The petition is considered by the housing commission. Based on the decision, a warrant is issued. As a rule, it is valid for a month.

The received warrant gives the right to sign an agreement on the rental of office space with the administration of the enterprise (the lessor).

How to find out the cadastral value of an apartment by address, you will learn from the article at the link.

Privatization procedure

It is almost impossible to obtain official housing in Russia, that is, it is practically impossible - this is clearly stated in the fourth article of the Housing Code “On the privatization of the housing stock” (part one). But the same article in its second part allows the landlord to transfer ownership at his own discretion.

A positive decision from the homeowner is perhaps the only opportunity for an employee privatize residential premises.

The employee submits a corresponding request, made in writing, to the administration of the enterprise. The law allows no more than two months to consider the request. A prerequisite is ten years of work experience at this enterprise or institution. If the decision is positive, an agreement on transfer of ownership is concluded.

The easiest way is to give housing the status of municipal (carried out at the request of the management of the enterprise). After this, social hiring can be carried out, and then privatization. But even in this case, the employee will entirely depend on the goodwill of the employer, who is not at all obliged to change the status of housing.

Experts recommend periodically monitoring the status of the apartment and not rushing too much with its privatization. Sometimes housing is transferred to the municipal fund due to circumstances beyond the control of employees, which allows privatization to be carried out without hassle and unnecessary worries.

Telephone consultation 8 800 505-91-11

The call is free

Renting office housing

I rented out the service housing, signed a housing acceptance certificate with the administration, did not do a technical inspection report for the apartment, a year later the city’s property treasury made financial claims for repairs already completed, is this legal?

The statute of limitations is three years, so they have the right to present it, but you need to send a written objection to the claims presented to you.

Deadlines for delivery of office housing.

Read your social tenancy agreement carefully; the deadlines should be indicated there. Federal laws do not provide for such deadlines.

I am being transferred to another region to a new duty station. When renting out office housing (there is a rental agreement that states: the tenant carries out current repairs, and the landlord carries out major repairs), they told me that upon settlement they would remove the full cost for major repairs not made in the apartment. To what extent are these eras legal? What is meant by major and current repairs in this situation? If they decide to withdraw money, where are the specific proportions of payment for this category fixed?

If they withhold money for major repairs, then go to court.

The employer, in principle, does not have to pay capital contributions. MKD repair, because This is the responsibility of the owner of the premises. Therefore you don't have to pay. Article 154,169 of the Housing Code of the Russian Federation. Contributions for major repairs must be paid by the owner of the apartment in the apartment building. Contact your landlord to request that this payment be excluded. According to Art. Art. 154.169 of the Housing Code of the Russian Federation, the payer of this contribution is the owner of the property. The owner is abusing his right.

I handed over the official housing to the administration, and took copies of documents on the rental of housing to all offices. Three months have passed already. I went to get the mail and saw there a receipt in my name with a debt of three thousand rubles. My question is, why do they write my name on the receipt for the apartment if I no longer live there and have nothing to do with this apartment?

We need to look at what period. If the debt is for the period. In which you lived in the housing, then this is your duty, Article 153,155 of the Housing Code of the Russian Federation.

The Department of Internal Affairs of the Ministry of Defense of the Russian Federation requires a certificate of delivery of official housing before they make a decision on the allocation of permanent housing. Where will the family live before that? And if they find a reason and refuse - live on the street?

Vladimir, good evening! You provide a notarized undertaking for the delivery of housing. The JO should have explained this issue to you. The text of the obligation will be drawn up by a notary (he will charge you for legal assistance). I wish you success!

Service housing has arrived, but I cannot accept it within 5 days because I am taking exams, and in a month I am leaving to serve in another city, what should I do?

This question must be asked not on the forum, but by writing a registered letter or registered telegram to the body that made the decision to provide you with official housing and resolve the issue of timing with them. Receive documents and clarify that in order to make a decision on rescheduling, it is necessary to provide, since this is an organizational issue, not a legal one, and only the organization can say about its conditions for resolving this issue.

