Eviction of citizens from residential premises under a social tenancy agreement, grounds, statement of claim for termination of a social tenancy agreement and eviction

In the total housing stock, a large share of real estate belongs to the state. Such apartments have the status of social housing. They are provided to residents on the basis of a concluded rental agreement. Residence on the territory of this residential area does not have specific deadlines. Expulsion from social premises can take place voluntarily, upon obtaining your own housing or moving, or under duress from the municipality.

Termination of a social tenancy agreement

Article 35 of the RF Housing Code specifies that every tenant of a social apartment must maintain it within the framework prescribed by law. You can use the property subject to compliance with the requirements of regulations in force on the territory of the Russian Federation.

Violation of legal norms by tenants gives the landlord the right to force them to evict. In most cases, eviction takes place with the obligatory replacement of the living space with another area.

The law allows termination of a rental agreement by force with the involvement of law enforcement agencies in resolving the issue.

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Grounds for termination of a social tenancy agreement

Termination of the agreement to live in the premises is impossible if there are no grounds. Termination of a rental relationship does not occur due to one or two complaints filed. Any grounds must be systematic and classified as malicious.

The following are considered sufficient conditions for termination of a tenancy agreement and eviction:

• No payment for utility services for a long time. A period exceeding six months is considered long.
• Unreliable behavior that ruins the lives of nearby citizens.
• The apartment is empty - the allocated premises have not been used for living for six months or more.
• The tenant acquired another apartment in his own possession or received it as an inheritance or gift.
• The rules for using the apartment were violated.
• An illegal legal facility was organized on the premises - a warehouse, a hairdresser, an office.

The presence of children and other dependent family members complicates the task of terminating the agreement and eviction from the premises.

The procedure for terminating a social tenancy agreement

Forced termination of a municipal tenancy agreement and eviction of tenants is a last resort. It is resorted to only if no other solution to the problem is possible. The party initiating the eviction must carry out extensive pre-trial work.

Conversations are held with residents about their obligations to eliminate violations and prevent their recurrence. Written notifications are sent.

If all the measures taken do not bring a positive result, then the municipality writes a statement of claim to the court, which provides arguments for termination of the contract and forced eviction by the tenant.

Eviction from a residential premises under a social tenancy agreement

It is possible to expel a tenant from a residential premises registered under a social tenancy document if there is a court decision. The tenant can comply with the requirements of the municipality up to the issuance of a resolution.

In this case, the case is closed, and the tenant will remain living in the previous residential area. If the employer has not taken steps to resolve, then after the decision is made, he is given 10 days to appeal.

At the end of the specified period, the former tenant is obliged to vacate the residential territory. Usually he is provided with other social living space.

If a citizen leaves the apartment and leaves his property there, then its safety is entrusted to the executive authorities. After two months, the property is put up for auction, and the money is kept for another two years.

The tenant can pick them up during the entire storage period.

Statement of claim for termination of a social tenancy agreement and eviction - sample

The statement of claim is the main element for starting a trial. The claim should include the following information:

• Claims to residents.
• Grounds for relocation.
• Refer to articles of law.
• Provide documentary and witness evidence.

When expelling from social housing property, it is necessary to indicate the evacuation address of the expelled residents.

Download a sample statement of claim for termination of a tenancy agreement and eviction 

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Eviction from an apartment for social rent 2023 - according to the contract, can they be evicted, for debts, for non-payment, with the provision of other housing

Of the total mass of real estate, part of it belongs to the state. Some apartments, as real estate, also belong to the state or municipality. They are provided upon application to certain social groups in turn. A lease agreement is drawn up, according to which the tenants usually have the right to use this premises for quite a long time for a very reasonable fee.

Relocation from such an apartment can occur on a voluntary basis, when citizens receive their own apartment or house. There are cases of choosing another, more suitable social housing for them or moving to another city. But there are cases when eviction under a social tenancy agreement is forced.

Causes

The reasons for making a decision on forced eviction from a social rented apartment may be different. But it is carried out only by court decision.

The reasons for this are:

• creating inconvenience for the lives of neighbors: noisy behavior during the day or at night, drunkenness;
• fights, causing moral damage;
• using the apartment not for housing, but for production, storage, etc.;
• regular non-payment of utilities;
• damage to the walls of the apartment or other property that was provided for the use of tenants;
• failure to comply with other conditions that were specified in the social rent agreement.

There are other reasons that will be weighty for the court. They mainly relate to non-fulfillment of the contract, such as subletting real estate to a third party.

