Is it possible to move tenants into state-owned property? To do this, the employer needs to obtain written consent owner (municipal) and other residents.
The premises can be rented out when tenants leave temporarily, or only part of the living space can be rented out. The subtenant does not receive the right to independently dispose of it and responsibility for his condition remains with the employer.
Tenants who rent out housing are deprived of the right to subsidize utility bills.
It is prohibited to rent out housing if a person already lives there or moves in sick, which make living together with him in the same apartment impossible.
The list of relevant conditions is established by the authorized authority.
Subletting is not possible when lack of consent all residents and permission from the municipality.
After subtenants move in, each tenant must have not less than the accounting norm of the area established by law. This norm cannot be less than 10 sq.m. per person in a regular apartment and 15 sq.m. - in the communal one.
Regulatory documents
Is it possible to rent out a municipal apartment (room)? The possibility of subletting has been established. This issue is regulated by Art. 76-79 Housing Code of the Russian Federation and Art. 685 of the Civil Code of the Russian Federation.
Scroll diseases, preventing the conclusion of the contract is stipulated in.
Procedure
To sublet the space, you must obtain the written consent of the owner, who is local government.
To do this, an application in a standard form is sent to the head of the structure with a request to allow the delivery.
This application must be signed all family members the landlord included in the contract and the moving-in subtenants.
The future tenant receives the consent of the authorized bodies or a refusal within 10 days. The application must be accompanied by:
- documents proving the identity of those living in the premises at a given period of time and future residents;
- an extract from the house register;
- copy of the invoice;
- original social tenancy agreement.
In case of free rental, the consent of the municipality and residents can be oral. In this case, an agreement is signed on the free use of the premises by the subtenant.
Renting housing without the consent of the municipality or each resident is administrative offense and entails a fine. The municipality has the right to demand termination of the sublease and has the right to refuse the tenant to re-register the lease agreement.
You can find out whether it is possible to take or, as well as what it should include, from our articles.
Conclusion of an agreement
The contract is concluded in writing in at least two copies for each party. Validity period the agreement is negotiated by the parties and cannot exceed the rental period. In cases where the sublease period is not specified in the contract, by default it is equal to one year.
When signing papers, the subtenant should pay attention that the lessor has the following documents:
Form of agreement on rental (sublease) of residential premises necessarily includes the following points:
- passport details of the parties to the transaction;
- description of the subject of the contract (area, number of rooms, address of the property for rent);
- rights, obligations of the parties;
- the period of validity of the agreement;
- procedure and amount of payments;
- liability of the parties;
- other conditions.
The original social tenancy agreement is attached to the document.
Contract is terminated:
- by agreement of the parties;
- in case of violation by the subtenant of the terms of the agreement provided for in Art. 79 Housing Code of the Russian Federation.
Contract not subject to registration at the notary. If subtenants refuse to leave the apartment, they are evicted through the courts.
Municipal apartments are rented cheaper than private ones, which makes them in demand. You can learn about social tenancy agreements from our other article.
When renting such housing there are many risks Therefore, when concluding this type of agreement, both parties must carefully consider the documents provided. Rental property is desirable insure.
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If you decide to rent out an apartment, remain on good terms with neighbors, without claims 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.
Utilities
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 question. 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.
So, you have decided to rent out your apartment. You want to avoid disagreements with neighbors, problems with utility services and build relationships with your employer as transparently as possible.
Let us say right away that this article is dedicated specifically to renting out an apartment. If you are interested in delivery or a separate one, we suggest you read the relevant articles.
What types of apartments are there?
When considering the issue of renting an apartment, we consider it necessary to divide the apartments into
- privatized and
- non-privatized (municipal).
Features of renting a privatized apartment
Here we will talk about renting out an apartment that is your property.
The right of a citizen to dispose of his property is enshrined in legislation ( clause 2 art. 35 of the Constitution of the Russian Federation, paragraph 2 of Art. 209 Civil Code of the Russian Federation). Therefore, only you can decide to whom, on what terms and for what fee to rent out your own apartment.
