Refusal of service housing by military personnel, how to motivate it and how to formalize it in practice - details below. If it is not habitable or does not meet the needs of his family, there is an opportunity to refuse him.
Service housing: rights and obligations of a soldier
Every serviceman of the Russian army who has signed a contract has the legal right to be provided with official housing. According to the first part of Article 15 of Law No. 76-FZ, all contract soldiers and relatives living with them must receive official housing for temporary use during the first three months from the moment of arrival at the place of duty. This law is relevant for those who do not own housing stock in the region of service.
But, in the event that the housing provided by the federal authorities does not comply with the standards prescribed in the housing code, the serviceman has the right to refuse it and demand another option.
According to the current legislation, housing provided for the residence of military personnel and their family members must meet the following requirements.
- Have a suitable area - at least 18 m2 for each person;
- Be connected to electricity, water supply, sewerage and other communications;
- For dormitories, an important point is the presence of a minimum set of furniture;
- The dwelling must fully comply with the sanitary standards in force at the time of moving in;
- It must fully comply with existing technical standards.
Housing for military personnel is provided for temporary use under a social contract for the duration of service. There is an option to provide housing for permanent use. It is possible to obtain housing in a situation where the contractor agrees to move into an apartment or room that does not meet the requirements.
Reasons for refusing a service apartment or room
On legal grounds, a serviceman serving under a contract has the right to refuse the premises provided for living. A motivated refusal of the housing received will allow the serviceman to continue to demand more suitable housing. Or receive compensation for sublease from the federal budget to cover the costs associated with rent.
The reasons why a serviceman has the right to refuse the housing provided to him under a social rental agreement:
- The contractor has the right to refuse the housing provided to him if it does not comply with the standards described in the current housing code;
- There is a possibility of refusal to provide housing in the event that the total living area of the premises is less than required in accordance with the norms prescribed in the current legislation. Each tenant must have at least 18 square meters;
- Lack of electricity, water supply, gas supply or other communications in the provided housing. This is also a good motive for writing a report in order to refuse to live in it;
- Another good reason that can motivate the refusal is the location of the premises relative to the place of work, that is, the military unit. If the dwelling is too far from the place of work, then it can be abandoned without consequences;
- You can file a refusal report due to sanitary standards if the apartment or room is in poor condition. For example, if the dwelling requires major repairs, the walls are covered with mold, and there is high humidity inside;
- Another reason is the excessively large area allocated by the military unit of the living quarters. Which entails the need to pay unbearable amounts for the provision of utilities.
Difficulties with refusal may arise if the contract has already been concluded. And the serviceman lived for some time in the housing provided to him. In this case, after the refusal, he may lose the right to receive another accommodation for living. Or lose the opportunity to receive compensation from the federal budget to pay for a rented apartment.
A serviceman has the right to refuse the proposed housing, and in return to demand a more suitable option. The algorithm of actions for refusal is quite simple. It is described step by step below:
- It is necessary to draw up a report indicating the motivation for the refusal;
- Submit it within ten days for consideration by the command of the unit;
- Wait for the appropriate decision and order.
After reviewing the report, the serviceman may be offered other housing options. Or the monetary compensation that the state pays for renting housing. Money to pay for a rented apartment or house is paid only if the serviceman has entered into a lease agreement with the landlord. The amount is determined individually, depending on the region, changes in the rental property market and title. Funds are credited monthly along with the payment of wages.
Refusal of service housing by military personnel and consequences
Refusal of an apartment or room provided by the leadership of a military unit is the legal right of a serviceman. In the event that the refusal is motivated by good reasons and the housing does not meet the requirements put forward, then the serviceman has the right to demand the following from the leadership.
