Inheritance of a municipal apartment. How to inherit a non-privatized apartment after the death of the owner? Is it possible to bequeath an apartment that is in a social lease

After the conclusion of a social tenancy agreement, a citizen is transferred the right to life-long use of an apartment (subject to compliance with the clauses of the agreement and Article 83 of the Housing Code of the Russian Federation). In light of this, the death of an employer often confuses his relatives and friends. Potential heirs are often interested in whether it is possible to receive a non-privatized apartment by way of universal succession, or whether the contract will cease to be valid immediately after the death of the tenant. An exhaustive answer to this and other important questions is contained in the provisions of the Civil and Housing Code of the Russian Federation.

Is it possible to bequeath and transfer a non-privatized apartment

The possible composition of the inheritance is established by Art. 1112 of the Civil Code of the Russian Federation - this can be any property that the testator possessed at the time of his death. And the non-privatized apartment on this basis is not included in the hereditary mass. Its owner is the state or municipal housing stock, and the deceased acted only as a tenant.

The death of the tenant entails the termination of the lease only if he lived alone. In other cases, the right to continue it is transferred to a separate category of persons.

However, it is still possible to make a will for non-privatized housing. True, in order for it to really be received by the appointed beneficiaries, the testator must have time to register the apartment as a property and receive title documents for it during his lifetime. In this case, the act of unilateral will should indicate the order to transfer the living space and its exact description (address, number of rooms and other important information) or simply bequeath all present and future property to a specific heir.

Who is the heir if the apartment is not privatized

The successors of a non-privatized apartment are determined only conditionally, since a thing not registered as personal property is not subject to inheritance.

By will

The range of a non-privatized apartment under a will is not limited to a certain category of persons. The future owner of the property has the right to dispose of it freely, appointing heirs at his own discretion, testamentary refusal or simply depriving the heirs of the right to housing by law.

In other words, the heirs of non-privatized real estate by will can be:

• individuals, regardless of citizenship, age and relationship;
• legal entities existing at the time of opening the inheritance;
• the Russian Federation, its territorial units, a foreign state;
• international organizations.

All of the above applies only to the drafting of a will. That is, it is possible to bequeath a non-privatized apartment, but not to receive it by succession. How this is applied in practice can be seen in the following example.

Example. Citizen V. I. Samsonov was a tenant of a state-owned two-room apartment. In the near future, he planned to privatize the living space, but decided not to wait for its registration as a property and bequeath it to his grandson now. To do this, he appeared before a notary and certified his posthumous orders to transfer the apartment by inheritance. He further privatized the dwelling, and after his death it passed, by way of universal succession, to the heir appointed by him.

The outcome could have been completely different if the testator had not had time to complete the privatization of the apartment. In this case, after his death, the will loses its legal force due to the lack of hereditary property (in fact, non-privatized living space is not an inheritance).

By law (no will)

Potential heirs according to the law are determined by Ch. 63 of the Civil Code of the Russian Federation.

They can become:

• in the first place - parents, children, spouse, grandchildren by right of representation;
• in the second - grandfathers, grandmothers, brothers, sisters, nephews by right of representation;
• in the third - aunts and uncles, cousins ​​​​by right of representation;
• in the fourth - great-grandmothers and great-grandfathers;
• in the fifth - children of nephews, great-aunts and grandfathers;
• in the sixth - great-great-grandchildren, nephews, uncles and aunts;
• in the seventh - stepsons, stepdaughters, stepfather, stepmother.

But the inheritance rights of legitimate applicants are relevant only in relation to a temporarily non-privatized apartment, which will subsequently be registered by the testator as a property. As already mentioned, non-privatized real estate cannot be inherited for any of the possible reasons.

Example. The tenant of municipal housing had two legal heirs - a brother and a sister. They lived separately and were not mentioned in the contract of employment. After the death of the tenant, it turned out that the apartment was never privatized, and therefore the legal successors could not get it. The lease was terminated due to the death of the only tenant.

