Is it possible to rent a room to a municipal apartment? Category “Social hiring”. Permission to rent out public housing premises
If you decide to rent out an apartment, remain on good terms with neighbors, without complaints from utility services, and build respectable and honest relationships with the tenant, this article will help with this. More details about everything.
What kind of apartment do you plan to rent out: privatized or municipal? Each rental has its own characteristics.
How to rent out a privatized apartment
A privatized apartment is an apartment that is your property. According to paragraph 2 of Article 35 of the Constitution of the Russian Federation, as well as paragraph 2 of Article 209 of the Civil Code of the Russian Federation, any citizen has the right to dispose of his property at will. It follows from this that if you are the owner of your apartment, then you have the legal right to decide to whom and at what price to rent out your apartment.
The same applies to other owners. Therefore, if you are not the only owner of the apartment, then your general decision will be required to conclude a lease agreement, i.e. consent of all owners. In this regard, there are several options:
Issue a power of attorney for one owner. Write in the power of attorney that all other owners trust him to conclude an agreement for the rental of their apartment. In this case, one owner, to whom a power of attorney has been issued, will act as the lessor.
The contract itself must list all the owners of the apartment and everyone living with the tenant.
How to rent out a municipal (non-privatized) apartment
A municipal (non-privatized) apartment is not personal property. But according to paragraph 1.2 of Article 67 of the Housing Code of the Russian Federation, you have the legal right to sublease your apartment. According to paragraph 1 of Article 685 of the Civil Code of the Russian Federation, you can rent out an apartment under a sublease agreement only with the consent of the landlord, so additional approval will still need to be completed.
The landlord of your municipal apartment can be: a prefecture, a municipality, or any other government agency. Who the real landlord is can be found out from the lease agreement on the basis of which you live in the apartment.
The landlord must provide a written request to enter into a sublease agreement. This application must also contain the consent of all members of your family with whom you live in this apartment.
The response must also be provided in writing. If it is positive, then you can safely enter into a sublease agreement.
Frequently asked related questions
Relations with neighbors
From the point of view of the law, what you do with your own apartment or the apartment provided to you for use does not in any way affect your neighbors. But, if your tenants disturb the peace of neighbors or their other legal rights, this can cause you unnecessary trouble. Therefore, carefully write down all the details of relationships with neighbors in the contract.
If your tenants are decent people and live in your apartment neatly, without violating the rules of order, then no questions about their lifestyle, etc. you are not required to answer. If you and your neighbors are on good friendly terms, you can ask them to “first” look after your new residents: do they bring guests and how often, do they organize noisy parties, etc.
Utility services
As with neighbors, you are under no obligation to provide them with any information about your tenants. The only exception may be the number of residents, since utility bills are associated with this. But you are not required to provide information about your tenants. According to Russian Federation Law No. 152-FZ “On Personal Data,” you do not have the right to disclose information about your tenants to anyone.
We insure property
Most likely, you will rent out an apartment with at least a minimum set of furniture, household appliances and other property. In this regard, we recommend that you secure your belongings. We talked about this in detail in the article. But we will repeat ourselves because this is a very important issue. To begin with, be sure to draw up the agreement in writing. In the appendix, make an inventory of the property you are offering with the apartment. In the inventory, list everything important to you in your apartment, and also describe
condition, damage, etc.
"Communal" in a rented apartment
All utilities under Article 678 of the Civil Code of the Russian Federation are paid by the tenant. The agreement can focus on this and fix the tenant’s obligation to pay for utilities separately. But you must clearly monitor the payment process, since all claims from utility services will be directed at you.
Don't let go of control
No matter how decent the tenants may seem to you, do not let the situation take its course. Periodically check the apartment and the safety of property. Of course, it would be unethical to come without warning, but it would be correct to discuss this point in advance before moving in and write down the rules for your visits in the contract.
Let's sum it up
If you are planning to rent out an apartment, pay attention to the following nuances:
- municipal or privatized apartment
- what kind of relationship do you have with your neighbors?
- who is your HOA and how are utility bills calculated?
- what property is valuable to you, what would you include in the inventory.
Once again, pay attention to the detailed drafting of the contract. Try to write down in it all possible controversial issues, conditions, terms, payment, etc.
Many of us have probably heard the term “social hiring”, but few have thought about its meaning. The concept does not have an exact and concise definition. Generally speaking, tenancy is a type of contract whose purpose is to satisfy the tenant's housing needs.
There are two types of such agreements - commercial and social. The main difference lies in the legislative framework on which lawyers rely when drawing up a contract. Commercial rentals are regulated by civil law, and social rentals by the housing code of the Russian Federation. Let's take a closer look at the latter.
Who can hire
The owner of apartments provided for social rent is the state or municipal housing fund. According to the conditions established in Article 60 of the Housing Code, the owner undertakes to transfer the apartment to the tenant, that is, a citizen of the Russian Federation for unlimited use. The document (agreement) is signed by both parties.