- Provide him with another room to live under a social contract for the duration of his service;
- Provide him with monetary compensation for paying for a rented room or apartment. It is important to conclude an agreement with the individual or legal entity that rents out the apartment. Views: 2 671
Thus, the basic law on privatization contains provisions prohibiting the privatization of such premises. This law leaves the right to make decisions on granting the right to privatize a service dwelling to the owner. It is important to define the concepts and understand which dwellings are classified as service dwellings and, as a result, cannot be privatized. The Supreme Court has clarified this matter. Government Decree No. 1301 of 1997 states that dormitories, shelters, hotels, office and other premises that are suitable for people to live in should be registered with the state. Given the above, after a decision has been made to include a certain premises in the service category, it must be registered as such with the state registration authorities.
- loses the right to use the service apartment;
- deregistered;
- must leave the premises that do not belong to him.
Attention
He will not be able to participate in privatization, even if he has lived in this apartment for more than 10 years. Children, on the other hand, cannot be former relatives, therefore, within six months after discharge, they can be participants in the privatization of the parent's apartment.
Procedure Privatization of official housing is possible both in court and in pre-trial order. This will require:
- remove this apartment from the number of service ones;
- transfer to the municipality.
This is done in agreement with:
- the head of the enterprise to which the housing belongs;
- head of the municipality.
The tenant of the office space has the right to apply to the employer for the provision of housing in the property.
Who is eligible? The right to receive ownership of office premises, if such a decision is made by their owner, are citizens who occupy them under a lease agreement and are duly registered. That is, the subjects of privatization of service housing are practically the same as those of municipal housing.
The difference is that the owner and tenants, in addition to relations under a housing contract, are also connected by labor or service relations. Privatization of service housing after March 1, 2018 Since the period of free privatization was once again extended, now it is expected to end on March 1, 2017.
Consequently, the privatization of service housing after March 1, 2018 takes place under the same conditions as before. That is, their privatization is possible only by the decision of the owner to provide such an opportunity.
service apartment
Info
This rule does not apply to:
- housing stock of state farms;
- related agricultural enterprises.
That is, rural residents have the right to demand that they be given ownership of the housing they occupy, both transferred to municipal ownership and managed by enterprises. The law allows it. Municipal If the service housing, which was previously owned by enterprises or organizations, was transferred to the balance of the municipality, then it lost its status.
Consequently, such apartments are considered transferred to their tenants under a social tenancy agreement and there are no obstacles to their privatization. The norms of the Housing Code of the Russian Federation and the law on privatization are applicable to the rental of such housing.
Servicemen For servicemen, the decision on the issue of privatization of service housing is connected with the status of the military camp where it is located.
- How can a soldier apply for a housing waiver?
- service apartment
- Is it possible for a soldier to refuse service housing?
- Rejection of offered service housing
- Can I opt out of the service housing and continue to receive sub-rental?
- Forum of Legal Mutual Assistance for Military Personnel
- Features of the privatization of service housing
How can a serviceman formalize the refusal of housing under Law No. 76-FZ, the norm for providing the area of \u200b\u200bhousing space provided in accordance with this Federal Law to the property free of charge or under a social tenancy agreement is 18 square meters of the total area of \u200b\u200bliving space per person. In accordance with par.
Is it possible to privatize corporate housing and how
The defendant substantiated his refusal by the fact that the plaintiff was settled in office premises, which, according to the norms of the law, cannot be privatized. The applicant also claimed that the apartment was provided to him under a social lease contract and he did not know anything about the fact that it had the status of a service apartment.
The case file contains information that this apartment was registered to an Open Joint Stock Company, about which an entry was made in the Unified State Register of Real Estate Rights. The court ruled in favor of the plaintiff, justifying this by the fact that the certificate of state registration of the apartment confirms that it does not belong to either state or municipal property.
Ownership rights to it belong to OJSC, in connection with which the applicant cannot privatize it in accordance with the norms of the law on privatization.
How is corporate housing privatized?
Refusal of the proposed service housing If it is closed, then:
- privatization is impossible due to the special status of such entities;
- housing will have to leave after the end of the service or transfer to another duty station.
In all other cases, the Ministry of Defense as the owner, as well as the structures created by it that own the premises on the basis of the right of operational management or economic management, have the right to decide on:
- withdrawal of apartments from the specialized fund;
- transferring them to military personnel.