Is it necessary to make repairs (wallpaper, linoleum, etc.) when renting out official housing (not military)?

Hello, you need to study the terms of your contract under which you lived. Study it or contact a lawyer in person in your city. Thank you for your contact to our website, good luck to you and all the best.

What law regulates the procedure for renting out office housing, what condition should the apartment be in (what repairs should be made)?
That's the point! They offered service housing. The previous owner rented out the apartment to KECH; according to her, the apartment was renovated 10 years ago. I took away the interior doors just as I bought them, and replaced them with old ones from the trash, even if they were not the right size.
The apartment has independent heating (heated by a gas boiler), which she took with her.
Should I buy the boiler and doors myself now? And what about the renovation? Everything is old and shabby.

Hello. The law regulates only one point: housing must be suitable for living, and everything else is determined by agreement of the parties.

There are general concepts according to which an apartment should be suitable for living. But such details as what repairs are in what condition, you will not find this anywhere and such legislative acts do not exist.

Good day. The housing is for service purposes. Demand that the owner eliminate these shortcomings since living in such an apartment is impossible. Good luck and all the best.

The unit requires a certificate of delivery of official housing from the previous place of duty, but the fact is that I did not receive official housing and did not submit documents to the queue.

Good afternoon If you did not receive official housing, then you need to get a certificate stating that this official housing was not provided to you.

Hello! It is advisable for you to contact a lawyer in person on this issue; you need to see all the documents on the case, and then make the appropriate decision.

We have service housing. There is an empty apartment below us on the ground floor. They began to prepare it for delivery and began making repairs. We started painting. They use the cheapest and smelliest paint. It is not possible to be at home. I'm on maternity leave with a one-year-old child. There are no relatives living nearby. Is it possible to oblige repairs to be made with more expensive, non-smelly paint? Or is it all useless. Yes, they are extending the renovation, they say we have 5 more objects. When asked to paint everything in one day and forget, I was sent to hell: ((what to do?

Good day. Olga, you need to write a complaint to Rospotrebnadzor, call an ambulance and say that you are suffocating from acetone fumes. All the best, good luck to you.

Olga on the legal rights of citizens and neighbors living in residential premises in the Housing Code of the Russian Federation there are norms: part 4 of article 17 of the Housing Code of the Russian Federation, part 4 of article 30 of the Housing Code of the Russian Federation, they refer to the Decree of the Government of the Russian Federation of January 21, 2006 N 25 “On approval of the Rules for the Use of Residential Premises” and to Resolution of the Government of the Russian Federation dated August 13, 2006 N 491, which states that the use of residential premises is carried out taking into account the rights and legitimate interests of citizens and neighbors living in the residential premises, fire safety requirements, sanitary and hygienic , environmental and other legal requirements. Administrative liability is provided for violation of the rules for using residential premises. You have the right to write a complaint in order to bring unscrupulous neighbors to justice and order to the Management Company, which is obliged to respond in accordance with the Housing Code of the Russian Federation and the specified Rules. Write a complaint to the Housing Inspectorate, Rospotrebnadzor. Contact the local police inspector who is required to draw up a report, conduct a conversation and issue an administrative fine. And always, as soon as neighbors violate the order of residence and the rights of neighbors (Articles 17 and 30 of the Housing Code of the Russian Federation), call the local police officer to draw up a report or call 02 and call the police. Finally, you have the right to appeal the unlawful actions of your neighbors in court, recover moral damages and demand isolation or maintenance of order under penalty of punishment and penalties.

How can I get a certificate about housing insecurity and about the rental of official residential premises from the unit of the Ministry of Internal Affairs where I served under a contract, if I am in another city and it is impossible to go to my previous place of service, because Am I now a contract soldier of the Russian Defense Ministry?

