a refusal from the other party to the proposal to change the agreement or failure to receive a response within the period specified in the proposal or established by law or the agreement, and in its absence - within thirty days.
If the contract is amended, the obligations of the parties remain unchanged.
obligations are considered changed since the conclusion of the agreement between the parties about changing the contract, unless otherwise follows from the agreement or the nature of the change, and when changing in court - from the moment the court decision to change the contract comes into force.
The parties do not have the right to demand the return of what they performed under the obligation before the change in the contract, unless otherwise provided by law or by agreement of the parties.
If the basis for the change was a significant violation of the contract by one of the parties, the other party has the right to demand compensation for losses caused by the change.
Renting residential premises
The contract may be changed when new residents move into the tenant's premises for permanent residence. When temporary residents move in, the contract does not change, since they do not acquire independent rights to residential premises and are not indicated in the contract.
The basis for the change is replacement of employer , which is possible at the request of the tenant and other citizens permanently residing with him, with the consent of the landlord. The tenant may be replaced by one of the adult citizens permanently residing in the residential premises.
The legislation provides for the conclusion of an agreement on joint liability without the participation of the lessor, but only with his subsequent notification. The agreement as a document remains unchanged. If we consider it as a legal relationship, then it should be considered changed.
Termination of a housing tenancy agreement.
Termination of an agreement Renting residential premises is possible by agreement of the parties, and in cases provided for by law - at the request of one of the parties.
Termination of the contract is possible by agreement of the parties, unless otherwise provided by law or contract.
At the request of one of the parties The contract can be terminated by a court decision only:
1) in case of a significant violation of the contract by the other party;
2) in other cases provided for by law or agreement.
Major violation- a violation of the contract by one of the parties, which entails such damage for the other party that it is largely deprived of what it had the right to count on when it was concluded.
In the event of a unilateral refusal to fulfill the contract in whole or in part, when such refusal is permitted by law or by agreement of the parties, the contract is considered terminated.
If the basis for termination of the contract was fundamental breach of contract one of the parties, the other party has the right to demand compensation for losses caused by termination.
A significant change in the circumstances from which the parties proceeded when concluding the contract is grounds for termination, unless otherwise provided for by the contract or follows from its essence.
Significant change in circumstances- circumstances have changed so much that, if the parties could have reasonably foreseen it, the contract would not have been concluded by them at all or would have been entered into on significantly different terms.
If the parties have not reached an agreement to bring the contract into compliance with significantly changed circumstances or to terminate it, the contract may be terminated.
When terminated due to significantly changed circumstances, the court, at the request of either party, determines the consequences of termination of the agreement, based on the need for a fair distribution between the parties of the costs incurred by them in connection with the execution of this agreement.
The agreement to terminate the contract is made in the same form as the contract, unless otherwise follows from the law, other legal acts, agreement or business customs.
A request for termination may be made by a party to the court only after receiving the refusal of the other party to the proposal to terminate the contract or failure to receive a response on time, specified in the proposal or established by law or contract, and in its absence - within 30 days.
Upon termination of the contract, the obligations of the parties cease.
In case of termination, the obligations are considered terminated from the moment the parties agree to terminate the contract, unless otherwise follows from the agreement, and if the contract is terminated in court - from the moment the court decision on termination enters into legal force.
The parties do not have the right to demand the return of what they performed under the obligation before the termination of the contract, unless otherwise established by law or by agreement of the parties.
Employer residential premises has the right with the consent of other citizens permanently residing in residential premises, terminate the tenancy agreement at any time with written notice to the landlord 3 months in advance. Termination of the contract at the initiative of the employer is carried out without going to court .
At the request of the lessor, a commercial tenancy agreement for residential premises may be terminated judicially only if there are grounds provided by law:
Failure by the tenant to pay for the residential premises for six months, unless a longer period is established by the contract, and in case of short-term rental - in case of failure to pay the payment more than twice after the expiration of the payment period established by the contract;
Destruction or damage to the premises by the tenant or other citizens for whose actions he is responsible.
By court decision, the employer may be given a period of no more than a year to eliminate violations, which served as the basis for termination of the contract. Providing a period for eliminating violations is not an obligation, but a right of the court. This issue is decided taking into account all the circumstances of the case.
If, within the period determined by the court, the employer does not eliminate the violations or does not take all necessary measures to eliminate them, The court, upon repeated application by the lessor, makes a decision to terminate the contract.
At the request of the employer, the court may postpone the execution of the decision for a period of no more than a year. Such a decision is made by the court taking into account the specific circumstances of the case. Postponement of execution possible only upon application from the employer I. The court cannot make such a decision on its own initiative, even if there are grounds.