Former family members The right to privatize corporate housing belongs to the employee himself or the employee to whom it was granted.
The premises that are allocated to the employee for the period of fulfillment of his labor obligations are called office premises. It is not the municipality that owns such a dwelling, but a specific organization.
According to the norms of the law, service housing cannot be privatized. This can only be done if its status is changed and it is put on the balance sheet of local government bodies.
Despite the fact that the privatization deadline has been extended, there is not much time left to transfer it to your property. Given the problematic nature of the privatization of service apartments and the unwillingness of the owners to part with them, the people who live in such housing are in a difficult situation.
In order to carry out the procedure for privatization of service housing, a person must apply with a corresponding request to the owner of the apartment.
Refused official housing could apply again and how to do it
Based on the results of consideration by the authority, a decision is made about the possibility of privatization.
- If a citizen was refused privatization due to the fact that he submitted an incomplete package of documents or some inaccuracy was found in them, he has the right to eliminate all problematic points before March 1, 2018 and reapply with an application.
- If a person has received the go-ahead for privatization, he concludes an agreement with the local administration, which is then registered with Rosreestr. Peculiarities of the privatization of service housing When privatizing service housing, some features of the process should be taken into account.
Important
This application is considered and a decision is made on it. If it is positive, then there will be further coordination with the municipal authorities on the transfer of service housing to their balance sheet and the removal of such status from it.
After completion of all formal procedures, the apartment can be privatized. Appeal to the Court It is also possible to seek the privatization of your service apartment through the court.
But success can only be achieved if the housing has not been properly designed as a service. If there was no transfer from specialized housing, and registration did not take place in Rosreestr, then the court will most likely make a positive decision.
It is also possible to achieve privatization in the case when the owner of the apartment agrees to transfer it to the city for further privatization, but the municipality is in no hurry to make a decision on this matter.
According to Decree of the Government of the Russian Federation of December 31, 2004 No. 909 “On the procedure for paying monetary compensation for hiring (sub-renting) residential premises to military personnel - citizens of the Russian Federation undergoing military service under a contract, citizens of the Russian Federation dismissed from military service, and members of their families” monetary compensation for the rental (sublease) of residential premises is paid to servicemen of the Russian Federation who are doing military service under a contract and their family members who are not provided with residential premises suitable for permanent or temporary residence, at the place of their military service at the expense of the Ministry of Defense of the Russian Federation in the amount , stipulated by the contract of hiring (sublease) of housing, but not more than the amount determined by the Government of the Russian Federation.
The ban, which is established on the privatization of such housing, has some conditions for its application. They are developed on the basis of law enforcement practice.
The decisions of the Supreme Court of Russia stipulate that the restriction of the rights of persons to privatize official housing must be justified by legislative norms. The courts have the opportunity to decide whether the restriction of human rights to privatization was justified.
Judicial practice The Constitutional Court, in its decision of April 18, 2006 No. 119-0, determined that the right to participate in privatization should be ensured by the possibility of observing certain guarantees of a person in the course of transferring property to the ownership of open joint-stock companies. Among such guarantees is the right to housing, which is enshrined in the Constitution, allowing individuals to privatize it.
Question:
Hello! I am an ensign. I am 48 years old. The length of service is 13 years. I do not own housing, I am registered with the unit. I live in my brother's apartment. The Housing Commission recognized me as needing housing under a social lease agreement, Ryazan chose Ryazan as a place to live.
They cannot provide housing for social rent here, since it is not available in this city (they say - "wait"). I was offered to write a report on the service housing, I wrote. Haven't moved into office space yet. The contract expires in 2 weeks. They want to fire me with the provision of corporate housing, so that at the same time I continue to wait for social housing in Kaluga. Due to the fact that, having received official housing, I can wait and not wait for socially hired housing (like "provided with housing"), questions arose. Can I submit another report now about the refusal of official housing (if so, how to do this and what to refer to)? Are they obligated to grant my request? Can I be fired without permanent housing if I refuse to work?