Hello, nothing is easier, open the State Portal. Ulug and register on it, and then make a request to the city in which you rented out housing. Enter your address and they will send you a certificate by mail, fully certified and executed. Good luck to you and all the best.

Please tell me, when renting out office premises, am I required to make repairs?

Please tell me, when renting out office premises, am I required to make repairs? by agreement between the landlord and the tenant, either you make repairs or the tenant pays for several months.

No, of course not, this is the landlord's responsibility. If damage was caused to the premises, the employer must formalize it in a special way and recover it in court.

The husband is an officer. We were denied official housing. Since there is no certificate f 1 about the delivery of official housing and we cannot provide it. Since there is no unit and all the archives have been destroyed (Azerbaijan). We are renting a house for a family of 5 people. Is it possible to sublet? To be paid for by the Ministry of Defense?

The fact that there is no archive is a difficulty for the JO and DIO of the RF Ministry of Defense. Before subletting, you will need to get on the waiting list for office housing. You can apply again, indicating that the archive has not been preserved, and this does not allow you to submit a certificate. Attach answers to requests that the archive has not been preserved.

My husband has been a military pensioner since 1999 and received a housing subsidy. When renting out official housing, they require repairs to be made. They don’t want to accept housing without renovation. Help, is this legal? So what should I do?

No, it’s not legal, get an official answer based on what law they require this, write a complaint to the prosecutor’s office.

Article of the Housing Code of the Russian Federation on the procedure and standards for the delivery of service housing to military personnel.

Why the Housing Code of the Russian Federation, and not the Federal Law “On the Status of Military Personnel”?

The Housing Code of the Russian Federation does not regulate this issue.

How to legally defer a court decision on the rental of official housing to military personnel after receiving a cash subsidy and purchasing housing not at the place of military service. The first contract was signed before 1998.

Apply for a deferment of execution of a court decision

When renting out official housing, am I required to make repairs in the apartment? What document defines repairs when renting out official housing? Thank you.

Good afternoon! Everything needs to be looked at in the rental agreement

Do I need to pay for apartment repairs when renting out office housing? There are no rent debts. Please provide a link to the document regulating the procedure for renting out office housing.

You do not have the right to rent it out without the consent of the owner.

Is there a time limit within which the RUZHO is obliged to issue a certificate of occupancy of official housing?

If you have provided all the necessary documents for renting out a service apartment, then they are obliged to immediately issue you a certificate.

In 2010, he got divorced, rented out his official housing to a management company, and has a certificate of renting. A year later, the ex registered this apartment in her name (she is not a military service member), she has her own contract, receipts come to her for housing, she is registered with her child in this apartment. I have another family, I collected documents for official housing in another garrison, nearby. I went to the eastern region of housing (Vladivostok) and it turns out that this apartment is still registered with me. How can I rent it out if a complete stranger now lives there and has his own contract?

The situation is not entirely clear. At the same time, there cannot be two tenants in one service apartment. If the Federal State Institution "Vostokregionzhilye" does not accept a certificate of your renting out office residential premises, most likely you have submitted the wrong documents. Contact a lawyer; it is not possible to resolve the issue in absentia.

Where can I get a sample agreement with the administration on the rental of official housing after I receive a military subsidy? The obligation to rent out official housing by a certified natarius was not enough for them.

simple written form, I can compose

When renting out office housing, am I required to make repairs there? What laws regulate this?

no you don't have to

Do I need to pay for apartment repairs when renting out office housing? I am a military man, I have no rent debts. The family was discharged. They won’t give us a certificate of delivery until we pay 10 thousand for repairs.

You are not responsible for paying for repairs to a service apartment. This is the responsibility of the property owner.

Is it possible to obtain a certificate of rental of office residential premises using a notarized power of attorney?

Hello. Yes, it's possible

When renting out official housing, I am required to rent out the apartment renovated or the amount is about 25 thousand. Is this legal? And which document can I refer to?