Legislative regulation

• Legal regulation of the eviction of social rent tenants occurs in accordance with Articles 83-85, 90-92 of the Housing Code and Article 293 of the Civil Code of Russia.
• Article 92 of the Housing Code of the Russian Federation defines a service apartment, which is allocated for temporary use.
• Accommodation in this apartment is possible after the signing of a social rent agreement by representatives of the municipality and potential tenants.

According to the law, a citizen can be evicted from an apartment only upon expiration of the contract, which terminates when the person quits his job.

Other reasons for eviction are specified in Articles 83, 85, 95 of the RF Housing Code.

Eviction from a social rented apartment

In addition to the above grounds for eviction, there are others:

• the tenant evicts at his own request;
• by agreement of both parties, another agreement is drawn up;
• death of the employer;
• the condition of the building in which the apartment is located was considered dilapidated or in disrepair;
• the purpose of the premises has changed in the documents;
• landlord's decision.

You cannot engage in arbitrariness and evict from an apartment on your own. Only through the courts can this issue be resolved. There must be good reasons for this, which must be documented.

For non-payment of utilities (debts)

According to Article 90 of the Housing Code of the Russian Federation, the reason for eviction of tenants may be failure to pay utility bills.

If a social rent tenant does not pay for housing and utility services for more than six months, they may be evicted. But this procedure must be carried out through the court, and not independently.

Resolving the issue in court

Eviction of citizens from a state or municipal apartment occurs only as a result of a court decision. Without this, the issue will be considered resolved illegally.

Filing a claim

The statement of claim must be drawn up in accordance with Articles 131.132 of the Civil Procedure Code of Russia (Civil Procedure Code of the Russian Federation).

The application includes 3 sections:

• Introductory part - detailed details of the parties.
• The main part where claims are indicated. The plaintiff lists the violations that, in his opinion, the tenant committed.
• Legislative part (indicating the articles of the law that were violated). Examples from judicial practice are given.

The claim must indicate the address where the tenant will be sent. The significance of this point is evidenced by the fact that without indicating a new place of residence, the plaintiff will be refused to accept the application.

A sample statement of claim for eviction from an apartment is here.

The following documents are attached to the application:

• copy of ID;
• extract from the Unified State Register of Real Estate;
• a receipt confirming payment of the state duty;
• witness's testimonies;
• an extract from the personal account on payment of utility services;
• expert opinion on the condition of the apartment.

All evidence is collected only legally, otherwise the court will ignore the submitted documents. On average, the entire process lasts about 2 months. The court decision is made in accordance with Art. 194 Code of Civil Procedure of the Russian Federation.

If the tenant, during the preparation and the process itself, has eliminated the reason for which the claim was filed, then the case is considered closed. If the tenant does not agree with the court's decision, then he has 10 days to appeal it.

Notification

The court may not accept the claim if government officials did not try to appeal to the residents with a request to eliminate the cause of the conflict.

It is imperative to notify the tenant in writing of your intention to go to court. Documentation must be attached to the claim.

Actions of bailiffs

Bailiffs participate in the implementation of a court decision, which involves the eviction of a tenant, in compliance with Federal Law No. 229.

The eviction must take place within 2 months from the date of initiation of enforcement proceedings.

Will other accommodation be provided?

Nowadays there are practically no cases where eviction occurs without the provision of other living space in return. According to Article 90 of the Housing Code, this apartment or dorm room must comply with sanitary and technical standards. The dimensions must be as follows: at least 6 square meters. m of living space per person.

Eviction with the provision of another living space is preceded by termination of the previous contract.

In addition to compensation for losses, citizens renting premises on social rent must pay late fees. This does not prevent the evicted tenants from being provided with alternative housing and a new contract being concluded.

Who should not be deprived of their living space?

According to the Housing Code, the following persons cannot be evicted in 2023:

• disabled people who have the first and second disability groups;
• age pensioners (55 years old for women, 60 years old for men);
• minor children without parental care;
• family members of a deceased or deceased citizen who signed a social tenancy agreement.

All of the listed categories of citizens cannot be evicted from state or municipal housing.

Arbitrage practice

Based on judicial practice, we can say that tenants decide to evict without desire. Even after the judicial act was adopted. Often the authorities are forced to resort to bailiffs.

First, the bailiff sends a notice warning of forced eviction. If the tenants ignored this fact, then the eviction is carried out in the presence of witnesses. An act must be drawn up.

