Service rental agreement for residential premises - what do you need to know? Service rental agreement for residential premises - sample

The petition is considered by the housing commission. Based on the decision, a warrant is issued. As a rule, it is valid for a month.

The received warrant gives the right to sign an agreement on the rental of office space with the administration of the enterprise (the lessor).

How to find out the cadastral value of an apartment by address, you will learn from the article at the link.

Privatization procedure

It is almost impossible to obtain official housing in Russia, that is, it is practically impossible - this is clearly stated in the fourth article of the Housing Code “On the privatization of the housing stock” (part one). But the same article in its second part allows the landlord to transfer ownership at his own discretion.

A positive decision from the homeowner is perhaps the only opportunity for an employee privatize residential premises.

The employee submits a corresponding request, made in writing, to the administration of the enterprise. The law allows no more than two months to consider the request. A prerequisite is ten years of work experience at this enterprise or institution. If the decision is positive, an agreement on transfer of ownership is concluded.

The easiest way is to give housing the status of municipal (carried out at the request of the management of the enterprise). After this, social hiring can be carried out, and then privatization. But even in this case, the employee will entirely depend on the goodwill of the employer, who is not at all obliged to change the status of housing.

Experts recommend periodically monitoring the status of the apartment and not rushing too much with its privatization. Sometimes housing is transferred to the municipal fund due to circumstances beyond the control of employees, which allows privatization to be carried out without hassle and unnecessary worries.

Many people who do not have their own housing occupy houses or apartments on a rental basis. These are mainly municipal premises. Sometimes a person moves into an apartment or home that belongs to a legal entity: an enterprise, institution, organization. Service housing is classified as a separate category of premises. Accordingly, living and its use has its own distinctive characteristics.

The procedure for providing official residential premises is regulated by the norms of the Housing Code of the Russian Federation.

Service housing belongs to a specialized fund and has a special status. Therefore, its provision is subject to certain conditions. The main purpose of a service apartment or home ownership is to provide a person with housing in connection with the performance of his duties in his position. In this case we are talking about working in budgetary structures. In this case, the specifics of human activity do not matter. The main condition is to work in a government agency. Not only those appointed to positions in the order of admission, but also those admitted to the organization as a result of the election campaign can live in official residential premises.

Persons eligible to receive

The following have the right to official housing:

1. Specialists from medical and educational institutions.
2. Employees of customs, judicial and tax structures.
3. Employees of the housing and communal services sector.
4. Officials of emergency organizations.
5. Law enforcement officials.
6. Specialists of budgetary structures.
7. Contract military personnel.

The specifics of the activities of these categories may be associated with moving to another region or locality, which makes it difficult to return daily to the main place of registration. For the provision of official housing, it does not matter whether the employee owns real estate. If a person moves to another city, then he and his family members will be provided with an apartment or homeownership.

Officials

This category includes those who hold certain positions in government agencies. This includes judges, prosecutors, inspectors, police, tax authorities, customs and the Ministry of Emergency Situations. The activities of such specialists may be associated with frequent moves and, as a result, with an unforeseen change in the place of actual residence. The specificity of the professional activities of these persons is that they can be sent to perform the duties of their position in any region. However, consent for relocation is not required. For this reason, the provision of official housing is provided as a guarantee.

Military personnel

Persons performing military service duties are given a special status. Due to the nature of their professional activities, they are provided with a number of guarantees. This includes the provision of living space. In this case, the premises are provided not only to the serviceman himself, but also to family members living with him. A guarantee of this nature is provided for the reason that after concluding a contract, a person can be sent to any region of the country. However, consent is not required to determine the place of service. Therefore, the person and the family members living with him are provided with housing.

Workers and specialists

Persons entitled to be provided with office housing include employees and specialists of budgetary structures. In this case we are talking about employees of local municipal institutions and authorities. Such categories are given the status of civil servants. In this regard, they have a number of specific rights, including housing at the expense of the regional administration fund.