Let THEY link to the document. You are not obligated to make repairs. GOOD LUCK TO YOU

You must hand it in in the condition in which you received it. No worse, no better (this is optional).

I am being transferred to another duty station. Is it possible to obtain a certificate of rental of official housing by writing an undertaking without renting out an apartment in order to obtain official housing at a new duty station.

The certificate is issued upon delivery

When renting out official housing, am I required to make repairs in the apartment? And what document normalizes this procedure? The receptionist is picky.

You don't have to do anything.

Inna, good afternoon.

There is no direct indication that a serviceman, when renting out official housing, is required to make repairs, but in order to obtain a certificate of renting out housing, you need to provide certain documents, including an act of acceptance and transfer of housing, which in turn reflects the repairs or No.

Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280
"ABOUT
provision to military personnel of the Armed Forces of the Russian Federation
residential premises under a social tenancy agreement and office residential premises
premises"

17.
In the event of vacating residential premises occupied by military personnel and
members of their families living together with them, with the exception of residential
premises in their ownership, military personnel are obliged
send to the structural unit of the authorized body at the location
location of the vacated residential premises documents confirming
vacating this premises, about which the structural military personnel
division of the authorized body a certificate is issued (sent)
recommended sample in accordance with Appendix No. 10 to these Instructions.

GUARANTEE:

By decision
VK Supreme Court of the Russian Federation dated November 24, 2011 N VKGPI11-69 paragraph 18
of this appendix is ​​recognized as not contradicting the current
legislation regarding the words “It cannot be concluded with a military personnel
social tenancy agreement for the provided residential premises prior to delivery
residential premises"

18.Can't happen with military personnel
a social tenancy agreement has been concluded for the provided residential premises until
delivery of residential premises, specified in paragraph 17
of this Instruction, in cases of expiration of the deadline for implementing the decision on
providing them with living quarters, as well as their loss before imprisonment
social tenancy agreement for residential premises grounds for receiving
residential premises provided to him, about which the authorized body
delivers against receipt or in another way indicating the fact and date
receiving it, the military personnel had a reasoned refusal.

METHODOLOGICAL MANUAL ON PROVIDING MILITARY SERVICEMEN WITH RESIDENTIAL PREMISES

2.5.Renting out of service residential premises

Military personnel, citizens discharged from military service, and members of their families are obliged to vacate service residential premises and hand them over in the prescribed manner to the authorized housing authority in the following cases:

When providing housing for permanent residence; - when transferring to a new duty station;

Upon dismissal without the right to receive housing.

Documents required to obtain a certificate of rental of official housing:

A statement in any form that the serviceman is renting out official residential premises, to which the following documents are attached:

Copies of passports of all persons registered in the official residential premises with a note on deregistration, birth certificates of children who do not have a passport with departure sheets;

A copy of the financial personal account; - a certificate from the accounting department of the management company about the absence of debt for utility services;

An extract from the house register with a mark of departure (if they were registered in the apartment)/with a note of registration-extract from a military unit (if they were registered at a military unit);

The document providing the basis for obtaining official residential premises (lease agreement for official residential premises or a warrant);

An acceptance certificate drawn up with the management company with notes on the repairs made, on the allocation of money for repairs, on the availability of keys to the apartment/room (passed/failed) (for those who rent out official housing in fact).

If service residential premises are rented out in connection with the upcoming provision of residential premises for permanent residence, the following documents are attached to the above documents:

A copy of the notice for the apartment being received/a copy of the apartment distribution list/a copy of the social tenancy agreement (a copy of the DSN is provided to confirm the departure address, if there is registration at the place of residence (registration) at the address of the official housing and the upcoming deregistration);

An obligation to rent out residential premises, certified by a notary (indicating the period for delivery of official housing, but not more than two months, and the obligation to pay utilities for the use of official residential premises), if the rented residential premises will be vacated within 2 months. after signing the DSN, receiving a decision to provide residential property free of charge.