This also applies to all other owners. Therefore, we draw your attention to the fact that if you are not the sole owner of the apartment, then to conclude an agreement you will need consent of the remaining owners apartments. In this case, we can offer you the following options:
- Design power of attorney to one of the owners that the others trust him to conclude a rental agreement, in which case one of the owners will act as the lessor under the agreement;
- In the contract, indicate all owners as lessors.
No other approval is required except with the remaining owners.
Features of renting a municipal apartment
Non-privatized (municipal) apartment is not your property. But according to pp. 2 clause 1 art. 67 Housing Code of the Russian Federation, you have the right to rent out your residential premises in subhire. However, according to Clause 1 of Article 685 of the Civil Code of the Russian Federation You can rent out residential premises under a sublease agreement only with the consent of the lessor, so you still have to go through an additional approval stage.
The lessor of a non-privatized apartment may be different: prefecture, municipality or other authority . You can find the answer to the question of who your employer is in rental agreement, on the basis of which you yourself live in the apartment.
The landlord should submit a written request for permission to enter into sublease agreements. This application must also contain the consent of all members of your family living with you.
If a positive response is received (and such a response must also be provided in writing), a sublease agreement can be concluded.
Notification to the curious
Relationships with neighbors
From a legal point of view, what you do with the provided or, especially, your own apartment does not concern your neighbors. Of course, if your tenants do not cause inconvenience to their neighbors by violating their legal rights. Everything related to liability for violating public order, we advise include in the contract.
If the tenants are decent, don’t litter and don’t disturb anyone’s peace, then you don’t have to give any explanations about who currently lives in your apartment, what they do, etc. Of course, it all depends on your relationship with your neighbors. You can also ask them to first “keep an eye” on the apartment: are there any noisy parties being held there, etc.
In no case do we advocate spying on residents, recording their every move; that would be unethical. If you don’t trust the employer that much, it’s better to refuse the deal altogether and look for a person who is more reliable, from your point of view.
HOAs and cooperatives
Who else might be interested in your rental business? Currently, both apartment owners and municipal housing tenants interact quite closely with homeowners' associations and cooperatives.
Usually, the relationship between an adequate resident and the responsible representative of the HOA/cooperative develops normally. But as in the case of neighbors, You are not required to provide any information about your employers.
The only exception: if the cost of any utilities you are calculated based on the number of people living in the apartment, you must indicate the number of your tenants. But you have no obligation to provide their information.
Moreover, let's not forget about Federal Law of the Russian Federation of July 27, 2006 No. 152-FZ “About personal data“, from which we can conclude that you do not have the right to provide anyone with information about your employers.
If you maintain a trusting relationship with your HOA/cooperative, we can advise you to notify them that you are renting an apartment, leave a contact phone number and ask them to contact you immediately in case of any conflict situations.
We rent out an apartment “without giblets”
It is unlikely that you will rent out an apartment that has absolutely no furniture, plumbing, lighting or other property. As a rule, any apartment has at least a minimum set of items necessary for everyday life.
How to secure property left “to be torn to pieces” by the employer? In the article talking about, we have already touched on this issue. But if you are reading this article, we hope that you have finally decided to formalize the rental of an apartment properly and conclude an agreement. Therefore, let’s say a few more words about the property in the rental apartment.
How can you add an attachment to a rental agreement? acceptance certificate all property contained in it. In this document, all property should be listed, if possible so that it can be easily identified: which TV, cabinet, etc. If the property already has some damage, then this fact is also reflected in the act - but this, most likely, will already be a requirement of your employer.
Utilities in a rented apartment
We have already drawn your attention to the fact that if the cost of any utilities depends on the number of people living in the apartment, then it is necessary to notify the organization that calculates these utility payments. This could be either a homeowners association/cooperative, or the company itself providing the services.