Conclusion of an agreement

A contract for the rental of office premises is concluded for the entire period of a person’s professional activity in a government structure.

The basis for cancellation of such an agreement is the termination of working cooperation with the specialist. In accordance with the terms of an agreement of this nature, a government organization, enterprise or institution provides its employee with living quarters. The latter undertakes to use the apartment or household for its intended purpose and pay for the provided utilities. The decision to conclude an agreement is made by the owner of the housing stock. In this case, it is a budget organization. Most authorities have developed standard models of such agreements. A technical passport for the premises must be attached to the contract.

Basic conditions

Renting official housing, like any other housing, requires the inclusion of a number of mandatory conditions and details in the contract.

In particular, the text of the document must contain the following information:

1. Date, number and place of signing the contract.
2. Information about the organization providing housing - full name, location address. Information about the head of the institution or another official authorized to sign the agreement and a document confirming such right are also indicated.
3. Information about the employee - last name, first name, patronymic in full, passport details. The position held is indicated.
4. Subject of the agreement. In this case, it will be a living space. Here you can describe in detail the apartment or household provided - address, area.
5. Rights and obligations of the organization. This section specifies the owner's ability to control a person's use of the provided housing. The duty is to ensure that the premises are in proper condition, provide necessary utilities, and participate in repair work.
6. Rights and obligations of a responsible tenant. This includes the person’s ability to live in the provided apartment or household, as well as to use all available amenities. Responsibilities include compliance with sanitary standards and timely payment of utility bills.
7. Conditions for cancellation of the contract. These include termination of professional activities in the organization, violation of sanitary and housing standards. It is necessary to indicate the person’s right to terminate the contract early.
8. Payment procedure.
9. Validity. In practice, this period is equal to the time a person works in the organization.
10. The procedure for making changes and additions.
11. Details of the parties.

The agreement is signed by a person and a representative of the organization. In this case, signatures are placed on each page of the document to avoid possible falsification. It must also bear the seal of the institution.

Restrictions on use

Service housing, unlike municipal housing, has a certain status. For this reason, certain restrictions apply to such premises. In this case, the tenant cannot provide part of the housing to other persons on the basis of an additional agreement. Such an agreement will be considered fictitious, and the tenant himself risks being evicted from the occupied premises.

Service housing cannot be exchanged for another. An example of an exception would be the unfitness of the property for habitation. In this case, the tenant can contact the owner with a demand to eliminate the deficiencies. If the premises cannot be repaired, or during the repair process it is impossible to use the housing for its intended purpose, the person may be provided with another apartment or household.

Contract form

By law, a tenancy agreement is concluded in writing. Each party has its own copy. They must be identical in content. For registration, you can use regular office paper. Although in practice, most companies have developed standard samples in the form of printed forms. The text of the agreement is most often drawn up using technical means of printing. At the same time, the law does not prohibit filling out a ready-made form by hand. In this case, all records must be legible. You cannot make corrections or cross out errors in the text of the document. If an inaccuracy was made when drawing up the contract, then it is necessary to draw up an additional agreement on amendments. The use of profanity, words and phrases that degrade human dignity is not permitted.

Validity

The rental agreement for residential premises, including office premises, is limited in duration. Since such apartments or households are provided to a person for the period of his professional activity in a government agency, the agreement itself will be valid only for the specified time. That is, the duration of the agreement in this case is equal to the term of the employment contract concluded with the employee.

It should be noted that the grounds for termination of professional cooperation do not play a role in this case. This may be dismissal at will, due to circumstances independent of the intentions of the parties, as well as violation of official duties.

Grounds for termination

The law provides for various reasons for terminating contractual relations relating to living in a service apartment or home ownership. They are specified in articles 101 and 102 of the Housing Code of the Russian Federation.

One of them is mutual consent of the parties. In this case, the parties agree to cancel the contract. Regulatory legal acts do not provide reasons for such a decision. That is, in such situations, the parties are not required to coordinate their actions with third parties. Most often, the reason for this is dissatisfaction on someone's part. To avoid possible problems and resolve the issue as soon as possible, the parties come to a mutual agreement.