Note:

According to paragraph 18 of the Instruction, approved by order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280, a social rental agreement for residential premises cannot be concluded with a military personnel before the residential premises occupied by him and his family members, including former ones, are handed over in the established manner

A certificate of rental of residential premises is a document confirming the actual vacancy of residential premises by military personnel serving under a contract in the Armed Forces of the Russian Federation, and members of his family living together with him, including former ones.

Laws on the topic

The sample certificate is determined by the Instruction on the provision of residential premises to military personnel of the RF Armed Forces under social tenancy agreements and official residential premises, approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 N 1280 Read

What documents are needed to obtain a certificate of rental of residential premises?

The following information is posted on the website of the Ministry of Defense, and at their suggestion on many other websites:

Documents required to obtain a certificate of rental of official housing:
A statement in any form that the serviceman is passingservice residential premises, to which the following documents are attached:
copies of passports of all persons registered in the official residential premiseswith a note about deregistration, birth certificates of children, not having a passport with departure sheets;
a copy of the financial personal account;
certificate from the accounting department of the management company confirming the absence of debtfor utilities;
an extract from the house register with a note of departure (if registered inapartment)/with a mark of registration-extract from the military unit (if they were registeredat a military unit);
document providing the basis for obtaining official residential premises (lease agreementofficial residential premises or warrant);
acceptance certificate drawn up with the management company with notes onthe repairs made, the allocation of money for repairs, the availability of keysfrom apartment/room (passed/not rented out) (for those who rent out office housing for fact).

Unfortunately, this information is based either on outdated editions of Orders of the RF Ministry of Defense, or simply because it is always easier to demand from a serviceman than to do it as established by law.

In fact, both the list of documents and the algorithm for renting out residential premises are established in regulatory legal acts.

Laws on the topic

Order of the Ministry of Defense of the Russian Federation dated July 12, 2011 N 1133 “On approval of instructions on the preparation, recording and storage of certificates of rental of residential premises and certificates of lack of residential premises at the place of military service”

Here's what it says:

3. The certificate is issued by the authorized body of the Ministry of Defense of the Russian Federation in the field of housing provision for military personnel (hereinafter referred to as the authorized body) and a specialized organization (structural unit of a specialized organization) (hereinafter referred to as a structural unit of the authorized body) within 5 working days from the date of receipt of documents confirming actual vacancy of the residential premises specified in paragraph 5 of these Instructions.

4. Organizations of the Armed Forces of the Russian Federation, which are under the jurisdiction of the Ministry of Defense of the Russian Federation, to which residential premises are assigned with the right of operational management, or persons acting under their powers of attorney, after the delivery of residential premises to military personnel, within two days, send information about the delivery of residential premises to the authorized body (structural unit of the authorized body) according to the recommended model in accordance with Appendix No. 1 to these Instructions.

5. The authorized body (structural unit of the authorized body) within 15 working days from the date of receipt from the organizations specified in paragraph 4 of this Instruction, information on the delivery of residential premises for the purpose of issuing a certificate:

• requests from legal entities engaged in the management and operation of the housing stock assigned to the Armed Forces of the Russian Federation, a transfer and acceptance certificate and a certificate of technical condition of service residential premises, an extract from the house register and a financial and personal account;
• requests from the registration authority in the manner established by the legislation of the Russian Federation, information about the deregistration of a military personnel at the place of residence (place of stay).

In order to understand this tricky text, you need to understand the concepts.

Authorized body The Ministry of Defense of the Russian Federation in the field of housing provision for military personnel is the Department of Housing Supply of the Ministry of Defense of the Russian Federation.

