Why do we need a social employment contract? How to get a social contract? Conclusion of the contract of social renting of premises

The contract of social hiring of a dwelling premise is a document that gives the right to use the state or municipal property of a dwelling. The Housing Code regulates the rights of both the employer and the landlord who signed such an act.

How to get a social contract and for how long is it valid? Who can apply for state aid and who should I contact? These are frequently asked questions from people who do not have the opportunity to independently purchase or rent a living space. Poor families with minimal incomes and without a place of residence need to familiarize themselves with the possibilities of social assistance.

Housing in social employment

The apartment under the contract of social hiring is an opportunity to purchase a living space for own use on preferential terms. The rules and procedure for the transfer of such property are regulated by the law of the Russian Federation in Chapters seven and eight of the Housing Code.

Federal and local legislation defines citizens who have the right to purchase such housing. The receipt of a state dwelling takes place on a first-come first-serve basis. For this it is necessary to file documents and register.
The contract for the social hiring of a dwelling provides that after its conclusion it is possible to privatize an apartment on a general basis. This gives the tenant an opportunity to rent, donate, sell or exchange apartments or houses.

Who has the privileges for social housing

The opportunity to obtain public housing is available to needy citizens who need an apartment. The main conditions for receiving assistance from the state:

• Family members have not previously concluded a social employment agreement;
• If the citizens or their family members have a living space below the established rate;
• If citizens live in an apartment that does not meet the necessary requirements.

For a certain category of people, living space can be provided out of turn. Such groups of people include:

• Children who were left without parents;
• Seriously ill people with chronic disease;
• People who live in premises that are unsuitable for life.

Rights to receive an apartment from the state fund are of a special category, which are determined by special federal laws. These include:

• People with the first and second group of disabilities;
• Victims of the Chernobyl nuclear power plant accident;
• Veterans of the Great Patriotic War;
• Citizens who lost their living space during a disaster or a natural disaster;
• Military personnel who received serious injuries in the service.

The contract of social hiring: how to get and where to register

Based on the decision to transfer the living space to public rental, a contract is signed. You can sign and receive it in state authorities or in the municipality. It all depends on who provides social assistance. Such an agreement includes:

• Accurate landlord data and tenant data;
• Data of the transaction object;
• A complete list of tenants who will live;
• Rights and obligations of the parties that concluded the transaction;
• Terms of cancellation of the contract are stipulated;
• Signatures of both parties.

To conclude a contract, citizens need to file a certain package of documents. Required list of documents:

1. Copies of documents of the whole family: birth certificates, passports, marriage certificates and so on.
2. A certificate that confirms the authorization to issue an apartment.
3. If citizens live in an emergency room, then it is necessary to produce an act of demolishing the building or transferring it to a non-residential fund.
4. Help from the home book at the place of residence of all members of the family.
5. An extract from the bank about the financial condition.
6. Extract, which confirms the absence of residential property.

After providing the required package of documents, a receipt will be issued and a date will be fixed for the conclusion of the contract.

Features of the contract and types of living space

Accommodation accommodated under social employment contracts can not be a common room or a non-insulated apartment. The living area includes:

1. House or half of the house.
2. Apartment or half of the apartment.
3. A room in an apartment or house.

According to the document on hiring, the living space is transferred from the owner to another person for temporary use for a specified fee. In the transaction there are two sides:

1. The lender is the owner of the dwelling. If this is a public living space, then the owner is a municipal housing or public fund.
2. A tenant is an individual who will reside in an apartment or house and pay a certain fee for it.

In the contract of social hiring, the object of the transaction must be indicated. The agreement should state:

• Full housing data for social employment;
• Exact address, square footage and floor;
• A precise description of the premises and objects that are in it.

Termination of the transaction

The term of the contract of social hiring is not established and is perpetual according to the article of the sixtieth Housing Code of Russia. But there are situations when the lease contract is terminated lawfully. A resident who has rented a dwelling may at any time terminate the transaction and move to another place of residence. The owner can terminate the contract, guided by the circumstances:

1. If a resident uses the lease area for other purposes.
2. If there is a violation of the rules of residence and violation of the peace of the surrounding residents.
3. The contract of social hiring (under the Housing Code) provides for termination if the tenant does not pay for housing for six months.
4. Not paid for utilities for six months or more.
5. The termination of the contract is also in the event of the death of the tenant or if the living space becomes an emergency for the tenant.