The cancellation procedure can be initiated by the person himself. Most often this is due to dismissal for personal reasons or moving to a new place of residence.

Contractual relations can be terminated at the initiative of the owner. This happens mainly in cases where residents do not comply with the terms of the concluded agreement. In such situations, the initiator must file a claim with the court.

The agreement may be terminated in the event of loss of the premises, for example, its destruction or transfer into the ownership of another organization. An exception to the latter case will be the situation when housing is transferred to an institution that is a party to professional cooperation.

Eviction from service housing

In the event of termination of the concluded contract for the rental of a service apartment, the tenant and the persons living with him will have to vacate the premises. Otherwise, eviction will be carried out forcibly by court decision, without the provision of another apartment or home ownership.

Article 103 of the Housing Code of the Russian Federation specifies categories of persons who cannot be evicted from the premises without providing other housing.

These include:

1. Family members of a person performing duties in military service, a police officer, federal security and customs authorities, emergency structures, the penal system, who have passed away or gone missing in the process of performing duties in their position.
2. Persons who retired due to old age.
3. Family members of a person who was allocated official housing but passed away.
4. Disabled people classified as the first and second disability groups, provided that the cause of injury or illness was the performance of duties in their position.

These persons may not be tenants or family members under the contract, but must be registered as in need of housing. Another premises must be provided within the same locality as the previous one. The responsibility for providing housing in this case rests with the owner who initiated the eviction of the tenant.

Also, orphans or those left without parents, as well as those classified in such categories, cannot be evicted without providing other housing. In this case, the premises must be provided within the locality in which the person was previously given a service apartment or home ownership.

Service rental agreement for residential premises is a special type of relationship, the distinctive feature of which is the allocation of residential real estate from a special purpose fund. What requirements must be met, how to conclude an agreement, what features should be taken into account? Let's try to figure it out.

What is service hire

The Housing Code has a special category. We are talking about hiring specialized housing. This includes, for example, social housing premises. purpose, living space from flexible stock, service housing. In the latter case, residential premises are provided to those who are employed in certain positions and carry out certain types of activities. At the same time, the guidance for such actions is determined by the decision of federal authorities, federal subjects and municipalities. I would like to note that, despite the decision made by the above official bodies to allocate premises from a specialized reserve, it is impossible to do without formalizing the transaction. So, as soon as you receive a decision, you need to go to the owner to conclude a deal on hiring office housing.

As mentioned above, official housing is allocated to employees (workers) and their relatives for the period of carrying out a certain type of work activity. After the termination of the employment relationship, the agreement terminates, and the former employee and his relatives are not provided with other housing.

But there are some exceptions regarding situations where there are special reasons for extending the agreement or re-signing it.

The office premises are transferred to the tenant in accordance with Government Decree No. 42 dated January 26, 2006. It offers a sample of a standard rental agreement for such premises. But the sample proposed in this resolution is only advisory in nature; its provisions can be used as a guide when drawing up a specific document on the rental of official housing.

In reality, the parties have an excellent opportunity to include additional clauses that do not contradict the legislation in force at the time of the conclusion.

What features should be taken into account when making a transaction?

In any legal relationship related to the rental of housing, including official housing, one of the parties will be the landlord, acting personally or through the person specified in the power of attorney. The other party to the transaction is the employer (employee, worker, employee).

When registering the rental of housing related to official use, the role of the lessor is assigned to the state or municipality. This means that the agreement will be concluded with one of the bodies of the federation or municipal entity that is authorized to represent it.

But in order to sign documents confirming the right to use a certain property, you need to present the owner’s decision, which was already mentioned above. It will serve as a prerequisite for strengthening relations with the citizen.

So, for example, if we consider the situation with military personnel who need housing during their service in a particular locality from the housing reserves of the federation, then the authorized body for making a decision on recognition of the right to a service apartment and its provision will be the Ministry of Defense.