If the testator did not manage to privatize the apartment

If the tenant died without registering the living space for himself, then the established section V of the Civil Code of the Russian Federation is invalid here. The composition and rights of the group of possible heirs are determined by Art. 69 and 70 LCD RF

According to these regulations, the category of future owners of a non-privatized apartment can include persons moved in by the tenant and members of his family. They have equal rights to the use and subsequent privatization of housing.

However, such a circumstance has legal significance only if there is a corresponding entry in the contract of employment. Making an entry on the moving in of new persons (to grant them the right to a share of the apartment after privatization) is made on the basis of a written permission from:

• already registered family members - for moving in father, mother, spouse, adult children;
• family members and the landlord - to include other relatives and dependents in the family;
• court - to make records of the residence of other citizens in the contract.

A family member of the tenant retains the right to use the non-privatized apartment even after the termination of relations with him, for example, after the dissolution of the marriage, subject to further residence in this living space.

The reasons for disagreeing with the move-in of new tenants of already registered persons can be recognized by the court as insignificant. The court can also challenge the landlord's ban. At the same time, it should be taken into account that the outcome of a court decision to challenge or establish the fact of moving into a non-privatized apartment as a family member will depend on the following factors:

1. Joint management of the household with the employer (the presence of a common budget, property, expenses for the purchase of food).
2. Residence time.
3. Availability of rights to other housing.
4. The content of the will of the rest of the family members on this matter.

The consent of the landlord and other citizens living in the apartment is not required when moving in a minor child of any of the tenants.

Grounds for inheritance of non-privatized property

In accordance with the above, we can make an unambiguous conclusion: there are no grounds for inheriting non-privatized property either by law or by will.

The Civil and Housing Codes do not mention such a possibility, but on the contrary, they clearly indicate the legitimacy of inheriting exclusively personal property. While the non-privatized is the property of the state (municipal formation or other territorial unit of the Russian Federation).

How to inherit a non-privatized apartment

After the death of the employer, the contract of social employment requires renegotiation. This right is transferred to one of the family members of the deceased with the consent of the other tenants. If a general agreement has not been reached, all family members will act as co-tenants.

Procedure

To re-register a non-privatized apartment, the future tenant:

1. Enlists the consent of the other tenants of the apartment.
2. Appeals to the territorial department of the department of housing policy and housing stock.
3. Concludes a contract of social employment.

The tenant is chosen unanimously by all registered residents of non-privatized living space. Their consent must be official and expressed in the form of:

1. Signatures under the application for the conclusion of a contract of employment, delivered during a personal visit to the housing stock.
2. A notarized application that can be submitted to the authorized body in the absence of residents.

In case of disagreement of the persons registered on the living space, the re-registration agreement is concluded for all of them, as a result of which the tenants become co-tenants.

To renew the contract, a new tenant (co-tenants) must appear at the housing stock with an appropriate application and a list of documents. Based on this, with the help of an authorized specialist of the body, the municipal housing is re-registered.

The tenant will need to include the following information in the rental agreement:

• their last name, first name and patronymic;
• series and number of the passport of a citizen of the Russian Federation;
• residential address;
• the number of rooms in the apartment, their total footage and the area of ​​\u200b\u200bliving premises.

After the renewal, the new tenant will need to come to the housing maintenance department with a copy of the contract in order to change the data in personal accounts.

Statement

An application for concluding a social tenancy agreement for another tenant (tenants) of a non-privatized apartment is presented by means of a PC or by hand. When choosing the latter option, it is important to ensure that the document is readable (write in a neat, legible handwriting, exclude corrections and blots).

1. Name of the authorized body (local self-government body, management of the department of housing stock).
2. Name, address, telephone number of the applicant.
3. Apartment address.
4. An indication of the previous contract and the reason for its renewal (death of the employer).
5. A list of persons registered in this housing area indicating their full name, date of birth and the presence of family ties with the applicant.
6. List of papers attached to the application.

Documentation

To renegotiate a contract by a local government or housing fund, the following documents are required:

1. Passports of all family members registered in this housing.
2. A tenancy agreement with a deceased tenant and his death certificate.
3. Extract from the house book.
4. Certificate of deregistration of the deceased.