Vladimir, Yasny
Answer:
Vladimir, hello. In accordance with paragraph 5 of the "Instruction on the provision of military servicemen - citizens of the Russian Federation, serving under a contract in the Armed Forces of the Russian Federation, with service living quarters", approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280 (as amended on March 21, 2013) " On the provision of living quarters to servicemen of the Armed Forces of the Russian Federation under a social tenancy agreement and service living quarters", if the serviceman disagrees with the living quarters provided, he, within five days from the date of receipt of the message about the proposed living quarters, sends to the structural subdivision of the authorized body a refusal to provide official living quarters, drawn up in spine No. 2 to the message about the proposed living quarters, according to the recommended sample in accordance with Appendix No. 4 to these Instructions.
In case of failure to receive from the military personnel to whom notifications about the provision of residential premises have been sent, consent to the provision of residential premises within ten days from the date of receipt by the structural unit of the authorized body of the notification of delivery of the message, these service premises are provided to other military personnel included in the list for provision office living quarters.
According to paragraph 1 of Art. 23 of the Federal Law of 05/27/1998 No. 76-FZ (as amended on 02/03/2014, as amended on 06/04/2014) "On the status of military personnel", military personnel are citizens whose total duration of military service is 10 years or more, who need improvement of housing conditions in accordance with the standards established by federal laws and other regulatory legal acts of the Russian Federation, without their consent, they cannot be dismissed from military service upon reaching the age limit for military service, health status or in connection with organizational and staffing activities without providing them with housing premises or housing subsidy. If these servicemen wish to receive accommodation not at the place of dismissal from military service, they are provided with accommodation at the chosen place of permanent residence in the manner prescribed by paragraph 14 of Art. 15 of this Federal Law.
Vladimir, you have the right to refuse to provide office accommodation. This refusal will not serve as a basis for dismissing you from military service.
Alexander Tomenko, military lawyer
Is it possible for servicemen to refuse service housing? This question worries many military men. The Ministry of Defense is trying to solve the problem of providing housing for military personnel. It is for this reason that today the Government is trying to transfer military personnel to a slightly different form of property ownership. It implies taking a mortgage, which allows you to choose not only the area in which the property will be located, but also the living area itself.
All military personnel will most likely be transferred to the above form of support. Institutions that provide for military activities until 2023 are also authorized to switch to mortgages. Recent changes include the introduction of a new form of subsidized housing that will help eliminate the waiting list for service housing for the time being.
Why military personnel refuse service housing
Reluctance to receive service housing may be due to the following reasons:
- The region in which the proposed housing is located does not suit the serviceman.
- The provided apartment does not correspond to the area specified in the law. Most often, apartments are offered with an area smaller than the required one.
- The proposed housing does not meet the requirements of housing standards.
Do not forget that each family may have its own reasons for registering the refusal of a serviceman from an apartment.
For example, a family with a small child does not want to move into an apartment located on the top floor of a multi-storey building. Or, on the contrary, others show dissatisfaction with their future living in an apartment on the ground floor. But such conditions are not taken into account in our legislation.
The next reason for the refusal of the military from the proposed housing may be the desire to apply for a subsidy that gives the right to purchase real estate located in any region of our country.
The people on the waiting list say that the allocated service apartments for officers in the city of Podolsk, for example, did not meet their requirements and expectations. Sometimes military personnel prefer to buy real estate on a military mortgage.
What are the consequences of the refusal of the waiting list from the apartment?
If the military refuses the housing that the state has provided him, then he still should not be excluded from the queue for an apartment. Thus, when the state offers a soldier living space that does not correspond to his desires, the soldier can refuse it. And do it not once, but repeatedly. It must also be remembered that the refusal should be clearly argued.
The Housing Code of the Russian Federation says that the citizens of our country can freely choose the property that suits them for living. It clearly states that the military can independently choose the form of the desired provision of housing.