Subject of the transaction

Special attention is always paid to the subject matter of the transaction being concluded. In our case, this is the housing transferred for use to the tenant - with a precise description of the features of the premises, including the number of rooms, square footage and address.

Article 104 of the Housing Code of the Russian Federation regulates that only an entire apartment can be considered housing for official purposes, but not part of an apartment or a room in it, as well as a residential building.

And that’s not all, the law stipulates that the housing transferred to the employee must comply with the standards prescribed in Article 15 of the Housing Code. This article provides for mandatory compliance of the transferred square meters with technical, sanitary-epidemiological and other norms and standards mandatory in our country.

The owner of a dwelling transferred for use to an employee must also take into account the requirement for the convenience of the premises. However, there is a reservation here that the degree of livability of housing should be judged based on the specific characteristics of the region and the locality in which service housing is allocated. More precisely, if most of its territory lacks, for example, water supply or sewerage, then their presence in the provided residential premises is not a prerequisite.

When the relevant authorities make a decision and then draw up an agreement, it necessarily reflects the reason that is the basis for providing the employee with special (official) housing. This is a specific work activity. This could be service in the armed forces and law enforcement agencies, service in municipal and government agencies, etc.

When concluding a rental agreement for housing classified as official with a particular employee, those who have the full right to live with the employee must also be indicated. These are his relatives: spouse, children and parents, incompetent or partially capable citizens and other citizens equated by a court decision to relatives.
An important point of such an agreement is the period of its validity. Options are possible here: the exact period of validity of the document is stipulated, the housing will be transferred for the full period of service (performance of work) or for the duration of the citizen’s stay in a certain position.

What actions of the parties to the transaction are permissible?

A mandatory component of any transaction is a written confirmation of the permissible actions of the parties (their rights and obligations). Renting premises while carrying out work activities is no exception. The Housing Code establishes the main range of responsibilities and the most significant rights.

What does the owner of square meters owe?

The owner of the office premises is obliged to transfer the residential premises, while the said real estate must be completely free from any rights of other citizens to it. The dwelling must meet safety requirements and be equipped with communications (to the extent that is normal for a particular region of the country). The landlord is also required to carry out major repairs in residential premises and take active part in activities aimed at cleaning and beautifying the surrounding area and general property.

The owner is also responsible for ensuring the tenant’s access to public services, which must be of adequate quality, and in the event of destruction of the building or deterioration of its condition to a level that threatens the life and health of citizens, or major repairs at the site, he must offer the tenant other housing, meeting established standards.

The legislator establishes a number of cases when a tenant does not lose the right to receive real estate even after the termination of his employment relationship with the owner of the living space. In this situation, the former employer must provide him with living space.

List of rights of the owner of the property

In addition to the listed responsibilities, the owner also has certain rights, failure to comply with which by the tenant may result in a court ruling to evict him and his relatives. The owner has the right:

• demand from the tenant payment of rent and services provided to him;
• make demands on the resident regarding compliance by the latter and his relatives with the rules of the hostel specified in the agreement, etc.

What responsibilities are provided for the tenant?

When it comes to what a tenant should do, it is enough to read the rights of the owner of the square meters received. First of all, the tenant must pay the bills issued to him for utilities and use of the property; further - preserve the property and maintain it in good condition. He must also use the provided property for its intended purpose, without disturbing the peace of neighbors.

At the legislative level, the employee is required to carry out the necessary repair measures in the allocated premises, and if faults and other violations are detected, he must take appropriate measures to eliminate them, informing the owner about their presence.
In the event of major repairs in the building, as well as in the event of termination of the agreement, the tenant must vacate the apartment within the specified period. He should not take any actions that prevent the owner (lessor) from fulfilling his duties to monitor the safety and serviceability of the property - provided that such measures are carried out at the prescribed time.