All family members must participate in the renewal procedure. If for any reason this is not possible, they may give written consent certified by a notary.

How to inherit a non-privatized apartment by will

If the testator managed to privatize the state (municipal) living space before the opening of the inheritance, the heirs indicated in the will have the right to proceed with its registration.

Procedure

To receive an inheritance, a testamentary successor must complete the following action plan:

1. Obtain a death certificate of the decedent.
2. Find a will.
3. Prepare other necessary documents.
4. Come to the notary.
5. Write an application for acceptance of the inheritance.

It is possible to accept hereditary living space without going to a notary - in fact. This method of succession implies the performance of the usual actions for the owner of the apartment: living in it, maintaining at his own expense, care, repayment of utility bills, protection from attacks by third parties.

However, the actual beneficiary will not succeed in registering property rights to real estate - for state registration, a certificate of the right to inheritance is required, which is issued exclusively by a notary.

Inheritance procedure, registration

First of all, the successor must obtain a documentary basis for opening an inheritance - a death certificate of the owner of the apartment. It is issued by the territorial registry office at the place of death of the testator.

You can issue a document on the basis of a medical report on the fact of the death of a citizen or a corresponding court decision. And it is issued only to a relative or family member of the deceased. But if the heir under the will is not a relative or spouse, he has the right to receive a duplicate certificate on the basis of the will of the deceased, which indicates him as the successor.

There are two ways to find a will: by independently searching for a copy of the testator or by contacting a notary for information about the presence and location of the act of will.

In the first case, the relatives of the deceased examine his personal belongings and other places where, in their opinion, a will may be kept. In case of failure, you can contact the executor (if he was appointed by the testator) or another trustee of the deceased - perhaps they are aware of the location of the will.

If the first search option did not give a result, the testator has the right to submit a corresponding request to the notary chamber or to any acting notary who will inform the potential successor about the existence of the will and the notary keeping it.

The selected authorized person must meet two mandatory criteria - to have a license and be assigned to the territory of the last registration of the testator.

Statement

As for the application, its successor can write either directly to the notary or independently (with the help of a lawyer).

At the same time, it is important to note one significant feature: if the bequeather declares the acceptance of the inheritance, he officially enshrines his inheritance right and nothing more. He will not be able to register the accepted apartment in the state registration authority. To do this, you will need to provide a certificate of the right to inheritance. And this document is issued on the basis of an application with a corresponding request (it can be submitted later or simultaneously with the adoption of inheritance rights).

If the successor wants to receive a certificate of the right to inherit the apartment without delay (after six months from the date of the death of the testator), it is recommended to write an application "on acceptance of the inheritance and issuance of a certificate of the right to inheritance."

Documentation

The notary will require the following documents for registration of the inheritance under the will:

1. Identity card of the beneficiary.
2. Will.
3. Death certificate of testator.
4. Certificate of removal of the deceased from the place of his last registration.
5. Title deeds for an apartment (in this case, a privatization agreement, an extract from the Unified State Register of Real Estate).
6. A report by an independent expert organization on the appraised value of an apartment or an extract on the cadastral value of a property from the Rosreestr office.

Following actions

Changing the social tenancy agreement is the basis for using the apartment under the same conditions as before the death of the previous tenant. But if the tenants wish, the living space can be privatized, making it the property of one or more universed persons. In the latter case, the apartment passes to the new owners as a joint property in equal shares, which they can subsequently allocate and register in their name in the state registration authorities.

The privatization procedure is also carried out in the housing stock, with the application and consent of future owners, including minors. At the same time, persons under the age of 18 must be included in the contract, provided that they live in the apartment being issued.

If the right to use residential premises belongs exclusively to minors, its privatization is carried out after an application (for children under 14 years old) or permission for applications (for children from 14 to 18 years old) of the legal representatives of future owners, as well as guardianship and guardianship authorities.

For privatization, applicants will need to provide the owner with a package of documents for housing (a plan and an explication from the BTI, data on payment of housing and communal services for the last three months, passports and birth certificates of all residents, a current lease agreement, etc.) and wait for the decision of the housing stock in within two months.