Agreement may be terminated by court upon request any of the parties to the contract, in the event of:
The occurrence of circumstances interfering with the use of the premises or entailing a significant deterioration in the conditions of use, in the absence of violations of the contract.
In other cases provided for by housing legislation.
If the tenant or other citizens for whose actions he is responsible use the residential premises for other purposes or systematically violate the rights and interests of neighbors, the landlord can warn the tenant about the need to eliminate the violation.
If, after a warning, they continue to use the premises for other purposes or violate the rights and interests of neighbors, the landlord has the right to terminate the contract in court.
In the event of termination of the contract, the tenant and other citizens living in the residential premises at the time of termination, subject to eviction from the premises based on a court decision.
Privatization of housing: concept, conditions, procedure.
Privatization of residential premises - free transfer to the ownership of citizens on a voluntary basis of residential premises occupied by them in state and municipal housing stock, and for citizens who have reserved occupied residential premises - at the place where the residential premises were booked.
Citizens occupying residential premises in the state and municipal housing stock have the right, with consent:
All adult family members living together;
As well as minors aged 14 to 18 years;
Purchase these premises as property.
Residential premises are transferred:
In common ownership;
Or into the property of one of the persons living together, including minors.
under 14 years of age, are transferred to their ownership:
- at the request of the parents, guardians with the prior permission of the guardianship and trusteeship authorities;
Or on their initiative.
Residential premises occupied exclusively by minors aged 14 to 18 years, are transferred to their ownership at their request with the consent of parents, guardians and guardianship authorities.
In the event of loss of parental care, if only minors remain in the residential premises, the legal representatives of the minors, within 3 months, draw up an agreement on transferring the residential premises into ownership of the children.
Agreements for the transfer of residential premises into ownership of minors under the age of 14 are drawn up at the request of their legal representatives with the prior permission of the guardianship and trusteeship authorities or, if necessary, on the initiative of such authorities. These agreements for minors who have reached the age of 14 are drawn up independently with the consent of their legal representatives and authorities.
The execution of an agreement in which only minors live is carried out at the expense of the owners of residential premises who transfer them.
In the event of the death of one of the participants in joint ownership of residential premises, privatized until May 31, 2001, the shares of the participants in the common ownership of the residential premises are determined, including the share of the deceased. The specified shares in the right of common ownership are recognized as equal.
Residential premises are not subject to privatization:
As well as residential premises in disrepair;
In dormitories;
In the houses of closed military camps;
As well as office residential premises, with the exception of the housing stock of state farms and other agricultural enterprises equated to them, and the housing stock of stationary institutions for social protection of the population located in rural areas.
Emergency- houses with damage to load-bearing structures that do not meet established technical, construction, sanitary and hygienic requirements, and fire safety standards.
The owners of the housing stock or bodies authorized by them, as well as enterprises to which the housing stock is assigned, with the consent of the owners, have the right to make decisions on the privatization of service residential premises and the housing stock of stationary social security institutions located in rural areas.
Service- residential premises intended for occupancy by citizens who, due to the nature of their labor relations, must live at or near their place of work and are provided only for the duration of the given employment relationship. Privatization of service apartments is permitted provided that citizens live in this apartment for at least 10 years and have worked for the company that owns it for at least 10 years.
The transfer of residential premises into the ownership of citizens is carried out by their authorized owners, state authorities and local self-governments, state or municipal unitary enterprises, to which the housing stock is assigned under the right of economic management, state or municipal institutions, state-owned enterprises, to whose operational management the housing stock is transferred.
The transfer of residential premises into the ownership of citizens is formalized transfer agreement , concluded by government bodies, local self-government, enterprises, institutions with a citizen receiving ownership of residential premises in the manner prescribed by law. Notarization of the transfer agreement is NOT required and the state tax is charged.
The contract includes minors who have the right to use this residential premises and live together with persons to whom the premises are transferred into common ownership with the minors, or minors living separately from these persons, but who have not lost the right to use this residential premises.
Ownership arises from the moment of state registration of the right in the Unified State Register of Rights to Real Estate and Transactions with It.
The decision on the privatization of residential premises must be made based on applications from citizens within 2 months from the date of submission of documents.
If a citizen’s rights are violated when resolving issues of privatization of residential premises, he has the right to go to court.
Citizens who have privatized residential premises, which are their only place of permanent residence, have the right to transfer the residential premises belonging to them by right of ownership and free from obligations into state or municipal ownership, and the relevant executive authorities are obliged to take ownership of them and enter into social rental agreements for these premises .
Every citizen has the right to acquire ownership free of charge, through privatization, of residential premises in the state and municipal housing stock for social use 1 time.
Minors who became the owners of the occupied residential premises in the manner of its privatization, retain the right to one-time free privatization residential premises in houses of state and municipal housing stock after they reach adulthood.