Here is the case law on the issue of eviction.

In the video about the features of eviction

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Statement of claim for termination of a residential tenancy agreement

A sample statement of claim for termination of a residential tenancy agreement, taking into account the latest changes in current legislation.

Citizens who have rights to the disputed residential premises, that is, the tenant or members of his family, have the right to bring such a claim against citizens who have left for another permanent place of residence.

Please note that temporary departure (for study, treatment, on a business trip and for other reasons) does not entail termination of the rental agreement.

The statement of claim must set out in detail all the circumstances of the defendant’s departure: the reasons for the departure, how long ago it happened, whether there were conflicts between residents, whether the defendant’s belongings remained in the apartment, whether there were any obstacles in using the housing, whether the defendant pays for the housing, whether the defendant has rights to other residential premises.

A statement of claim for termination of a residential lease agreement is subject to the jurisdiction of the district court at the location of the disputed residential premises, based on the rule of exclusive jurisdiction. When filing a statement of claim, the plaintiff must pay a state fee of 200 rubles.

• The sample petitions presented on the website will allow you to competently and timely convey to the court your position on procedural issues that arise during the consideration of a civil case.
• In ______________________________ (name of court)
• Plaintiff: _________________________________ (full name, address)
• Defendant: ______________________ (full name, address)
• Third party: ____________(name of the lessor, address)

 

Statement of claim for termination of a residential tenancy agreement

Based on _______ (order, rental agreement), our family was provided with residential premises at the address _________ (region, city, street, house, apartment). _________ (full name) is indicated as the employer, _________ (full name) are indicated as the family members of the employer.

Since ___, the defendant has left the disputed residential premises for another permanent place of residence _________ (specify the reasons), removed all his belongings, since then he has not lived in the apartment, and has not fulfilled the obligations arising from the rental agreement. The defendant has no obstacles to the use of residential premises.

1. The defendant refuses to voluntarily terminate the rental agreement for residential premises; the presence of the defendant prevents me from exercising my rights in relation to the residential premises _________ (specify reasons).
2. Based on the above, guided by Articles 69, 83 of the Housing Code of the Russian Federation, Articles 131-132 of the Civil Procedure Code of the Russian Federation,
3.  Ask:

1. Terminate the rental agreement for residential premises at the address _________ (region, city, street, house, apartment) with the defendant _________ (full name).

List of documents attached to the application (copies according to the number of persons participating in the case):

1. Copy of the statement of claim
2. Document confirming payment of state duty
3. A copy of the social tenancy agreement (order)
4. Certificate of registration at place of residence
5. Documents confirming the departure of the defendant, loss of family relationships

• Date of application “___”_________ ____ Signature of the plaintiff ________
• Download a sample application: 
•   Statement of claim for termination of a residential tenancy agreement

 

Eviction of citizens under a social tenancy agreement from an apartment

By law, government agencies cannot leave people without housing, but there are cases when eviction of citizens under a social tenancy agreement is quite possible. This requires compelling reasons and a court decision, and the entire procedure is carried out only in court.

What is a social tenancy agreement?

A social tenancy agreement is a document drawn up when an apartment registered in the state or municipal housing stock is transferred for use to citizens. This usually happens when people are classified as low-income and in need of housing.

Features of social rent are regulated by Ch. 8 Residential Complex of the Russian Federation:

Article	Explanation
Art. 60	The agreement is concluded for an indefinite period, and changes in its terms are not grounds for termination
Art. 61	After concluding the contract, the tenant has the right to freely use the property located in the apartment
Art. 65	The lessor undertakes to carry out timely major repairs and take part in issues related to the maintenance of common property
Art. 70	The tenant can move his family members into the apartment with the written permission of the landlord. Consent for moving in young children is not required

Thus, all significant changes relating to the tenant’s residence in the home under a social tenancy agreement must be made with the consent of the other party - the landlord.

“The legal consequence of eviction is a ban on the use of property, the release of the premises from residents and their belongings. If evicted citizens refuse to leave the premises, bailiffs have the right to engage a specialized organization to help,” says M.E. Sleptsov, Ph.D., Honored Lawyer of the Russian Federation, lawyer.

Grounds for termination of a social tenancy agreement

Termination of this agreement in the absence of mutual consent is carried out exclusively by judicial procedure. The landlord cannot only contact the police, because... In any case, a court decision will be required .