Specialized organization(a structural unit of a specialized organization) - are the Regional Housing Directorates (RUHO):

• Zapadregionhousing (Western RUZHO)
• Severregionzhilyo (Northern RUZHO)
• Yugregionzhilyo (Young RUZHO)
• Centerregion housing (Central RUZHO)
• Vostokregionzhilyo (East ROUGEAU)
• Housing Department - JO (for Moscow)

Organizations of the RF Armed Forces, which are under the jurisdiction of the Ministry of Defense of the Russian Federation, to which residential premises are assigned with the right of operational management - these are the territorial departments of property relations of the Department of Property Relations of the Ministry of Defense of the Russian Federation.

Legal entities those carrying out activities for the management and operation of the housing stock - house management and other organizations providing utility services.

How should a residential property be rented out?

The soldier pays all utility bills, if necessary! — carries out ongoing repairs. In what cases and how should current repairs be carried out (or paid for) - read in the following materials.

A serviceman rents out residential premises to an organization engaged in the management and operation of housing stock with the signing of the act acceptance and transfer and certificate of technical condition of the residential premises.

The serviceman submits an application (in any form) to the RUZHO for the issuance of a certificate of occupancy of residential premises.

Request for legal entities engaged in the management and operation of housing stock:

• act of acceptance and transfer and act of technical condition of service residential premises;
• an extract from the house register;
• financial and personal account.

Request in the registration authority in the manner established by the legislation of the Russian Federation:

• information about deregistration of a military personnel
• at place of residence;
• or at your place of residence.

As we can see, the responsibility for requesting all documents rests with the RUZHO, and not with the serviceman.

Is it possible to get a certificate if the residential premises are not actually rented out?

Can!
Herself form The certificate provides for the possibility of recording not only about the surrender, but also about the commission of other actions.

Such records, for example, could be:

• A serviceman privatized an apartment;
• The apartment was exchanged in accordance with the established procedure;
• The serviceman was discharged from this residential premises, which was left for the residence of family members (former family members).

In practice, RUZHO often refuses to issue a certificate to a serviceman on the grounds that the residential premises are not actually rented out. Garrison military courts today are unanimous in recognizing such actions as illegal and oblige Regionhousing to issue a certificate with records of the actions that the serviceman performed with the housing provided.

However, this will not always bring the desired result:

Attention!

Certificate of rental of residential premises with a record of actions taken with housing according to its legal consequences almost always tantamount to... lack of certificate! Namely: in most cases, a serviceman will be denied new housing. The only exceptions are cases where a serviceman, despite the actions taken, received the right to improvement living conditions.

Conclusion: it does not always make sense to waste time, nerves and money on legal battles, since the result may be a positive, but useless decision.

How many certificates must a soldier submit?

The serviceman provides one certificate of rental of service residential premises (lack of provision of service residential premises) at the previous place of military service. Broad interpretation by RUZHO specialists of this rule and the requirement to provide certificates from all previous places of service is illegal.

The very fact that a serviceman received residential premises at his previous place of service means that he rented out residential premises at his previous place of service. As for the certificate of insecurity with residential premises, the form of the certificate itself provides a column about withdrawn (returned certificates)

Certificate of insecurity with residential premises

In order to prepare a certificate of insecurity, the Regional Housing Administration requests:

in the personnel department:

• an extract from the order of transfer (dismissal) and exclusion from the lists of the military unit of the serviceman;
• an extract from the military service record (indicating the places of military service);
• a copy of the military personnel identification card;
• copies of passports of the serviceman and his family members (birth certificates for minor family members);

from the military unit at the place of military service:

• a certificate from the Ministry of Defense of the Russian Federation indicating that the serviceman is not provided with housing;

from the authorized body (structural unit of the authorized body) –

• information about the issuance of a certificate of insecurity at the previous place of service.

As we see, for a certificate of insecurity with housing, a serviceman does not have to submit any documents; request all documents - ROUGEAU's responsibility.

Attention: deadlines!
Violation of deadlines can lead to adverse consequences

Information requested from the personnel authority and military unit must be sent to the Regional Housing Administration by the authorized body within 10 working days from the date of receipt of the relevant request.