It is possible to privatize residential premises occupied by citizens in houses that require major repairs, while the former landlord retains the obligation to carry out major repairs of the house.
Current legislation contains fundamental differences in the procedure for concluding each of the two types of housing lease agreements. At the same time, the requirements for the form of contracts are the same for both. This made it possible to devote the same article to both types of contracts. 674 Civil Code. It is limited to indicating that residential rental agreements are concluded in writing. Considering that the general rule in this regard (Article 161 of the Civil Code) requires that all transactions of legal entities between themselves and with citizens be carried out in simple written form, and transactions between citizens in an amount exceeding at least ten times the minimum amount of payment established by law labor, under pain of the consequences specified in Art. 162 of the Civil Code, the meaning of the very fact of inclusion of the above norm in Chapter. 35 comes down to the extension of those established in Art. 162 of the Civil Code of the consequences for orally concluded contracts for the rental of residential premises, in which the lessor is a citizen, regardless of the amount of the transaction. This means that due to the lack of instructions on special consequences in case of violation of the rules on written form in Art. 674 of the Civil Code, when concluding a contract of both commercial and social tenancy, the unfavorable consequences for the parties are reduced to depriving them of the right in the event of a dispute to refer to testimony in support of the contract itself and its terms.
In relation to the methods of concluding contracts for the lease of residential premises, it should be borne in mind that of the two types of contracts, one - commercial lease - is subject to the general principle enshrined in Art. 421 Civil Code, - freedom of contracts. We are talking, in particular, about the fact that the landlord and the tenant enter into a commercial lease agreement of their own free will: neither one nor the other party can force the counterparty to enter into a contractual relationship with it or accept the proposed terms (condition) of the agreement.
For commercial lease agreements concluded regarding residential premises that are state or municipal property, constituent entities of the Russian Federation often approve model agreements.
Thus, by decree of the Moscow Government of January 21, 1997, the “Model agreement for commercial rental of residential premises in Moscow” was approved. The legal meaning of this type of agreement is determined by Art. 427 Civil Code. In order to make a model agreement binding on them, the parties must express their will twice, agreeing, firstly, on the conclusion of an agreement between themselves and, secondly, by including in its text a reference to the model agreement as such or to its individual terms. If there is no such reference, the sample agreement by virtue of Art. 5 of the Civil Code and clause 2 of Art. 427 of the Civil Code in its legal force is equal to business customs. This means that the rules of conduct contained in it will only apply if the gaps that have arisen both in the concluded agreement and in the legal provisions obligatory for the parties are filled.
Chapter 35 of the Civil Code specifically highlights three conditions of a commercial rental agreement for residential premises, devoting an independent article to each. This refers to the subject of the contract, price (amount of payment) and term.
By virtue of paragraph 1 of Art. 432 of the Civil Code in any contract, one of the conditions - about the subject matter is considered, of course, essential. Accordingly, the contract in question can be recognized as concluded only if it includes features that sufficiently individualize the residential premises transferred under a commercial lease agreement.
The subject matter clause in the rental agreement should answer the question of which residential premises should be leased. The interest in this sense can still be the same. Sample contract for commercial rental of residential premises in Moscow. One of its conditions stipulates the need to indicate in the contract the location of the premises and its size. It is specifically stipulated that the technical condition of the residential premises, inventory value, degree of wear and tear and characteristics of the residential premises are an integral part of the contract.
The absence of certain data related to the subject in this way may mean that the relevant essential term has not been agreed upon, and, therefore, the contract itself is not considered concluded.
The price condition in relation to a commercial lease agreement is discussed in Art. 682 of the Civil Code (“Payment for residential premises”). In addition, an indication of the provision of residential premises “for a fee” is included in the definition in Art. 671 of the Civil Code of a residential lease agreement, i.e. a commercial lease agreement, as one of its main features.
The Civil Code (Clause 1, Article 682) emphasizes that the amount of payment for residential premises is established in a commercial lease agreement by agreement of the parties. Moreover, with one limitation: if the law determines the maximum amount of such a fee, the price specified in the contract should not exceed it. It follows from this that in cases where the contract price is higher than the maximum established by law, the corresponding condition must be declared invalid with the consequences provided for in Art. 180 of the Civil Code (“Consequences of invalidity of part of the transaction”). As a result, the contract can still be considered concluded with the fact that the price condition will be valid in an amount equal to the maximum specified in the law. Since a contractual condition on a price that is contrary to the law is not just invalid, but insignificant, in the case when it turns out that the tenant will already have time to make payment based on the price stipulated in the contract, i.e. above the legal maximum, he will retain the right to recover the difference in price from the lessor. For the same reasons, it should be recognized that if the tenant has made payment, although in a smaller amount than stipulated by the contract, but within the legal maximum, the landlord will not be able to demand that the tenant be subject to those adverse consequences that are provided for in case of violation of obligations to pay for housing.