The grounds for eviction are provided for in Art. 83 Housing Code of the Russian Federation:

• The employer does not pay utilities for more than 6 months in a row. As evidence, you will need a receipt indicating all amounts owed.
• The property was damaged or destroyed due to the fault of the tenant. This also includes cases when damage is caused by third parties for whom the party to the contract is responsible.
• Violation of the rights and interests of neighbors: exceeding permissible noise standards at night, constant feasts and fun at night, fights, etc. This must be systematic - a single complaint is not enough to bring the employer to court.
• Use of premises transferred under a social lease agreement for other purposes: renting to tenants, use for running a business.

Most often, eviction occurs after repeated complaints from neighbors, but here it should be borne in mind that violations must be strictly systematic. After a single precedent, no one will evict the tenant, and the claim will most likely be rejected.

Read also the article ⇒ Eviction of citizens from residential premises

Legislation

There are several legislative acts that are usually referred to by municipality representatives when drawing up statements of claim and are used as grounds for eviction of irresponsible tenants:

Law	Content
Art. 293 Civil Code of the Russian Federation	If the owner systematically commits violations related to creating problems for neighbors, destroying the housing structure or improper maintenance, the municipality can warn him about the inadmissibility of such actions in writing and give him time to correct the problem. If, after this, illegal actions continue to be committed, the property is sold by court decision, and the money received for it is sent to the former tenant, minus legal expenses.
Art. 90 Residential Complex of the Russian Federation	If the tenant does not pay for utilities for more than six months without good reason, he may be evicted to another room, the size of which corresponds to the standards of the hostel
Art. 91 Residential Complex of the Russian Federation	If, after repeated warnings, the tenant still systematically continues to violate the terms of the contract, disturb neighbors, or fail to pay for utilities, he is subject to eviction without the provision of other living quarters

Additional grounds for eviction

In addition to the above grounds, there are other reasons why a social tenancy agreement may be terminated:

• The tenant himself decided to move out. To do this, he must obtain the consent of other family members living in the same territory with him.
• Both parties decided to enter into an agreement to terminate the contract.
• The house in which the tenant lives was recognized by the commission as unsafe, and being in it poses a danger to life.
• In the event of the death of the tenant, the contract terminates automatically.

In each of the above cases, documentary evidence will be required.

How to evict citizens living under a social tenancy agreement: step-by-step instructions

To evict a tenant, a municipal representative must do the following:

1. Collect a package of documents and send the employer a notice of intention to resolve the issue in court.
2. Submit the claim to the court, wait for the case to be considered and a court decision is made.
3. After the court decision, bailiffs are included in the procedure, who are obliged to ensure the eviction of the tenant within two months from the date of receipt of the court document.

Statement of claim

To draw up a claim, you can contact an assistant judge or a law firm, or do it yourself. The document must include the following information:

Details of the parties	Name of the organization - plaintiff, full name. defendant, residential address
Main part	The essence of the complaint and the violations that were committed by the employer are listed
Legislative part	References to the legislation on the basis of which the defendant must be evicted

The application must indicate the address where the tenant will be relocated, unless eviction is carried out without the provision of other housing.

The claim must be accompanied by a package of other documents relevant to the case:

• copy of passport;
• expert opinion on the condition of the property if it was destroyed or damaged due to the fault of the tenant;
• witness statements;
• receipt of payment of state duty;
• extract from the Unified State Register of Real Estate.

On average, it takes about two months for a case to be heard in court. If, during the process, the employer corrects the violation that caused the litigation, the case is usually dismissed.

If the court decision was not made in favor of the employer, he has 10 days to appeal. After this period, it comes into force and is not subject to appeal.

Statement of claim for eviction from a municipal apartment

How to appeal eviction from an apartment?

Having received a copy of the court decision, the employer can appeal it within ten days if he believes that the law should be on his side.

To do this, you will need evidence of innocence or elimination of the offense.

For example, if the defendant paid off a utility debt during court proceedings, but the case did not end, he will have to provide receipts confirming the absence of debt.

Read also the article ⇒ How to evict tenants from a rental apartment?

Arbitrage practice

In most cases, tenants, after receiving a court decision, do not want to move out, even if they are provided with other housing, and then bailiffs become involved in the case. They carry out a forced eviction in the presence of witnesses, after which a report on the actions taken is drawn up.

Most common mistakes

Mistake #1. You can evict a person if he constantly argues with his neighbors, but there are no official complaints.

No, such actions are unacceptable. Eviction is legal only in the case where the neighbors have repeatedly appealed to the district police officer and other authorities, but the employer continues to disturb their peace and, for example, the law on silence - each region has its own rut.