Typically, property management is a self-government body related to the local administration that acts (signs an agreement) on behalf of the owner.
The tenant is exclusively a citizen of the Russian Federation who belongs to the category of low-income people, registered and recognized as needing housing.
Social hiring programs in Moscow
The capital is one of the few regions where free housing is still provided to citizens on the waiting list.
Two categories of people on the waiting list have the right to receive an apartment: 
- people who joined before March 1, 2005 - the list does not include low-income residents of Moscow, since the Housing Code did not then require recognition of those on the waiting list as low-income;
- and citizens who registered after the specified date - the list contains people recognized by the Social Security Administration as low-income.
To get on the waiting list for free housing, a family must be classified as low-income. The corresponding certificate is issued by the Social Security Administration. You should contact the district office at your place of residence with this document.
Social employment is provided exclusively on a first-come, first-served basis. First of all, veterans of the Second World War, children left orphans, disabled people (or patients with severe chronic illnesses), and migrants from dilapidated houses receive housing.
One person is entitled to 18 sq. meters of living space. But in fact, in Moscow, one person is given a one-room apartment of up to 36 square meters. meters (smaller apartments of this type are not currently being built). The fee is up to 1.8 rubles per square meter. The premises cannot be passed on by inheritance or sold. All redevelopments in the apartment are carried out only in agreement with the city administration.
In the fall of 2013, legislators adopted a bill on non-profit rental housing in the second reading. It is assumed that the approval of these norms will be able to solve the housing problem for many Russians.
The authors of the bill advise citizens who need improved housing conditions to resort to non-profit rental housing, which is at the disposal of the city or municipality. It is planned that the monthly payment for such housing will be relatively low - from 8 to 15 thousand rubles per month, depending on the size of the property.
In order for a family to take part in this program, it must be proven that members of this family do not have the opportunity to purchase real estate or take out a mortgage on it. In addition, by starting to rent housing from the state, the tenant loses his place in the queue for improved housing conditions. In addition, the tenant has no right to either re-let or change the apartment. The creators intend to apply penalties to violators of the rules. Currently, the minimum hiring period is one year.
Social hiring mechanism
Firstly, the norms of social rental contracts are regulated by regional laws. The basics are set out in the Housing Code of the Russian Federation, but regional authorities can make amendments if they do not contradict federal requirements.
Social housing is housing that belongs to the state or municipality and is provided by them to citizens under an indefinite social tenancy agreement.
In order to receive social square meters, you need to meet the requirements, be able to document your rights to improve your living conditions and be patient.
In Moscow, only low-income people have the right to apply for social housing, and in St. Petersburg, also large families with three or more children, veterans of the Great Patriotic War or military operations, disabled people, Heroes of the Soviet Union, rehabilitated native Leningraders who lost their housing in the city during time of repression.
Applicants for housing under social rent conditions need to collect the following documents:
Application according to the established template (the document is published on the website of the Department of Housing Policy and Housing Fund of Moscow);
Passport of the applicant and his family members over 14 years of age and birth certificates of children;
TIN of each adult family member;
Documents defining the composition of the family (marriage certificates, birth certificates of children);
A single housing document for the apartment where the applicant lives;
Documents confirming the types and amount of total family income (primarily, 2-NDFL certificates, as well as work books; the full list of income documents contains more than 20 items and covers all possible sources of income from scholarships to income from shares);
Documents confirming the ownership of family members of property subject to taxation, except for premises suitable for living (ownership rights to a land plot, dacha, garage, vehicle, etc.).
Low-income citizens of the Russian Federation who have lived in Moscow for a total of at least 10 years and have not worsened their living conditions over the past 5 years are registered in Moscow as those in need of social housing. Samples of documents required for registration are posted on the website of the Department of Housing Policy and Housing Fund of Moscow.
The main conditions for a family to be recognized as in need of housing are one of the following situations:
1. The living area for each family member is less than the accounting norm (in Moscow the norm is 10 square meters per person in a separate apartment and 15 square meters in a communal apartment; in St. Petersburg - 9 square meters);
It should be taken into account that when finding the area, the area of the housing owned by each of the persons listed in the application for registration is added.
2. The family lives in dilapidated housing that cannot be repaired;
3. A tenant who is seriously ill and chronically lives in a communal apartment;
4. The house lacks at least one of the vital amenities (electricity, water supply, sewerage, heating, bath or shower, gas or electric stove, hot water supply or gas water heater);
5. Family members have housing, are not its owners, but have the right to reside in Moscow and can prove this;
Standards for housing area under a social tenancy agreement
The size of housing provided under a social rental agreement varies depending on the region.
In Moscow, the norm for a family is:
For one person - a one-room apartment with an area of up to 36 square meters. meters;
For 2 people - spouses - a one-room apartment with an area of 36 to 44 sq. m. meters;
For 2 people who are not spouses - a two-room apartment with an area of 36 to 50 sq. meters;
For 3 people - a two-room apartment with an area of 54 to 62 sq. m. meters;
For 3 people, including no spouses, a three-room apartment with an area of 54 to 74 sq. m. meters;
For four or more people - 18 sq.m. meters per person.