It should be noted that the legislator has not yet taken advantage of the opportunity provided for in the Civil Code and, accordingly, has not introduced a maximum payment limit for residential premises provided under a commercial lease agreement.
Currently, there is a special rule that resolves in a certain way the issue of price in a commercial lease agreement for the case when its subject is residential premises in houses of state and municipal housing funds. Bearing in mind the establishment of control over the relevant condition in such contracts, it is necessary to regulate payment for housing in relation to them. The corresponding functions are assigned to the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local administration (Article 18 of the Law of the Russian Federation “On the Fundamentals”).
At first glance it may seem that the wording of paragraph 1 of Art. 682 of the Civil Code (“the amount of payment for residential premises is established by agreement of the parties in the rental agreement for residential premises”) means that the contractual condition on the price is considered essential. However, such a conclusion would be incorrect. In such cases, one should be guided by clause 3 of Art. 424 Civil Code. It provides that in cases where the price is not specified in the consideration contract and cannot be determined based on the terms of the contract, payment should be made “at the price that, under comparable circumstances, is usually charged for similar goods, work or services.” Thus, the absence of a price clause in a commercial lease agreement is one of the avoidable shortcomings of the contract, and for this reason alone, the failure to mention the rental price in the contract does not in itself entail recognition of it as not concluded.
From those given in Art. 424 norms in the Civil Code also make certain exceptions aimed at tightening the corresponding consequences. An example is the price condition in the contract for the sale of real estate (clause 1 of Article 555 of the Civil Code). A sign of this kind of situation in the law is that the norm itself provides: if the contract does not contain a price condition agreed upon by the parties in writing, it will be considered not concluded. There is no such indication for a commercial lease agreement in the Civil Code.
Starting from the principle of the immutability of contracts, the Civil Code establishes a general rule, by virtue of which the amount of payment for residential premises established in the contract can be changed only by agreement of the parties, with the exception of cases provided for by law or contract (clause 2 of Article 682 of the Civil Code). The above rule differs from the more general one, which applies to all contracts. This refers to clause 2 of Art. 424 of the Civil Code, by virtue of which “a change in price after the conclusion of an agreement is permitted in cases and on the conditions provided for by the agreement, the law or in the manner prescribed by law.”
From Art. 683 of the Civil Code (“Term in a residential lease agreement”) it follows that a commercial lease agreement as such has a certain period within which the tenant has the right to use the residential premises. This period may be set by the parties themselves, provided, however, that it does not exceed five years. Otherwise, the period will be considered equal to five years. A similar consequence occurs if the contract does not indicate the rental period.
Thus, the condition about the period, as well as about the price, is not essential. An exception to this rule is provided for in Art. 432 (clause 1) cases in which, at the request of one of the parties, an agreement must be reached regarding a certain condition. Thus, both price and term, as well as any other contractual term, may become significant.
In order to ensure the stability of relations between the parties under a commercial lease agreement, the legislator (Article 684 of the Civil Code) recognizes for the tenant, upon expiration of the contract, a preferential right over any other person to enter into an agreement with the landlord for a new term. Accordingly, no later than three months before the expiration of the contract, the lessor is obliged to offer one of three options of his choice: to conclude an agreement for a new term on the same terms, to conclude an agreement for a new term, but on different conditions; warn about the desire to terminate the contract, explaining this by the fact that he has decided not to rent out the residential premises to anyone for at least one year.
The Civil Code allows the landlord to make a proposal to conclude an agreement for a new term, but on different terms. Such a proposal to change the terms of the contract becomes valid only with the consent of the tenant. The employer has the right to put forward his own new conditions on the same grounds, however, with the exception that such a condition should not be expressed in an increase in the number of persons who, by virtue of the contract, must live together with him. The Civil Code (Article 684) considers such a requirement of the employer to be obviously unacceptable.
If within three months before the expiration of the contract no proposals are received from the landlord, and the tenant himself, in turn, does not present any objections to concluding the contract for a new term, the contract will still be considered concluded on the same terms and for a new term .
The law protects the tenant from dishonest actions of the landlord. This means that if, within a year from the date of termination of the contract due to his announced decision to no longer rent out residential premises, the landlord nevertheless concludes an agreement with someone, the tenant has the right to demand that such an agreement be declared invalid. And this will mean that the previously concluded contract must be considered valid for a new term and on the same terms, and the landlord will have to compensate the tenant for losses caused by unfair actions.
The conclusion of a social tenancy agreement for residential premises in state and municipal housing is distinguished by a number of features. First of all, it should be noted that the conclusion of an agreement in this case is divided into certain stages that are unique to this type of agreement.