Mistake #2. Eviction is possible only through judicial procedure.

From a legal point of view, this is true, but you can resolve the problem peacefully by inviting the tenant to vacate on his own. This is permitted by concluding an agreement between the parties to terminate the social tenancy agreement. If the tenant does not agree, then the procedure is carried out in court.

FAQ

Question No. 1. If a citizen is a disabled person of the second group, can he be evicted for improper maintenance of housing?

No, they can't. He belongs to the category of persons not subject to eviction. This also includes disabled people of the first group, pensioners, young children, as well as family members of the deceased person with whom this agreement was concluded. Having established these circumstances, the court made an example decision to refuse to satisfy the landlord’s claim.

Question No. 2. What to do if the husband is the tenant, but the wife is also registered in the living space, and the husband lives separately?

Relatives of the tenant have the right to live in the living space if they keep it in proper condition. However, the employer will still be responsible for their actions if problems arise.

Conclusion

Eviction from residential premises transferred under a social tenancy agreement is possible only through a judicial procedure. In most cases, tenants have to provide other living space, with the exception of serious offenses committed systematically: then the court can evict citizens without obliging the municipality to provide them with other housing.

Termination of a social tenancy agreement, procedure and conditions, sample application for termination, list of documents | Housing consultant

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Social rental agreement for residential premises

In order to provide citizens of the country with living space, the state has developed a number of legal norms designed to control this area. In particular, the social rent agreement is regulated by Art. 60 Housing Code of the Russian Federation. Within the framework of such an agreement, the following is carried out:

• registration of a citizen (family) as in need of improved housing conditions;
• the order of receipt of living space is observed;
• Once an agreement has been concluded, the participants must strictly comply with its terms.

In other words, a social tenancy agreement is a legal act, through the conclusion of which housing is transferred from a state or municipal fund for the use of a citizen who needs it. The parties to the transaction are:

It is important to understand that the article describes the most basic situations and does not take into account a number of technical issues. To solve your particular problem, get legal advice on housing issues by calling the hotlines:

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• the owner of the living space ( landlord ) - a state or municipal fund;
• citizens ( tenants ) - a list of categories of people entitled to such housing is approved by law.

The owner transfers the living space for use, and the tenant undertakes obligations for its maintenance and protection. Any changes are formalized by an additional agreement.

The following categories of citizens can apply for social employment:

Attention. If you have any questions, you can consult a lawyer for free by phone: +7 (499) 553-09-05 in Moscow, +7 (812) 448-61-02 in St. Petersburg, +7 (800) 550-38 -47 throughout Russia. Calls are accepted 24 hours a day. Call and solve your problem. It's fast and convenient.

1. Low-income families.
2. Military personnel in need of housing.
3. Employees of government agencies.

For each applicant, the area of ​​the home is individually calculated in accordance with the standard norm. After drawing up the legal act, the tenant can register in the received living space and register his family members there.

According to Art. 60 of the Housing Code of the Russian Federation , the agreement is unlimited. The subject of the transaction is the home that is transferred from the landlord to the tenant. The agreement may be terminated for compelling reasons.

Grounds for termination of a social tenancy agreement

Termination of the agreement should be understood as the termination of its legal validity ahead of schedule. Article 83 of the RF Housing Code establishes the grounds according to which this is permitted:

• By agreement of the parties to the transaction. Termination of a legal act can be completed at any time, because an appeal to the courts is not required.
• At the request of the employer . It is also possible at any convenient time, but written permission will be required from all family members occupying the apartment with the tenant.
• When and his family move The contract will be considered terminated from the moment of their departure.
• At the initiative of the landlord, if the tenant significantly violated the terms of the transaction, thereby causing significant damage. The main conditions are: lack of payment for accommodation and use of communal , destruction of housing, systematic failure to respect the rights and interests of neighbors, use of the apartment in an inappropriate manner. In this way, termination can only be carried out in court.
• Due to the loss of the subject of the contract. If the residential premises are considered dilapidated or unsafe.
• Due to the death of the tenant , if he alone occupied the living space.

As a result of termination of the agreement, the tenants will leave the premises or be forcibly evicted, based on a court decision. Moreover, other housing is not always provided.

Termination of the contract by agreement of the parties

Termination of a social tenancy agreement can occur voluntarily and judicially . If both parties to the agreement wish to do this, then it is enough to formalize the decision. The only thing that is required from the tenant is to bring the apartment to its original condition.