Citizens with certain diseases have the right to be provided with additional space when providing housing.
Responsibilities and rights of residents of social rental apartments
Social housing cannot be sold, donated or inherited. The tenant must pay rent and utilities on time. If a tenant wants to make a redevelopment, then it will need to be agreed upon with the owner - the city.
In order to obtain registration in an apartment occupied on social rent, it is necessary to obtain the consent of the city. The municipality has the right to refuse registration if there are less than 10 square meters per person. meters - this is considered a deterioration in the living conditions of the remaining residents. But the employer can register minor children.
The proposed scheme for the social housing rental process is not the most affordable route to the desired square meters. It can be expected that the new bills will make social housing more accessible and the process of collecting documents easier.
According to the law, renting a non-privatized apartment in its legal meaning is impossible, so only the owner can rent out housing (a sublease agreement is also possible, but the tenant has rights that are different from the rights of the tenant under a social tenancy agreement).
Is it possible to rent out a non-privatized apartment?
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- Consent for subletting has been received from the lessor. This document must be prepared in writing.
- Consent has been obtained from the tenant's family members with whom he lives in the same area. Consent must also be recorded on paper.
- There should not be less than the accounting norm for living space per resident, that is, if a family of four lives on an area of 40 m2, they can no longer enter into a sublease agreement, since even if there are four residents, the norm is not met.
It will also not be possible to conclude a sublease agreement, if the subtenant suffers from a severe form of any chronic disease, the list of which is enshrined in the law.
The process of concluding a sublease agreement
If the consent of the owner of the property and household members of the tenant of the apartment is obtained, you can enter into a sublease agreement. A simple written form is enough for it to be considered valid. When concluding it, you can contact lawyers who will draw up the text of the agreement for you and give the necessary explanations.
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A copy of the agreement must be handed over to the lessor. It is very important that the sublease agreement specifies the persons who will live with the subtenant. The period for which the contract is concluded may not be specified; in this case, the contract is valid for one year.
Now no one will have a question: is it possible to sublet a non-privatized apartment? Of course, from the point of view of the law, such a right exists, but in practice it is almost impossible to realize it, since very few families can boast of living in such an apartment, where for each person there is more than the accounting norm for the provision of housing.
Renting a non-privatized apartment is impossible, since this is the prerogative of the owner, and not the tenant of the premises. Thus, we conclude that if a family wants to earn income from renting out housing to other individuals, it is better to privatize the apartment, this will get rid of unnecessary restrictions established when subletting non-privatized housing.
According to the social rental agreement, a municipal apartment, although it is the property of the district administration, is transferred to citizens for personal use based on the terms of the signed agreement. The legislation provides for the right of the tenant to move other citizens into social housing or rent it out, taking into account a number of rules regulated in the articles of the Housing Code of the Russian Federation. These rules can be found in detail in articles 76-79.
Before renting out an apartment, you should take care of collecting documents, you will need: an application to the balance holder, signed by all persons registered in the housing, a sublease agreement.
How to rent out a municipal apartment
First of all, in order to rent out a social apartment to third parties, you need to write a written application addressed to the owner. In the case of municipal property, the owner of the housing is the district administration, which must be notified of your desire to move strangers into the apartment who are not registered on its territory or to sublet it.
Since there is no strict form for submitting an application on this issue to a municipal organization, you can write it in free form.
In order to obtain permission to rent out a social apartment, a good reason is required, since housing of this kind is given to low-income people who live in antisocial conditions or do not have their own “corner” at all.
For example, a valid reason may be leaving on a business trip to another city or country for a long period of time or leaving for personal reasons for a period of at least one month. In the application, indicate the passport details of all persons who will live on your territory, as well as the period of residence or rental of the apartment and the reason why you are forced to take such a step.
But before submitting the application for consideration to the responsible person of the balance holder, make sure that all persons registered in this apartment sign it. If one of them is away and cannot sign this document, it is necessary to obtain from him a notarized agreement to move third citizens into the housing or obtain a notarized power of attorney in his name, giving the right to dispose of this premises on behalf of the registered tenant.
After permission has been received, it’s time to start writing a sublease agreement for the premises. It must take into account all the conditions for providing an apartment for temporary rental: terms, payment and other additional items. It is better to foresee what liability the parties will bear in the event of damage to property, as well as in case of early termination of the contract. In the event that these situations are not specified in the clauses of the agreement, any conflict issues will be resolved in court, and the court will be guided in its decision by the 35th chapter of the Civil Code of the Russian Federation.
The agreement is drawn up in two copies, one is received by the tenants, the second is kept for yourself. You must make two photocopies of your copy. The first one should be submitted to the district tax office so that the state can charge you income tax, which, according to the law, is levied on any income of individuals. Take the second one to the housing maintenance department.