The right to use residential premises in state or municipal buildings is acquired by citizens who are recognized in accordance with the procedure established by law as needing to improve their living conditions.
The LC (Article 28) provides that the corresponding right is recognized for those citizens who permanently reside in a given area. Registration of persons in need of improved housing conditions is carried out as a general rule by the administration of the district, city, district in the city at the citizen’s place of residence. State and municipal enterprises, institutions and organizations that have their own housing stock or carry out capital construction or take an equity participation in it independently keep records of workers who need residential premises.
Living space is provided to those in need according to the general rule in order of priority: depending on the time they were registered. The housing complex specifically identifies those to whom housing should be provided first of all or even out of turn. In such cases, circumstances of various nature are taken into account, including, in particular, health conditions, participation in hostilities, and natural disasters. Subjects of the Russian Federation may establish additional conditions for recognizing citizens as needing improved housing conditions, regardless of the size of the premises occupied.
Thus, citizens who have lived in Moscow for a total of at least 40 years are recognized as needing improved housing conditions, regardless of the size of the occupied residential premises, provided they have lived in communal apartments for at least the last ten years and have the full length of service required to qualify for a pension in accordance with the current legislation of the Russian Federation, or the last five years, regardless of length of service in the presence of disability of group I or II, as well as disability due to disease. All listed citizens are included in a separate list under the category “long-livers of Moscow living in communal conditions.”
The provision of residential premises is carried out by decision of the administration of the district, city, district in the city. In houses owned by state (municipal) enterprises and organizations, vacant residential premises are distributed by joint order of the administration and trade union committees. A joint decision made in this regard by the administration of the enterprise and the trade union organization requires its approval by the administration of the district, city, district in the city and its subsequent issuance of a warrant.
In the same way, office living quarters are provided by decision of the administration of the organizations in charge of the corresponding premises. For this purpose, the administration of the organization makes a decision, which serves as the basis for issuing a warrant to the person specified in the decision by the administration of the district, city, district in the city (Article 105 of the Housing Code).
By its legal nature, the order is an administrative act. The Housing Code (Article 48) especially emphasizes that an order can be invalidated only by a court and only due to a violation of the procedure and conditions for the provision of residential premises. As an example of possible grounds for declaring an order invalid, the Housing Code provides for: provision by citizens of untrue information about the need for improved housing conditions, violation of the rights of other citizens or organizations to the residential premises specified in the order, unlawful actions of officials when deciding on the provision of residential premises .
Resolution of the Plenum of the Supreme Court of the USSR No. 5 of December 26, 1984 “On some issues that arose in judicial practice when applying the Housing Code of the RSFSR” in relation to one ground - violation of the priority order - indicated the need to find out “whether the sequence of providing the defendant with residential housing was really violated premises, whether the defendant by law has the right to extraordinary or priority provision of residential premises or on the terms that, in accordance with the law, may be provided for when concluding an employment contract, whether it was not in the prescribed manner, for example, in accordance with Art. 41 of the Housing Code, a decision was made to provide the defendant, in need of improved living conditions, with residential premises out of turn; If, when issuing a warrant, the order in which residential premises were provided was not observed, was this not a consequence of the fact that the citizens who were registered ahead of the defendant for improving housing conditions did not apply for the residential premises specified in the warrant (for example, they wanted to get a larger apartment) or whether, by the time the case was considered, the circumstances that had previously prevented the defendant from providing residential premises had disappeared (for example, citizens who were registered ahead of the defendant for improving housing conditions received residential premises and no longer lay claim to the premises about which the dispute arose).”
The Housing Code (Article 100) provides that if a warrant for residential premises is declared invalid due to the illegality of the actions of those who received the warrant, the latter are subject to eviction without the provision of other residential premises. However, if the citizens specified in the warrant previously used residential premises in a state or public housing building, they must be provided with the residential premises they occupied or other residential premises.
If the order is declared invalid for other reasons, the citizens specified in the order are subject to eviction with the provision of another residential premises or premises that they previously occupied.
The Resolution of the Plenum of the Supreme Court of the USSR dated December 26, 1984 provides for the possibility of applying for the invalidation of a warrant issued out of sequence, also by enterprises, organizations or local administrations in charge of the distributed residential premises.
Finally, it should be borne in mind that since it is from the order that the right to residential premises arises, if it is declared invalid, the right based on it will also be lost. On the issue of the nature of the warrant, the position of the Judicial Collegium for Civil Cases of the Supreme Court of the Russian Federation in connection with one of the cases considered by it raises some doubts. It was about invalidating a warrant issued in violation of the established procedure without a corresponding decision of the local administration. In the course of the case, the question arose about the plaintiff (the administration of the Central District of Khabarovsk) missing the established Art. 48 ZhK three-year limitation period for invalidating an order. The Supreme Court of the Russian Federation indicated that in this case one should be guided by Art. 181 of the Civil Code, which provides for a ten-year limitation period for claims regarding the application of the consequences of invalidity of void transactions. A number of arguments have been put forward.