The procedure for terminating a social tenancy agreement is as follows:

1. The tenant submits a written application from all persons living in the apartment to the executive authority. If termination of the agreement was planned, then the citizen must notify the landlord three months before the event.
2. All necessary documents are attached to the application.
3. After reviewing the application and examining it for errors, the department employee makes a decision to terminate the contract.

Voluntary termination of an agreement can occur for various reasons. This is possible in cases where the tenants wish to move or the single tenant has passed away. The deed is considered terminated from the moment the citizen left the home and handed over the keys and documentation to the owner. All other cases are considered exclusively in court .

Termination of the contract in case of departure of the tenant

If the termination of a social tenancy agreement is related to the relocation of the tenant, then he submits an application to the executive authority indicating the reasons for his decision. Also, all necessary papers should be attached to the document, including the voluntary consent of all persons living in the apartment.

The living space is transferred by decision of the department and the tenant must hand it over to the landlord in its original form. To confirm the fact of satisfaction of the parties, an act of acceptance and transfer of documentation, keys and other items that were in the apartment before the tenant’s arrival is drawn up.

The agreement ends after the tenant moves out and hands over the keys to the home.

Termination of the contract at the request of the lessor

At the common wish of the parties to the transaction or at the initiative of the owner of the home, the social tenancy agreement may be terminated .

If the transaction is terminated by the decision of the owner of the living space, the termination of the social tenancy act is carried out only by a court decision.

This is necessary for the reason that the issue is controversial and only a court can make a decision regarding the stated claims of the parties.

To terminate the agreement in court, the applicant should follow the following procedure:

1. After receiving information about the employer’s systematic violation of the social tenancy agreement, send him a notice to resolve this problem by eliminating the claims, or terminate the contract voluntarily.
2. If the tenant does not resolve the issue, then the landlord has the right to file a claim in court .
3. The application is drawn up indicating the landlord's claims, which must be supported by factual evidence. view and download a sample document here: [Statement of claim for termination of a social tenancy agreement];
4. If the decision is made in favor of the landlord, then he applies this document to the administration and submits an application to terminate the agreement.

List of required documents for terminating a social tenancy agreement

If the agreement is terminated by agreement of the parties, an application is submitted to the administration dealing with this issue. The following documents are attached to the application:

• copies of personal documents of all family members (passports, birth certificates);
• copies of documents confirming the relationship between family members (marriage or divorce certificate, adoption certificate, death certificate);
• certificate of registration of the applicant and his family at the specified address;
• municipal rental agreement.

In the event that termination occurs in court, the landlord will first be required to file a claim in court, indicating the grounds for termination and factual evidence of the tenant's violation of his duties. Only if there is a decision on eviction, the owner has the right to terminate the social tenancy act in the generally accepted way by submitting the listed documents.

The most popular questions and answers regarding termination of a social tenancy agreement

Question : My name is Fedor, and I am considered the tenant of a two-room municipal apartment . From the first day of moving in, I did not get along with the local house committee, an older woman.

She is not happy with my work schedule and lifestyle. The fact is that very often I work at home at night, but this does not mean that I listen to loud music or make rows.

Perhaps I make some unnecessary noise, but it happens within the apartment and unsystematically.

Unfortunately, over time the situation has only worsened and now she is not happy with the fact that guests come to me in the evening. She complained to the administration, and now they are going to file a lawsuit against me to terminate the employment agreement. Can the listed points be the reason for making a positive decision and what should I do in this situation?

Answer : Dear Fedor, you have nothing to fear. According to Art. 83 of the Housing Code of the Russian Federation , termination of a municipal tenancy act can occur at the request of the landlord only if there are mandatory grounds.

Moreover, if there are grounds, the lessor, when filing an application with the court, must support his words with factual evidence .

To strengthen your position, you should file a counter-complaint regarding the constant attacks of the house committee or take your claims to court.

Conclusion

As a result, several conclusions can be formulated:

1. An agreement on social hiring allows you to regulate the relationships that develop within the framework of such actions.
2. The parties to the transaction are: the owner of the property and another citizen who has grounds for receiving it for temporary use.
3. Termination of an agreement means the termination of its validity and loss of legal significance.
4. The conditions for terminating a social tenancy agreement must be specified in the text of the document.
5. The act is terminated either voluntarily by the consent of the participants, or may be terminated through judicial proceedings.

