LawState and Law

Rules for the use of living quarters

At the end of January two thousand and six the Government of the Russian Federation legislatively fixed the Rules for the use of living quarters. This document concerns relations related to municipal real estate. It applies to apartments owned by citizens on the basis of rights.

The operation of living quarters should be carried out in accordance with established rules. This norm is fixed in the RF Parliament.

By definition, a residential isolated premise is considered to be immovable property, the purpose of which is the permanent residence of citizens in it. Legal owners can use these areas when carrying out entrepreneurship. The only exception is the placement in the premises of industrial production. However, there should be no violation of the rights and legitimate interests of third parties. In addition, these areas must meet all the requirements for them.

Recognition of the right to use a dwelling premise belongs to a set of persons defined by legislative acts. They are:

- the employer himself and his family, when concluding a contract of social loan;

- employer and persons who live with him permanently, in the presence of a loan agreement for state and municipal housing stock of commercial use;

- the employer himself and his family, when concluding a loan contract for a dwelling of a specialized type;

- the owner of the apartment with his family;

- a member of the HBC and his family members.

If the apartment belongs to a citizen as a property, then he has the right to independently dispose of the premises that belong to him. He can make a sale and donation, sign a contract for rent or lease, etc. But the rules for the use of living quarters require the employer:

- carefully maintain the apartment;

- to bear expenses proportionally to the share on maintenance of an order in an apartment house;

- timely pay for utility services, repairs, work and management services in multi-family homes, etc.

The basis that serves as the right to use the living quarters may be the contract of social hiring. In such an apartment, the responsible employer can infuse third parties with the consent of all family members who are eighteen years old. Under the same conditions, a part or all of the residential premises can be rented under a sublease contract. The tenant can make an exchange of his apartment for another apartment. At the same time, the right of social hiring should also be formalized for such areas. The rules for the use of living quarters fix duties on the lawful use, maintenance of safety and maintenance in a normal condition of apartments. The tenant must be paid in time for utilities and repair work.

A certain part of the housing stock is occupied by specialized premises. They include:

- hostels;

- official housing ;

- maneuverable fund;

- premises intended for short-term residence of citizens who have been granted refugee status;

- housing, conducive to the provision of social support for certain categories of the population;

- rooms in houses belonging to the system of social services for citizens.

The rules for the use of living quarters prohibit the employer of the above-mentioned areas from conducting alienation procedures, concluding leases and hiring agreements.

The provision of the right to reside in the apartment of the housing cooperative is the membership of the employer's co-operative. However, members of his family can also freely use this area. Obligations, which are borne by all tenants of apartment buildings, are guarding the interests of neighbors. For example, this is the right of people to silence, which must be observed at night.

The tenant can make the procedure for the termination of the loan agreement. In this case, the loss of the right to use a dwelling premise occurs only after the fulfillment of all duties to the renter.

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