First of all, the Supreme Court of the Russian Federation indicated that “by virtue of Art. 153 of the Civil Code, transactions are any actions of citizens and legal entities aimed at establishing, changing or terminating civil rights and obligations. Issuance of a warrant for residential premises in accordance with subsection. 2 p. 1 art. 8 of the Civil Code is the basis for the emergence of civil rights and obligations, in particular for the subsequent conclusion of a residential lease agreement.
In this regard, the issuance of a warrant should be considered as one of the elements of civil law relations.”
As for the conflict that arises in this way between the Civil Code and the Housing Code on the issue of the limitation period, then, as the Supreme Court of the Russian Federation emphasized, “in accordance with paragraph 2 of Art. 3 of the Civil Code, civil law norms contained in other laws must comply with this Code. This provision also applies to the norms of housing legislation, including relations arising in connection with the issuance of a warrant for residential premises in houses of the state or municipal housing stock.”
This ruling raises a number of doubts. First of all, in Art. 154 of the Civil Code does not provide that “any actions” are recognized as a transaction. Thus, this article still does not exclude the fact that “actions aimed at establishing, changing and terminating civil rights and obligations” are not always transactions. In this regard, reference can be made to Art. 8 of the Civil Code, which names, in addition to transactions, eight more grounds for the emergence of civil rights and obligations, and among them “acts of state bodies and local governments, which are provided by law as the basis for the emergence of civil rights and obligations.” The issuance of a warrant is, firstly, an action, and secondly, it is aimed at the emergence, change or termination of civil rights and obligations. Its fundamental difference from transactions is that the completion of a transaction expresses civil legal capacity, and the issued administrative act (issuance of a warrant) expresses the authority of the authority. The fact that administrative acts are not actually transactions was, obviously, one of the reasons why it was necessary to include in the Civil Code, along with §2 “Invalidity of transactions,” Ch. 9, especially Art. 13: “Invalidation of an act of a state body or local government body.”
It should be added that even if the recognition of the order as invalid could fit within the framework of the articles of the Civil Code on the invalidity of transactions, then even then the reference of the Supreme Court of the Russian Federation to paragraph 2 of Art. 3 of the Civil Code, which in itself does not raise doubts, could not be applied in this case. This is explained by the fact that the Civil Code (Article 672) in relation to the social tenancy agreement contains a direct indication of the priority of the norms of housing legislation, which includes Art. 48, dedicated, as can be seen from its title, to “the grounds and procedure for invalidating an order for residential premises.” This last article provides that “a claim for the invalidation of a warrant may be made within three years from the date of its issue.” Thus, two types of exceptions have been established from the general rules of the Civil Code on the limitation period, one of which concerns the period of validity of the limitation period, and the second - the moment when the limitation period begins.
From the stated positions, the same doubts could be expressed about paragraph 28 of the resolution of the Plenum of the Supreme Court of the USSR No. 2 of April 3, 1990, which also believed that the requirements for declaring the order invalid and terminating the rental agreement for residential premises are covered by those provided for in its time st. 16 of the Fundamentals of Civil Legislation of the USSR and Union Republics, the statute of limitations is three years, except in cases where the receipt of a warrant is associated with the commission by the citizens who received it, or by officials, of actions that are obviously contrary to the interests of the socialist state and society. The priority of civil norms expressed in this paragraph in relation to the norms of housing legislation in relation to social tenancy agreements also, in our opinion, diverges from Art. 672 Civil Code.
The fundamental structure of a consensual social rental agreement is the basis of a standard agreement, which was developed in Moscow. We are talking about the model of the Standard Social Tenancy Agreement for residential premises. The scheme to which this model is subject boils down to the following: first, on the basis of a decision of the executive authority, an agreement is concluded, and on the basis of the agreement, in fulfillment of the obligation fixed in one of its conditions, within a month after signing the agreement, the specified residential premises are provided and accordingly provided free access to it for the employer. In addition, the agreement contains conditions that mainly specify, detail and develop the norms contained in housing legislation and the Civil Code. One of the contractual conditions stipulates that the landlord, who through his own fault did not provide residential premises, pays the tenant 0.5% of the annual rent for residential premises for each day of delay, accrued from the first day following the expiration of the month.
“Such a document is extremely important from a legal point of view: it determined the relationship of the parties, the rights and obligations of the tenant and the owner (owner) of housing, as a rule, a state-authorized housing authority. But at that time, in practice, the agreement was of a purely formal nature. The main document remained the order, which gave the right to move into a residential premises and automatically entailed the conclusion of a rental agreement.