As for public services in general, in accordance with Art. 678 Civil Code of the Russian Federation, the tenant (that is, your tenant) is obliged to pay for them. In the contract, this obligation can be assigned to you as well - it all depends on the agreements reached. However, we draw your attention to the fact that even if the obligation to pay for utilities is assigned to the tenant, claims due to non-payment will be brought against you, because under an agreement with the company providing the services, you continue to bear obligations.
Controlling the situation
As we said, informally you can ask neighbors or an HOA/co-op representative to keep an eye on the new tenants and let you know if there are problems. But it’s always safer to take care of your property yourself. Note that the tenant officially residing in the apartment acquires the right to the inviolability of the home. This right is guaranteed to all of us by the Constitution and the Housing Code. Therefore, if you simply come without asking, especially in the absence of the employer, he most likely “will not be happy.”
What to do, how to visit your apartment without violating anyone’s interests?
You can agree in advance with the employer on the time and frequency of such checks, and record this in the contract. For example, monthly while receiving rent.
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.
Renting out an apartment can bring in good income. But not everyone knows how to rent out a municipal apartment. Meanwhile, this process, unlike renting out a privately owned apartment, has its own characteristics that you need to know about.
What needs to be done in order to rent out a municipal apartment in accordance with the law
If you don’t just want to rent out a municipal apartment, but want everything to be done in full compliance with Russian legislation, then you will have to collect certain documents. It is possible to rent out a municipal apartment only with the consent of its owner, that is, the local municipality. Therefore, the first thing you will need to do is contact the administration of your area, namely the property management department. The application that you leave there must be signed by all residents registered in the municipal apartment, and not just the responsible tenant. In addition, the signatures of future tenants must also appear here.
In accordance with the law, you must receive a response to your application within 10 working days. This can be either consent or refusal, but in the latter case it must be sufficiently motivated. The reason for refusal could be, for example, a discrepancy between the footage of your municipal apartment and the number of future tenants who are going to live in it. It's all about the notorious sanitary standard, which no one has yet canceled. Another lie is if one of the residents registered in the apartment suffers from some serious and contagious disease, for example, open tuberculosis. This is also a completely sufficient reason for refusal.
How to rent out a municipal apartment - draw up an agreement
If you want to rent out a municipal apartment and prepare all the documents correctly, then you cannot do without drawing up an agreement. Its contents exactly correspond to the lease agreement that is drawn up for an ordinary privatized apartment, but it will be called differently - a sublease agreement. After all, the owners of the apartment themselves rent it from the state. In the same way, one of the most important conditions is the subject of the contract and its price. In other words, you will need to provide a detailed description of your municipal apartment - its address, square footage, number of rooms, cadastral number, etc., and you will also need to indicate the amount of rent and the terms of its payment. Remember that, in accordance with the laws of the Russian Federation, all amounts indicated in the apartment rental agreement must be expressed exclusively in rubles, although they may be tied to some currency equivalent. Samples of an apartment rental agreement can easily be found on the Internet, or you can resort to the services of specialists for this. You also need to indicate the period for which you intend to rent out the municipal apartment - if this is not done, the contract will be considered concluded for 12 months. In accordance with Article 674 of the Civil Code of the Russian Federation, if we are talking about a municipal apartment, there is no need to have the contract certified by a notary. But it is also necessary to register such an agreement. True, not in the bodies of Rosreestr, but in your housing office or housing department.
If you rent out a municipal apartment bypassing the official authorities, you may face not only penalties from the tax authorities, but also from the local administration, which may, through the court, demand your eviction from the apartment.
How to rent a municipal apartment
What do potential council apartment tenants need to know? First of all, renting such an apartment requires the consent of all those who are registered in it and, accordingly, have the right to live in it. If there is no such consent, then you may encounter the fact that one of the tenants will subsequently demand your eviction. However, if the owners of the apartment have the consent of the municipality in hand, then this option is practically excluded - after all, as we remember, to obtain such consent the signatures of all residents registered in the apartment are required.