The concept and features of official housing provided to military personnel

Any official housing provided to an officer (or warrant officer) is part of the specialized housing stock belonging to the military department. A citizen who has entered into a contract for service has the right to be provided with a separate service apartment, a private house or a room in a dormitory.

The premises allocated for temporary accommodation of military personnel and their families must be suitable for habitation. For example, it is not allowed to accommodate several families of military personnel in one service apartment. Usually, living quarters are provided on the territory of the area in which the officer (or warrant officer) serves, but if it is not possible to provide the serviceman with official housing at the location of the unit, then the commander (chief) must place his subordinate in a nearby populated area.

The officer (or warrant officer) is provided with living quarters within three months from the date of his arrival.

The area of ​​the provided official housing must comply with the security standards established by law. Currently, for one person this value is 18 square meters (for a single serviceman, the standard can be doubled). In cases where it is not possible to fulfill this requirement, a citizen who has arrived for service may be accommodated with his family in a smaller premises suitable for short-term residence or in a maneuverable premises, but only with the consent of the serviceman himself.

Which military personnel are entitled to service housing?

The following categories of military personnel have the right to apply for housing from the service fund of the military department:

1.officers (or warrant officers) who entered into a contract before January 1998;

2. citizens who were appointed to positions after receiving education in military professional educational institutions;

3. officers who entered into their first contract after January 1998;

4. warrant officers, sergeants and sailors who entered into a contract after 1998;

5.military personnel who are participants in the housing mortgage system (but until they purchase or receive an apartment for permanent residence);

6. citizens undergoing military service in closed military camps.

The above list is exhaustive; military personnel who were not included in it (citizens serving on conscription, citizens of foreign countries) are not provided with official housing of the military department.

Features of service housing for military personnel.

The following features of office residential premises can be distinguished:

Service housing cannot be privatized, since it is part of a specialized fund of the military department, which cannot be transferred to private ownership. Privatization can only be carried out if the residential premises are transferred to the municipality;

Service housing cannot be donated, sold or inherited. It is also not subject to exchange, even if the citizens wishing to carry out this transaction live in the same house;

A lease or sublease agreement cannot be concluded in relation to official housing, even if the serviceman is forced to move due to a change in his place of service;

After termination of a contract, a serviceman is obliged to vacate the official residential premises provided to him at his own request;

Participants in the mortgage system who purchased housing during their service period using funds from a targeted loan, but in another city, also have the right to be provided with service apartments (or other residential premises).

Procedure for obtaining official residential premises

To obtain housing from the service fund of the military department at the place of service, an officer (or warrant officer) must submit an application to one of the divisions of the Housing Department of the Ministry of Defense of the Russian Federation (hereinafter referred to as the Department of Defense of the Russian Federation). Information about the location of this institution should be located on special information stands of the military unit, on which information is usually posted, for example, about the daily routine, regulations of duty hours, etc.

The serviceman attaches the following documents to the above application:

Copies of identity documents of both the officer (or warrant officer) and close relatives living with him;

A certificate confirming the conclusion of a service contract by military personnel applying for official housing;

A copy of a document containing information about the conclusion (or divorce) of a marriage;

A document containing information about the composition of the military personnel’s family;

A document containing information about the presence or absence of residential premises at the serviceman’s place of military service, occupied by the serviceman and members of his family on the basis of a social tenancy agreement or belonging to him by right of ownership;

A document confirming that the living quarters previously provided to the serviceman (including a room in a dormitory) were vacated by him and his close relatives living with him.

After receiving the specified set of documents, the unit of the Joint Defense Department of the Ministry of Defense of the Russian Federation, within ten days (working days), decides on the possibility of adding the serviceman to the list for providing official living quarters.

Structural unit of the Joint Department of the Ministry of Defense of the Russian Federation within three days from the moment of receiving information about the availability of a free apartment (or other residential premises) that can be provided, notifies the serviceman about this.