The absence of contractual relations based on the civil obligations of the parties led to the fact that the parties did not have a clear understanding of the responsibility for ensuring the proper maintenance of residential premises and common property (mainly engineering and technical devices) that ensure the normal maintenance of the household.
People pay for housing and utilities, but, as a rule, they do not know in what time frame repair organizations are obliged to carry out current and major repairs, who bears what responsibility and what responsibility if the tenant does not receive basic amenities: heat, water, etc. At the same time, sanctions cannot be applied to a tenant, say, for irregular payments for renting an apartment or its use for non-residential purposes. Punishments for these types of violations exist in the law, by the way, but there is no mechanism for enforcing them.”
As for the usual model of social hiring, which has been used everywhere for a long time, its nature, in our opinion, is different. The basis of the emerging legal relations is not a consensual, but a real contract, i.e. one for which the transfer of the thing is outside the scope of the contract. It serves only as an element of his conclusion.
The corresponding agreement is considered concluded from the moment the residential premises are transferred and accepted (the usual option is move-in) by the holder of the order. At the same time, in this case there is a special real agreement.
As for the possibility of constructing a social tenancy agreement as real, the basis for this can be Art. 48 of the Housing Code, which directly calls the order “the only basis for moving into the provided residential premises.”
From the stated positions, the views of those who recognized the warrant only as having the right to demand the conclusion of an agreement do not fit into the framework of the model of a real contract.
In any case, joining one or another position on the issue of the real or consensual nature of the social tenancy agreement implies certain consequences. One of them is expressed in the fact that if a social tenancy agreement is recognized as consensual and the transfer of things becomes the content of the agreement, then, obviously, when analyzing the rights and obligations of the parties under this agreement, the transfer of residential premises by the landlord to the tenant should find its place. Therefore, it is quite understandable why the chapter “Rights and Obligations of the Parties”, referring to the social tenancy agreement, O.S. Ioffe begins by pointing out that the landlord is obliged to provide residential premises in a condition that complies with the terms of the agreement and its purpose precisely as a residential rental agreement.
An intermediate position is occupied by Yu.K. Tolstoy. He believes that “having received a warrant, a citizen can demand that the housing maintenance or other organization in charge of the housing stock enter into a housing rental agreement with him, and the specified organization is obliged to conclude this agreement with him if the warrant is issued on the grounds and in the manner prescribed by law." At the same time, Yu.K. Tolstoy admits that “a social rental agreement for residential premises is consensual, paid.” But then it still remains not entirely clear why the chapter of the cited book, devoted to the contents of the contract, is limited to the presentation of such issues as the right to use residential premises, obligations to pay for residential premises and utilities, for the proper maintenance and repair of residential premises, as well as the right to its exchange (see Chapter 7). And at the same time, issues related to the transfer of residential premises ended up in another chapter of the same book: “The Emergence of Civil Legal Relations.”
In this regard, we believe that it should be recognized that identifying “movement” as an independent element of the legal structure is possible, but only on condition that the housing rental agreement is recognized as real with all the ensuing consequences. And, on the contrary, in a consensual agreement there is no place for “inhabitation” among the grounds for its emergence.
The identification in the legal composition of such a legal feat as the conclusion of a written agreement corresponded to the norms that were in force at that time, however, and now. All three Russian civil codes imply the need for a written formalization of a housing tenancy agreement. However, at the same time, the codes are equally unanimous in not seeing a violation of this requirement as a basis for declaring the contract invalid. As already noted, everything came down only to limiting the range of evidence in cases of challenging the existence of an agreement that did not have a written form and its terms (see Articles 136 and 153 of the Civil Code of 1922, Articles 46 and 299 of the Civil Code of 1964, as well as Art. 67 and 162 in the current Code). In this regard, the last thing in a row may be the conclusion of an agreement as such even in the absence of a written form.
Mandatory, as well as dispositive norms, as well as standard and exemplary contracts, can only be applied if there is a specific contract. Thus, there must be a prior agreement between the parties that fully complies with the requirements usually addressed in contracts. Since the written form of the contract is not a condition for the validity of the contract, it remains to conclude it at least orally.
An increased role of the written form of the contracts under consideration can be expected in connection with the general reform of the housing and communal services. It is no coincidence that the Decree of the President of the Russian Federation, issued on this occasion, named as an integral part of the ongoing reform the transition to concluding in written form lease agreements for state and municipal housing funds. At the same time, the fulfillment of this requirement is attributed to the first stage of the reform.
The absence of a written contract is compensated by oral contracts, including those concluded through implied actions capable of expressing the will of the parties. This refers to the corresponding actions regarded as an offer and its acceptance.
