In modern legislative norms, there is only one form of contractual relationship in which the tenant of a dwelling is an individual, and that is a lease agreement. The law separates two types of such agreements. In the first case, the landlord is the state or the municipality, in the second - an individual or legal entity renting out premises, including in private housing stock.
Existing types of employment contracts
In the event that a state or a municipality acts as a landlord, providing citizens with dwellings for rent in a social housing stock, a social rental agreement is concluded. The basis for the conclusion of such an agreement with the employer is the decision of the authorized state authorities and the CHI. When the landlord is a legal entity or an individual, a commercial lease contract is concluded. These two types of employment contracts have significant differences between themselves.
Differences between employment contracts
Legal relations under a contract for commercial lease of residential premises are governed by Articles 671 and 672 of the Civil Code of the Russian Federation, under a social employment contract - by Article 60 of the Housing Code of the Russian Federation. The main difference between these two types of employment contract is targeting. Residential premises under a social lease agreement are provided for use to the tenant and his family members in accordance with the approved standards on a reimbursable basis with the right to further privatization - transfer to ownership. The rent is limited. In the case of commercial rent, we are talking about the provision of temporary housing for a fee, the rent for commercial rent is not limited.
Social rent can be carried out only in state and municipal housing stock, and commercial rent in any type of housing stock, including private ones. To conclude this contract, no confirmation is required from the tenant that he needs to improve his living conditions. To obtain housing under a social tenancy agreement, it is necessary to fulfill many administrative conditions and requirements: registration in the order of priority, confirmed need, obtaining a warrant. At the same time, the living area of the premises provided is standardized, and in case of commercial lease, it is determined only by agreement of the parties and is rented out without any restrictions on the number of square meters.
In addition, a social employment contract does not have a validity period; for a commercial employment contract, this is one of the essential conditions. A commercial lease agreement in terms of validity can be short-term, if it is concluded for a period of less than 1 year, and long-term, when this period is from 1 to 5 years. It is allowed not to indicate the duration of a commercial employment contract if it relates to some condition or event, for example, it can be concluded for the duration of an employment contract or contract. The concept of family members of the employer in social employment is retained, in the case of commercial employment - we are talking about the employer and citizens permanently residing with him.