Rights provided for the tenant

The tenant (employee) and his relatives have the right:

• use the property, including after a change of owner or after the termination of the document concluded between the employer and the employee, if this does not contradict the requirements of the law;
• for subsidies;
• for early termination of the agreement.

On early termination of the contract

A transaction related to the rental of office premises may be terminated in cases established by the Housing Code of the Russian Federation. Articles 83 and 101 of this law deal with cases that allow for the possibility of early termination of lease relations at the request of one of the parties to the transaction.

If the initiator is the tenant, then termination of the contract may occur when he changes his place of residence due to moving for reasons that may or may not be related to work.

When the initiator of termination of the agreement is the owner of the living space, it is necessary to obtain an appropriate decision from the judicial authority. This decision can be made for several reasons:

1. the tenant has been avoiding paying the established rent and utilities for six months;
2. the tenant or his relatives caused damage to the property entrusted to them;
3. the property is not used in accordance with its functionality and purpose;
4. the tenant violates the interests of citizens living in the neighborhood.

The owner may terminate cooperation if the home is unsuitable for further rental or if it is destroyed.

If events occur that entail termination of the agreement, the tenant will have to leave the apartment no later than 3 days, having completed the necessary documents with the owner or his representative.

If a tenant refuses to carry out routine repairs when there is an objective need, he will also need to reimburse the owner for the estimated cost of repairs. If the tenant refuses to voluntarily vacate the occupied square meters, the owner has the right to use violent methods of eviction against him without providing other housing.

The final provisions of the document also reflect the procedure for resolving emerging disputes. This provision is usually not described in detail, but a brief formulation is used stating that all controversial issues are resolved within the framework of the laws in force at the time of disagreement.

Reasons for refusing to conclude an agreement

Sometimes a property owner will refuse to enter into a written tenancy agreement. More often this happens when the person who owns the premises changes. This circumstance cannot seem to be a reason for terminating the relationship between the parties, but in fact, it is impossible not to take into account the peculiarities of a particular case.

If the change of owner did not interrupt the official relationship and the employee carries out his activities under the new owner, then he retains the right to continue the rental relationship. If the new owner refuses to formalize a transaction regarding business real estate, he must be forced to sign documents by going to court.

What to remember when drawing up an agreement

Only the owner can make decisions on classifying a property as a specialized property. This means that the allocated housing may sooner or later lose its status as official housing and in the future it will become possible to rent it on social rental terms.

And this type of rental relationship is characterized by greater freedom of action for the tenant, including the privatization of the property. The next advantage in this situation is the fact that the social agreement is concluded for an indefinite period. Moreover, it does not lose its legal status. force even after the death of the tenant, if he is not alone and relatives constantly lived with him in the apartment.

But even when we are talking about a specialized housing stock, in the event of termination of the employment contract, the tenant and his family members may try to retain the rights to the occupied property. For example, when:

1. the family is recognized as low-income;
2. family members are recognized as citizens who need housing and are put on a waiting list to receive square meters or have the right to be registered.

According to Part 13 of Law No. 189-FZ dated December 29, 2004, these citizens cannot be evicted without providing other housing if they were provided with official housing before the RF Housing Code came into force on March 1, 2005. The current Housing Code of the Russian Federation has significantly narrowed the circle of people who cannot be evicted from a service apartment without providing other housing (Article 103 of the Housing Code of the Russian Federation).

A social tenancy agreement does not deprive tenants of the opportunity to receive housing according to the established queue, despite the fact that they currently have a place of residence, but the occupied premises do not meet the standards for square footage per each family member.

The owner of a “special purpose” premises has the right to make decisions about its fate, including the possibility of privatization.

The possibility of making the previously mentioned decision depends on each individual situation, taking into account the financial situation of citizens, the tenant’s merits in professional activities, etc.

Children's rights

In the issues we are considering, special attention is paid to the rights of minors. According to the law, a tenant has the right to register his relatives and citizens equivalent to them, as well as children, including those born after signing the rental agreement, in the premises received at the place of work. In this case, the completed registration will be permanent and the permission of the property owner is not required; the tenant only needs to submit an application, and the child will receive a registration. Moreover, when registering a child’s real estate in an official property, the law does not determine the required degree of his relationship with the tenant.