An essential condition of a social tenancy agreement, like a commercial tenancy agreement, is, first of all, the subject of the agreement - residential premises. In this case, the specified condition is exhaustively determined by the order.
Now about the essential terms of residential rental agreements.
From Art. 10 of the Housing Code it follows that under a social tenancy agreement, residential premises are provided for indefinite use. For this reason, a term of any duration included in the contract is void. An exception is the lease agreement for office premises. It has a validity period determined by the entire time during which the employer’s work continues, which served as the basis for providing him with premises for living (Article 106 of the Housing Code). At the same time, as a general rule, Art. 107 of the same Code establishes that in such cases, the termination of labor relations, and for this reason also legal relations of housing, entails eviction without the provision of other living quarters of both the person to whom it was provided and everyone who lives with him. There, in the housing complex, there are cases in which eviction from office premises is possible only with the provision of another premises.
At present, a number of acts have been issued aimed at fulfilling, within the framework of the ongoing reform, the task of ensuring by 2003 the level of corresponding payments from citizens in an amount capable of fully reimbursing the costs of maintaining and repairing housing, as well as for the services provided. One of these acts is the Decree of the Government of the Russian Federation of June 18, 1996 “On streamlining the system of payment for housing and utilities.” It stipulates, in particular, that local governments must approve standards for the consumption of housing and communal services, as well as subsidy rates for housing and communal services (except for tariffs for electricity and gas). The same act approved the Regulations on the procedure for providing citizens with compensation (subsidies) to pay for housing and utilities. We are talking about compensation (subsidies) provided to citizens by state authorities of the constituent entities of the Russian Federation and local governments in the form of a general rule within the social norm of housing, taking into account the standards of the living wage, total family income and existing benefits. Local governments have the right to provide benefits for housing and utilities under a social rental agreement also to those citizens whose living space exceeds the social norm.
Clause 13 of the regulation on the procedure for registering citizens in need of improved housing conditions and providing residential premises in Moscow, approved by a resolution of the Moscow City Duma of October 7, 1998, indicates that citizens registered under place of residence in Moscow for at least 10 years. NW RF. 1996. No. 26. Art. 4116.
Under a residential lease agreement, one party is the owner of the residential premises or a person authorized by him (landlord)- undertakes to provide the other party (to the employer) residential premises for a fee for ownership and use for living in it. Characteristics of the residential lease agreement: it is consensual, reimbursable, bilaterally binding. Subject a residential lease agreement is an isolated (having a separate entrance), well-equipped (in relation to the conditions of a given locality), and meeting established sanitary and technical requirements. This can be a residential building, an apartment, or parts of them. Parties residential rental agreements are landlord And employer. The lessor can be citizens and legal entities, and the tenant can only be an individual. Contract form The lease of residential premises can only be in writing. Contract term The rental of residential premises can be either definite or indefinite. Types of agreement rental of residential premises: social rental agreement for residential premises; commercial rental agreement for residential premises. The types of residential lease agreements mentioned above differ from each other: the grounds for their conclusion; the form of ownership of the landlord for the rented residential premises; the size of the residential premises that are the subject of the contract; duration of the contract; method of determining payment for the use of residential premises; terms of the contract; powers of the parties to the contract; sources of their legal regulation.
Termination of a residential tenancy agreement.
1. The tenant of a residential premises has the right, with the consent of other citizens permanently residing with him, to terminate the rental agreement at any time with a written warning to the landlord three months in advance. 2. A rental agreement for residential premises may be terminated in court at the request of the landlord in the following cases: the tenant fails to pay for the residential premises for six months, unless a longer period is established by the agreement, and for short-term rentals, in case of failure to pay payment more than twice after the established period payment term agreement; destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible. By a court decision, the tenant may be given a period of no more than a year to eliminate the violations that served as the basis for terminating the rental agreement. If, within the period determined by the court, the tenant does not eliminate the violations or does not take all necessary measures to eliminate them, the court, upon repeated application by the landlord, makes a decision to terminate the rental agreement. In this case, at the request of the employer, the court in the decision to terminate the contract may postpone the execution of the decision for a period of no more than a year. 3. The rental agreement for residential premises may be terminated in court at the request of any of the parties to the agreement: if the premises cease to be suitable for permanent residence, as well as in the event of its emergency condition; in other cases provided for by housing legislation. 4. If the tenant of a residential premises or other citizens for whose actions he is responsible use the residential premises for other purposes or systematically violate the rights and interests of neighbors, the landlord may warn the tenant about the need to eliminate the violation. If the tenant or other citizens for whose actions he is responsible, after warning, continue to use the residential premises for other purposes or violate the rights and interests of neighbors, the landlord has the right to terminate the rental agreement in court. In this case, the rules provided for in paragraph four of paragraph 2 of this article apply.