It turns out that if the officer has the legal right to obtain a subsidy, then he can safely refuse the apartment. In this situation, the ideal option for providing housing is to receive a EDV.
The new changes involve the provision of real estate with the use of UDV to those officers who have refused official housing offered by the state or their chosen place of permanent residence. The above provision is valid for the military who refused the proposed housing after the official introduction of the law in early 2014.
These legislative forms are valid only if the proposed apartment meets absolutely all the requirements that apply to living space, which is due to a soldier in accordance with the law.
Back to index
How to apply for a subsidy
Given the current changes in the laws of our country, allowing you to choose subsidies as a form of real estate, many ask different questions. How to refuse official housing for military personnel? And how do you apply for a subsidy?
It should not be forgotten that not all military personnel are entitled to housing. Only people who really need living space can get EVD. Also, a necessary condition is called the refusal of the provided real estate. And it doesn’t matter at all whether this is official housing or a contract for hiring housing.
To apply for a housing waiver, you need to submit an application to the head of your unit. This application must clearly state its reasons and the desire / unwillingness to continue to exercise their right to receive housing through the provision of a subsidy.
The officer has the right not to receive a certificate for housing by choosing the EDV as a form of providing real estate. This is his legal right.
NIS participants cannot make any claims to receive the EVD. The waiver of a military loan is always formalized through a court decision, even if the soldier was entitled to participate in it. The current judicial practice when filing an application with the judicial authorities is unlikely to help cope with this problem.
Taking a military loan does not involve checking a soldier for any real estate - this distinguishes it from other forms of housing education. To take part in the NIS, it is necessary to recognize the military in need of living space.
If you repay the loan prematurely, you can take out a military loan again to buy a larger apartment or even another property.
Back to index
Is it profitable to refuse a finished apartment?
Before abandoning the natural form of providing real estate, you need to think carefully about the possible consequences. As a result, the Defender of the Fatherland receives official housing of the required area and in the area in which he is most comfortable living if he accepts a ready-made apartment from the state.
In order to provide citizens in need of housing and their families, in accordance with housing legislation, specialized housing stock.
service apartment provided by state or local authorities to persons performing labor functions in these structures. Citizen and his family should not have their own living quarters in the region where he is to work.
The Housing Code of the Russian Federation provides for an employee to have a service apartment, which is provided for employment contract for the duration of the employee's employment relationship. On such a living space is provided.
The law protects certain categories of citizens and prohibits them without providing them with alternative housing.
Forced eviction of persons who do not want to voluntary leave office space. It is important to follow the order prescribed by law.
In spite of prohibition of privatization office accommodation, there are legal ways.
Service apartment as a dwelling of a specialized housing stock
Citizens in need of housing shall be provided by the state or municipality with residential premises provided for such purposes. The Housing Code of the Russian Federation (LC RF) refers to such housing (Article 92):
- hostels;
- housing maneuverable fund;
- residential premises intended for temporary resettlement of citizens;
- for social protection of the population;
- service housing;
- residential premises intended for social services for citizens;
- premises for orphans or children left without parental care, etc.
service apartment is a dwelling that is provided to a citizen in connection with the performance by him of certain labor relations.
The list of persons entitled to official housing is determined by separate legislation (depending on the area of activity of the person).
As a rule, such accommodation is provided to those who must be inseparably present in the immediate vicinity of the workplace. Another condition is the absence of one's own in this locality.
Service housing can be:
- apartments;
- hostels;
- private houses.
However, in order for an apartment to be provided to a citizen and his family as a service apartment, it must be included in a specialized housing stock. as a service dwelling. This provision is adopted by the decision of state authorities or local self-government - depending on who owns the living space.
Provision of service housing
In accordance with Art. 93 of the Housing Code of the Russian Federation, service housing is supposed to be provided only to those citizens who are in labor relations With:
- public authorities;
- local authorities;
- state or municipal enterprises.
Also, such housing is provided for persons appointed to public positions of the Russian Federation or a constituent entity of the Russian Federation, or elected to elective positions.