Information for the military

When discussing the issue of allocating residential space to the military, you need to refer to Article 15 of the Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ. It states that upon arrival in a new locality, a serviceman and his relatives are required to provide square meters for living.

This rule must also be observed in cases where the specified family already has its own living space, but the military man was sent to temporary service in another city. Service real estate suitable for residence is given to the family of a military personnel for temporary residence.

But the above-mentioned legal act does not provide a precise definition of the term “housing suitable for temporary residence.” Therefore, it is difficult to determine the level of quality of housing that military personnel can expect. And if they come across unscrupulous owners of a specialized fund, then it is not possible to hold such owners accountable.

It is necessary to pay attention to such a way of formalizing relations with the military as a housing contract concluded directly with the military personnel. This type of agreement is mentioned in Decree of the Government of the Russian Federation No. 487 of 05/04/1999. The housing agreement involves the provision of residential premises to the military from various real estate funds, everything depends on the available resources. In the absence of official residential premises, a serviceman may be offered housing from a private fund, and then he will be compensated for rental costs in the amount established by the Government of the Russian Federation.

The nuances of drawing up a housing contract

The housing contract is drawn up in the form of a slightly modified employment agreement. Their similarity lies in a clearly regulated list of citizens who can apply for square meters. It is subject to standards for determining the area of ​​a home, as well as requirements for compliance with state standards.
It seems similar that this agreement is also concluded for a certain period equal to service in the RF Armed Forces.
The agreement is considered terminated when a military personnel is transferred to the reserve, when he is allocated a permanent home, and in other cases determined by law.
An agreement on the provision of living space is concluded with the commander of the military unit in which the soldier is serving.
Decree of the Government of the Russian Federation dated May 4, 1999 No. 487 proposes a standard form of a housing contract. By agreement of the parties, changes and additions may be made to it that do not contradict current legislation.

It happens that a person gets a job and therefore there is a need to move to another city, region, and so on.

In a new place, a person, of course, does not have housing, therefore, as a rule, the employer provides him with official housing, in connection with which an official rental agreement for residential premises is concluded.

Housing under this agreement is not provided forever, but only for as long as the person works in this organization.

Features of such an agreement

The first feature is that the housing that is given under such an agreement does not belong to the person, but to the body. Or to be more precise: a state or municipal body. In this regard, in order to generally ensure the possibility of concluding such an agreement, this body must express its written consent, which must be correctly documented in a special document. Otherwise, the contract cannot be concluded.

The contract must describe the apartment that is being rented. It's an apartment, not a room. Its area and living conditions must meet all necessary standards. The contract also states the reason why housing is allocated and who will be allowed to live in this apartment.

What should the parties to such an agreement do?

The owner of the housing must monitor the housing provided, repair it in a timely manner, and also improve the courtyard area. He is also responsible for the full supply of utilities to the rented apartment. If the employment contract has ended, and there are no legal obstacles to the tenant’s continued residence, the owner must continue to provide this housing to the person for rent. If, on the contrary, the resident wants to terminate the agreement earlier, the owner should not prevent this.

The person to whom the apartment is rented must, first of all, pay for it on time. And also, when living in it, do not disturb public order and adhere to certain rules. Otherwise, he may be evicted from this apartment. You also cannot spoil the things that are in the apartment; all property must be treated with care and attention.

If through his fault there is a need for repairs, then he must carry out it himself, at his own expense. By the way, there is one pleasant nuance. If the apartment that a person rents ceases to be official housing, then he has the right to raise the issue of privatizing it and becoming its owner. Especially if this person is recognized as low-income or is on the waiting list for housing, that is, he does not have his own housing, not only in this locality, but not at all!

Below is a standard form and a sample contract for the rental of residential premises, a version of which can be downloaded for free.