Samples of applications and forms

You will need the following sample documents:

• Statement of claim for termination of a social tenancy agreement

List of laws

• Article 60 of the RF Housing Code
• Article 83 of the RF Housing Code

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Article 83. Termination and termination of a social tenancy agreement for residential premises

Article 83. Termination and termination of a social tenancy agreement for residential premises

1. A social rental agreement for residential premises may be terminated at any time by agreement of the parties.

2. The tenant of a residential premises under a social tenancy agreement, with the written consent of his family members living with him, has the right to terminate the social tenancy agreement at any time.

3. If the tenant and his family members leave for another place of residence, the social rental agreement for residential premises is considered terminated from the date of departure, unless otherwise provided by federal law.

• 4. Termination of a social tenancy agreement at the request of the landlord is permitted in court in the following cases:
• 1) failure by the tenant to pay for housing and (or) utilities for more than six months;
• 2) destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible;
• 3) systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises;
• 4) use of residential premises for other purposes.

5. The social tenancy agreement for residential premises is terminated due to the loss (destruction) of the residential premises or the death of the tenant who lived alone.

Determination of the Constitutional Court of the Russian Federation dated February 28, 2017 N 433-O
“On the refusal to accept for consideration the complaint of citizen Dmitry Anatolyevich Ledenev about the violation of his constitutional rights by Article 83 of the Housing Code of the Russian Federation”

1. In his complaint to the Constitutional Court of the Russian Federation, citizen D.A.

Ledenev challenges the constitutionality of Article 83 of the Housing Code of the Russian Federation, applied in the case with his participation, and in fact its part 3, according to which in the event of the departure of the tenant and his family members to another place of residence, the social tenancy agreement for residential premises is considered terminated from the date of departure, unless otherwise provided for by federal law.

Ruling of the Supreme Court of the Russian Federation dated September 27, 2016 N 74-KG16-29
Requirement: On recognition as having lost the right to use residential premises, on exclusion from the number of persons entitled to receive a municipal apartment.

Circumstances: The plaintiff refers to the fact that he was the tenant of the residential premises, in which the defendants were also registered, who voluntarily left the residential premises, and therefore lost the right to use it.

At the same time, the house in which the disputed apartment is located was declared unfit for habitation and subject to resettlement.

Decision: The claim was denied, since the defendants’ departure was of a valid nature and was caused by the unsuitability of the disputed residential premises for habitation. At the same time, the defendants continued to pay for housing and utilities, which is documented.

In accordance with Article 83 of the Housing Code of the Russian Federation, a social tenancy agreement for residential premises is considered terminated from the day the tenant of the residential premises and his family members leave for another place of residence.

Ruling of the Supreme Court of the Russian Federation dated September 20, 2016 N 3-КГ16-2
Requirement: On termination of the lease agreement for official residential premises, eviction from official residential premises without the provision of other residential premises, deregistration.

Circumstances: According to the plaintiff, the defendants are obliged to vacate the office premises they occupy in connection with the acquisition of ownership of other housing.

In the cassation appeal, the applicant refers to the fact that the Judicial Collegium for Civil Cases of the Supreme Court of the Komi Republic incorrectly interpreted and applied part 4 of Article 83, Articles 99, 101, 102 of the Housing Code of the Russian Federation, indicating that the loss or lack of a person’s right to be a registered as in need of housing in connection with the acquisition of housing property by him, is an unconditional basis for eviction from official housing.

Ruling of the Supreme Court of the Russian Federation dated July 26, 2016 N 35-КГ16-14
Requirement: On recognition of the loss of the right to use residential premises and deregistration.

Circumstances: The plaintiff refers to the fact that the defendant, her son, registered in the disputed apartment, does not live in this apartment, does not pay utilities, does not have his things in the apartment, but he refuses to voluntarily deregister.

Decision: The case was sent for a new trial, since the court did not take into account the fact that the plaintiff, when filing these demands in court, in support of her claim referred to the voluntary departure of the defendant from the disputed residential premises.

When reconsidering the case, the court should take into account the above and resolve the dispute in accordance with the requirements of the law, establishing the circumstances relevant for the correct resolution of the dispute in relation to the provisions contained in Part 4 of Article 31, Article 83 of the Housing Code of the Russian Federation.

Ruling of the Constitutional Court of the Russian Federation dated May 26, 2016 N 963-O
“On the refusal to accept for consideration the complaint of citizen Natalya Stepanovna Sklyarova about the violation of her constitutional rights by clause 3 of part 4 of article 83 and part 1 of article 91 of the Housing Code of the Russian Federation”

In his complaint to the Constitutional Court of the Russian Federation, N.S.