Accordingly, the apartment is provided by office space rental agreement for the duration of the employment contract or contract. Termination of employment entails the termination of the contract of employment.
So, a service apartment will be given to citizens occupying positions:
- Deputy. At the same time, one can be a deputy at any level (state, subject or local).
- Serviceman.
- Law enforcement officers (police officers, investigators, etc.) who are sent to serve in another city or town.
- Firefighter in the Ministry of Emergency Situations.
- Teacher and doctor. This applies to those who wish to go to work in the countryside.
- civil servant. For example, judges, officials, employees of ministries and departments, etc.
Currently, the provision of corporate housing is practiced and private organizations - employers .
The procedure for obtaining office accommodation
Service housing is allocated according to decision the owner of the premises, namely the authorities of the subject or municipality. The decision is made in the form orders or orders organ.
After a decision is made between the person authorized to carry out such actions and the citizen who is provided with living space for use, a lease agreement for office space. This procedure is regulated by the regulations of the relevant authority.
Such premises are subject to transfer by act of acceptance and technical condition report. These documents spell out all the shortcomings of the provided housing, so you should carefully consider the content of these documents. This is also due to the fact that the reverse procedure for transferring the premises is the same. Therefore, if malfunctions are noticed, they must be eliminated at your own expense.
The conclusion of a lease agreement entails for both parties rights and obligations associated with the use of the premises. The main responsibilities of an employer are room use fee and paying utility bills. In addition, the citizen is obliged at his own expense make current repairs. paid by the owner of the premises.
Service housing should not be used by citizens for profit, namely, you can not rent them, sell, change, etc.
This ban is due to the fact that housing does not belong to a person on the right of ownership and he cannot dispose of it at his own discretion.
The contract must specify all family members citizen who will live with him. As the number of family members increases, this list should be updated.
What documents are needed to apply for office accommodation?
When submitting an application for the provision of service housing and for its consideration, it is necessary to attach a number of documents. These primarily include:
- the passport;
- work book as confirmation of employment in this organization and in the corresponding position;
- a document that indicates the lack of housing in the property (or other);
- certificate of conclusion (or dissolution) of marriage;
- information about the composition of the employee's family;
- employment contract or contract - it specifies the period during which the employment relationship will last;
- petition or application from the employer.
All documents are attached in copies, which must be assured with a notary or employer.
The specified list of documents for obtaining a service apartment is not exhaustive. It can be replenished depending on the situation and conditions for providing housing.
Application for the provision of office space
To receive official housing for use, you must write statement in the name of the head of the authority. It indicates the number of people who will live with the tenant. If there are children, their age is indicated.
Also, this document indicates all residential premises available to the employee on the right of ownership, if any.
The citizen hereby gives agreement for the processing of personal data. He also subscribes to what he provides reliable data about yourself and your family members.
In the event of a change in the information provided, the citizen undertakes to report it.
On the example of the provision of service housing to military personnel sample application as follows:
Is it possible to register in a service apartment
As a rule, a citizen and members of his family are temporarily registered in official housing. This can only be done with the permission of the owner. will be valid for a specified period. Usually, registration in service housing is valid for the period for which the contract of employment is concluded.
Registration at the place of residence in a service apartment does not give the right to register ownership of it.
The main reason for eviction from such housing is the termination of labor relations with the organization that provided the service housing. In the event of a divorce, the second spouse loses the right to live in this apartment and is subject to deregistration and eviction.
Eviction from corporate housing
Eviction from the service housing is possible voluntarily and involuntarily. FROM voluntarily everything is quite simple. At the end of the contract or fixed-term employment contract, the employee (employee) is obliged to vacate the premises occupied by him.
In the event that a citizen does not wish to voluntarily move out of a service apartment, then this can be done in compulsory order, namely by the decision of the court.
There are several grounds for forced eviction:
- arrears in payment of utility bills;
- damage to housing;
- the rights of third parties are violated;
- the property is used for commercial purposes;
- other.