Size of living space for poor people

The size of a dwelling is determined according to the article of the fiftieth (part one and two) of the Housing Code. The norms of social housing are established by local self-government bodies. For each tenant a living space with a corresponding area is provided according to the law. The size of the area depends on the number of people living:

• For one inhabitant is given 33 square meters;
• For two residents - 42 square meters;
• For three residents and more is provided for 18 square meters for each resident.

The square area of the room can be reduced by ten percent if there is no necessary living quarters.

Necessary payments

How to get a social contract and how much do you need to pay monthly? General rules exist for all tenants if the living space is in commercial employment, social rent or free use. Residents should pay for utilities in a timely manner, pay for maintenance or repair.

Commercial leases do not have preferential discounts for utility bills, and payment for housing is much higher than social hiring. If a contract was signed for uncompensated use, then during the payment of utility services, employers can take advantage of discounts and benefits. Tenants do not pay for the living quarters. The fee for hiring under a social employment contract provides for benefits and discounts for utilities and for housing.

Rights and obligations of the employer

Obligations and rights under the contract of social hiring are prescribed for both parties. The article of the sixty-seventh Housing Code of the Russian Federation regulates the rights and obligations for the tenant. Obligations of the tenant:

1. Use the living space solely for the purpose.
2. Keep the room and property in it intact.
3. Keep the apartment in proper shape.
4. If necessary, carry out repairs.
5. To pay in due time and in full the amount of money for renting a house.

Rights of the tenant:

1. Lease out.
2. Introduce in the apartment of persons not specified in the contract.
3. Require the lessor to fulfill the terms of the contract.
4. Allow temporary residence for others.
5. Make an exchange of housing.

Renter's rights and obligations

Article sixty-five of the RF LC regulates the rights and obligations of the owner. Duties:

1. Provide the tenant with a free space.
2. Qualitatively provide public services.
3. If necessary, make repairs.
4. Participate in the life of the house.

Rights of the owner of real estate:

1. To receive timely payment for a dwelling.
2. Require payment of utilities.
3. Claim compensation for damage to property or premises.

According to the transaction of social hiring, additional rights and duties may be indicated for the two parties.

Necessary steps to obtain an apartment

The contract of social hiring is made, how to get housing? There is a special algorithm for the actions that need to be taken to get housing under the contract of social hiring. Sequencing:

1. A needy resident to become a housing accountant.
2. Receiving a written decision to provide an apartment.
3. Collect the required package of documents.
4. Based on the contract to move into an apartment.

By law, such housing is provided to a resident in the same area in which he has a residence permit.

The contract of social hiring: how to get social housing in Moscow

The contract is the main document for renting a living space. An order is a document that only establishes the privileges to use. An order without a contract does not confirm the legal possession of the social premises.

The Moscow Department of Housing and Politics exercises the powers of the renter (only in Moscow). Since 1999 they have been signing a social contract with Muscovites. Without signing such a document, Muscovites will have problems with the Housing and operational control and with other state bodies. Without this document, a resident will not be considered a legal tenant.

In accordance with the law, the Moscow Department owes citizens who have warrants or other acts of use, to register and conclude a social housing transaction on behalf of the city of Moscow.

Eviction of residents from social housing apartments

To evict the tenant from a social apartment, you need to go to court. Eviction options:

1. Replacement of a dwelling with more comfortable living conditions. This situation arises if the house is subject to demolition, if it is necessary to move the living quarters into non-residential premises or if the house requires a complete reconstruction. In addition, if a dwelling is legally required to be given to a religious organization.
2. Resettlement to the hostel, if the size of the premises will meet the requirements of the law.
3. Eviction without housing. This situation can be, if the resident and his family use the apartment or house for other purposes, violating the legal rights of neighbors. Without providing other housing, parents who have lost their parental rights may be evicted.

There are no other options for eviction.