If the officer (or warrant officer) agrees with the option proposed to him, then he informs the unit of the Joint Defense Department of the Ministry of Defense of the Russian Federation in writing about his decision within five days (the period begins from the day the notification is delivered to the serviceman against signature).

If a serviceman decides to refuse the residential premises of the service fund offered to him, he is also obliged to notify the unit of the Department of Defense of the Ministry of Defense of the Russian Federation within the specified time frame.

If the serviceman does not report his decision at all, then no later than ten days from the moment he receives a message about the possibility of providing housing, this service housing will be distributed to another serviceman.

The next step in the procedure for obtaining a service apartment for a military personnel is the conclusion of a rental agreement for housing from the service fund of the military department, which lists all the persons who will occupy this premises. The agreement also lists the conditions for using the provided premises, the rights and obligations of the parties, as well as cases of termination of the agreement:

1. Subject to agreement of both parties to the contract.

2. At the request of the military personnel (employer) at any time convenient for him.

3. In court at the request of the military department (lessor) in the event of:

Failure of a military serviceman (tenant) and/or members of his family to comply with the requirements of the residential rental agreement concluded by him;

Systematic (for six months) failure to pay fees for the use of a service apartment and provided utilities;

Destruction (or damage) by a military personnel (tenant) and/or his close relatives of the provided housing;

Systematic violation of the rights of other citizens living in the neighborhood; use by a military personnel (tenant) and/or members of his family of the provided apartment for another purpose, contrary to the agreement.

4. In the event of a change in the owner of this residential premises or its transfer to operational management of another department.

Since by its nature the lease agreement for a service apartment is fixed-term, it will be valid only during the period of service of the officer (or warrant officer).

In cases where the composition of the employer's family increases, a serviceman has the right to receive official housing of a larger area; for this he applies to the structural unit of the Department of Defense of the Ministry of Defense of the Russian Federation with a corresponding application, a new certificate of family composition and a copy of the child’s birth certificate.

If the composition of a serviceman’s family has changed due to divorce, but the ex-wife refuses to vacate the living space, then it is possible to evict her from the service apartment by court decision.

The procedure for releasing service housing for military personnel.

After the termination of the rental contract for housing of the service fund of the military department (in connection with the provision of permanent housing to the serviceman, early termination of the contract, etc.), the serviceman and his relatives living with him are obliged to vacate the apartment (or other residential premises) they occupy in three month period.

The document confirming the deregistration of an officer (or warrant officer) is a certificate of rental of residential premises, which must be issued by a structural unit of the Department of Defense of the Ministry of Defense of the Russian Federation.

To receive it, a serviceman must prepare the following set of documents:

Copies of documents (passports, birth certificates) with a note indicating their deregistration, identifying all citizens who were registered in the vacated residential premises;

A copy of the personal account; a document confirming the absence of debt for the provided utility services;

Extract from the house register with a note of departure;

A document that serves as the basis for obtaining official housing, for example, a lease agreement or an order in relation to a service apartment (or other residential premises);

An act of transfer of premises, which reflects information about the technical condition of the premises, repairs, the presence (or absence) of a complete set of keys, etc.

These documents are submitted to the unit of the authorized body in the event of a serviceman being transferred to a new duty station.

If an officer (or warrant officer) is provided with residential premises for permanent residence, then in addition to the above list he attaches:

A copy of the notice of housing allocation;

A notarized obligation to rent out office residential premises, containing information about the timing of vacating the housing, the need to pay for utility services provided, etc.

LEGAL BASIS: Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, approved by order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280

Judicial practice: Decision No. 2A-208/2016 of November 22, 2016 in case No. 2A-208/2016 Ulan-Ude Garrison Military Court; Decision No. 2A-221/2016 2A-221/2016~M-2779/2016 M-2779/2016 dated October 13, 2016, Ussuri Military Garrison Court.