The eviction process takes quite a long period of time. Before applying for a forced eviction in court, the owner must take steps to peaceful resolution of the situation.
The owner of the premises must send the tenant notification with a request to leave the house. The notice must offer a specific period after which it is possible to apply to the courts. It is 5 days.
If the tenant has not taken action to evict the property, the owner has the right to file a lawsuit in court. After the decision is made in favor of the owner of the residential premises and it comes into force, you need to contact bailiff service. The bailiff will then enforce the judgment.
Who can't be evicted from their housing?
There are categories of citizens who cannot be evicted from service housing without providing them with an alternative, that is, in exchange for another housing unit. To such persons, in accordance with Art. 103 LCD RF include:
- family members of military personnel, internal affairs officers and other employees of state bodies who died or went missing in the line of duty;
- pensioners who have worked in the organization until old age;
- family members of the deceased employee;
- disabled persons of groups 1 or 2 who became disabled through the fault of the employer, who received occupational diseases, were injured while performing their duty, and others;
- orphans and children left without parental care;
- citizens left with young children.
In order for such citizens not to be evicted, they should not have their own housing, as well as housing provided to them under a social contract of employment.
Renting an apartment upon eviction
When evicting from a service apartment, it is necessary to properly pass owner. The fact that the housing is accepted by the owner and handed over by the tenant is signed by the act of acceptance and transfer of the residential premises.
An authorized representative of the owner must make a full inspection of the service apartment and fix the existing shortcomings (if any). In this case, the employee has the right to disagree and indicate his comments on the act.
The apartment must be in a condition no worse than it was transferred to the tenant. In this case, its normal wear and tear must be taken into account.
If a forced eviction is carried out, then a act of eviction. It must be drawn up in the presence of two witnesses.
Do I need to make repairs before renting a service apartment
Usually, the tenant's obligations are specified in the contract of employment. duty to do redecorating included in the main list. The frequency of its holding is also directly reflected in the contract.
If a housing provided with renovation and this fact is described in the contract of employment and the act of acceptance and transfer, then upon delivery, repairs must be made. Otherwise, the tenant will be charged the amount for cosmetic repairs of the premises, calculated at the market price.
In the event that, in accordance with the terms of the contract for the rental of official housing, the deadline for making repairs has not yet come, then the tenant has the right refuse do it when you check out.
Can corporate housing be transferred to ownership?
It must be pointed out that the norms of the LC RF do not provide for such a procedure as. And Art. 4 Law of 04.07.1991 No. 1541-1 "On the privatization of the housing stock in the Russian Federation" establishes ban to transfer office premises to the property of citizens.
Such premises can be privatized only after they are transferred to municipal property(if the owner is different). After that, there must be the consent of the owner of the housing for the implementation of privatization by another person.
Further, service housing is no longer considered service housing. Therefore, it can be transferred to the use of citizens by. When these activities are carried out, privatization is possible in accordance with housing legislation.
So, the tenant of service housing needs to apply to the management of the enterprise that owns the premises, with a request to transfer it to ownership. The application is considered within a month. Further, a positive or negative decision is made on this issue.
If a positive decision is made, then it will be necessary to agree on the transfer of the apartment to municipal ownership and the removal of the official status from it. Only after resolving these nuances, you can proceed to the standard privatization procedure.
There is an option when you can buy service housing. You need to work in an organization and live in this apartment at least 10 years old. In addition, there should be official recognition of those in need of housing.
Conclusion
An important feature of the provision of service housing is that a person does not need housing as such. He has the right to it in connection with the performance of certain labor duties in state or municipal authorities.
This suggests that housing is provided temporarily and for a certain period. After the expiration of the term, I have the right to evict tenants even if they have nowhere to live.
Despite the ban on the privatization of corporate housing, it is possible to bypass it. To register the ownership of office housing, you need to change its status. This can be done only with the consent of the owner of municipal (state) housing.
Question
Office housing regulations
Are there norms for the area when providing service housing?