Sklyarova challenges the constitutionality of paragraph 3 of part 4 of Article 83 of the Housing Code of the Russian Federation, according to which termination of a social tenancy agreement for residential premises at the request of the landlord is permitted in court in the event of a systematic violation of the rights and legitimate interests of neighbors, which makes it impossible to live together in the same residential premises, and Part 1 of Article 91 of this Code, according to which, if the tenant and (or) members of his family living with him use the residential premises for other purposes, systematically violate the rights and legitimate interests of neighbors or mismanage the residential premises, allowing for its destruction, the landlord is obliged warn the employer and his family members about the need to eliminate violations; if these violations entail the destruction of the residential premises, the landlord also has the right to assign the tenant and his family members a reasonable period to eliminate these violations; If the tenant of the residential premises and (or) members of his family living with him, after warning the landlord, do not eliminate these violations, the guilty citizens, at the request of the landlord or other interested parties, are evicted in court without providing another residential premises.

Order of the Ministry of Industry and Trade of Russia dated 14.10.

The lease agreement for office residential premises may be terminated in court at the request of the Landlord if the Tenant and his family members living with him fail to fulfill their obligations under the lease agreement for office residential premises, as well as in other cases provided for in Article 83 of the Housing Code of the Russian Federation.

Order of Rosrybolovstvo dated September 13.

2016 N 569 On approval of the procedure for including residential premises of the housing stock of the Russian Federation, assigned with the right of operational management to the Federal Fisheries Agency, into a specialized housing stock classified as service residential premises, as well as the exclusion of residential premises from a specialized housing stock and the procedure for providing service residential premises premises of specialized housing stock at the Federal Fisheries Agency

The contract for the lease of office premises may be terminated in court at the request of the Landlord if the Tenant and his family members living with him fail to fulfill their obligations under the contract for the lease of office premises, as well as in other cases provided for in Article 83 of the Housing Code of the Russian Federation.

Termination of a social tenancy agreement

• Under appropriate circumstances, their use may be discontinued.
• The main legislative standards regulating the positions of the parties upon termination of the designated agreement are focused on the effect of Article 83 of the RF Housing Code.
• The following provisions are established here:

• By mutual agreement, when an agreement is drawn up, the social tenancy agreement is terminated freely, at any time. In this situation, only the written consent of the family members registered in the apartment is required on the part of the tenant. Administration consent is not required.
• The administration has no right to take such an initiative. On her part, proactive actions require legal grounds, in the form of gross violations committed by the employer, recognized by the court.
• When residents move to a permanent place of residence, the agreement loses legal force from the moment of eviction and deregistration.
• The death of a citizen living alone allows for the recognition of a previously drawn up agreement as having lost legal force from the date of death.

Grounds and procedure for terminating a social tenancy agreement

• application from citizens and drawing up an agreement;
• relocation and check-out;
• death certificate of a single person;
• a court decision issued by the administration.

Full registration is based on drawing up an agreement between the citizen vacating the apartment and the authorized official.

In this case, subsequent claims from both parties do not enter into legal force. And the vacated apartment is transferred to third parties from among those on the waiting list who need it (see Concept, functions and types of housing stock).

The exception is cases when the tenant violates the housing rights of his family members, which are protected by the provisions of Article 69 of the Housing Code of the Russian Federation.

In the event of a family departure, the provisions of Article 71 of the RF Housing Code come into force, affecting the legality of termination of social employment. This issue requires judicial review or is resolved within one year.

In the event of the death of a citizen living in a social apartment, a death certificate and an extract from the apartment register indicating the absence of other residents will be required.

Unscrupulous persons are evicted only by court decision. The norms of Article 83 of the Housing Code of the Russian Federation regulate these sanctions for the following situations:

• Significant arrears in rent and utilities, no payments received for 6 months.
• Causing material damage to the premises, in the form of damage and destruction caused by persons using the premises.
• Violation of the legitimate interests of neighbors and their rights, which occurs systematically. Allowed after applying other measures.
• Use of social housing for purposes other than its intended purpose.
• The emergency condition of the building or its destruction.

If changes are required to the terms of social employment, its termination is not required.

Changes are made by a separate document - an addendum, which is attached to the main agreement on the basis of Article 82 of the Housing Code of the Russian Federation.

Such additions may be drawn up no earlier than three months after the adoption of the previous one. Otherwise, they are not limited by anything other than legal norms.