The current situation in the housing market is such that not everyone can afford to buy an apartment. Many still live in government-allocated apartments based on social tenancy agreements.
Today's housing law legislation provides a wide range of options for those tenants who own an apartment. What are the rights of those who live in an apartment under a social contract?
The legislative framework
The mechanism for providing housing on the basis of a social tenancy agreement is fixed in the current Housing Code of the Russian Federation, which, in turn, is contained in the code of laws of our country under number 188-FZ of December 29, 2004. Chapter 8 is devoted to issues related to social rental of residential premises in this regulation.
It, in particular, determines that two parties are involved in the implementation of a social employment contract. The first of them is the owner of the housing, in whose person the state or the municipality can act, depending on the belonging of the apartment, respectively, to the state or municipal housing stock. The second party to such an agreement is the person himself or persons living in the apartment on its basis.
Rights of Citizens on the Basis of a Social Employment Agreement
The main right that a citizen or citizens who have signed a social tenancy agreement acquires is the right to use a dwelling. Simultaneously with the acquisition of this right at the time of signing the contract, the tenant also receives the right to use the common property of an apartment building, including entrances, staircases and other elements. At the same time, paragraph 2 of Article 60 of the Housing Code of the Russian Federation establishes that these rights are perpetual, that is, a citizen cannot be asked to vacate an apartment due to the expiration of the contract.
At the same time, the right of the tenant of a dwelling to use it means not only the right to live in it, but also the ability to move other persons there, including temporarily, rent it out and even exchange it. Such a list of the rights of a tenant under a social tenancy agreement is established by paragraph 1 of Article 67 of the Housing Code of the Russian Federation. However, it should be borne in mind that the exercise of all these rights must be carried out in accordance with the procedure established by law. In particular, in most cases, one of the conditions for their implementation is to obtain the consent of the landlord, that is, the owner of the home, for such actions.
In case of non-observance of this and other conditions for using the residential premises, the actions of the citizen may be recognized as illegal and will entail the application of appropriate sanctions to him. So, for example, paragraph 4 of Article 83 of the Housing Code of the Russian Federation provides that if a dwelling is used for other purposes, its owner has the right to terminate the social tenancy agreement.