Is it possible to issue a donation for a non-privatized apartment

The grounds for the transfer of rights to property in the order of inheritance and donation are identical - in both cases, the object of transfer must be the property of one of the parties to the transaction.

In other words, the act of donating someone else's living space is impossible, just like inheritance. A non-privatized apartment does not legally belong to the tenant. She is the property of the state.

The inheritance of a non-privatized apartment has a rather specific procedure, not typical for the transfer of officially registered property. But to get the premises in the property is real. But for this, the applicant will need to go through a complex multi-stage procedure with many nuances that are invisible at first glance. In addition, incomplete knowledge of the law can bring unfortunate consequences, which will be impossible to correct.

The situation sometimes develops in such a way that a person lives with his family in municipal housing for many years, and eventually dies without having time to properly register it as a property. In this case, the property is not private property, so the inheritance of a non-privatized apartment is a complex issue.

It is worth clarifying that any real estate becomes the property of a person only after state registration with the Rosreestr authorities. Since 2017, an extract from the USRN has been issued as confirmation of the ownership of the hands.

A citizen has the right to dispose of property only if he has the right of ownership to it. When everything is arranged in accordance with the requirements of the law, it is allowed to transfer real estate by inheritance and include it in a will.

If a person has not had time to privatize housing during his life, he cannot dispose of it. This means that the direct heirs of the tenant will face a number of difficulties.

In accordance with Art. 1112 of the Civil Code of the Russian Federation, only property that belonged to the testator by right of ownership can be included in the estate. A non-privatized apartment cannot be bequeathed or transferred to an assignee in any other way, since it is owned by the local administration or the state.

Only relatives of the deceased tenant can apply for such housing. They can retain the right to live in an apartment and even re-register housing as a property.

Does the non-privatized apartment have heirs?

In a general sense, the inheritance of a non-privatized apartment is impossible either by law or by will. There are only two ways to solve this issue in a legitimate way:

1. Renewal of the contract for relatives who lived together with the tenant.
2. End of the privatization procedure initiated by the testator.

In the first case, after renewing the social tenancy agreement, relatives will be able to privatize the apartment in their own name. Then they will become full owners of housing, but not by way of inheritance, but on the basis of privatization.

If a citizen began privatization during his lifetime, but did not have time to receive ready-made documents, it is likely that relatives will be able to finish what they started and issue an apartment by inheritance. However, in this case, it is often necessary to resolve the issue in court.

How does the inheritance of a non-privatized apartment take place?

The application process depends on the situation. The algorithm of actions depends on several factors:

• the fact that relatives live together with the testator;
• the presence of an indication of the heirs as family members in the contract of social employment;
• whether the privatization process was started during the lifetime of the testator.

Let's consider the features of each situation in more detail.

If the testator began privatization during his lifetime

From the point of view of jurisprudence, the apartment is subject to inclusion in the inheritance mass even in the case when the testator expressed the intention to privatize, but he did not have time to complete the matter.

This intention is:

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• submission by the tenant of municipal housing of the application for privatization (the term for its consideration is two months);
• submission of documents for privatization to the authorized body;
• the absence of the fact of withdrawing the submitted application or a clear intention to do so later.

If the privatization process was launched by the testator, his heirs have the full right to apply for the inclusion of a municipal apartment in the inheritance mass on a general basis. This right is confirmed by the Decree of the Plenum of the RF Armed Forces No. 8 of August 24, 1993.

In such a situation, there is a very high probability that the current owner of the property (municipality or state) will file a lawsuit. In this case, you need to be prepared to document the intention of the deceased relative.

Drawing up a contract of social employment by a relative

If the deceased tenant did not start the privatization process, relatives still have the opportunity to defend their right to an apartment. This is provided for in housing and civil legislation.

In accordance with Article 69 of the Housing Code of the Russian Federation, a tenant under a social tenancy agreement and members of his family have the same powers and obligations in relation to the municipality or the state. If relatives lived together, then after the death of the main tenant, they have the right to continue to use the living space (Article 672 of the Civil Code of the Russian Federation).

Moreover, in accordance with legislative norms, this right is granted to relatives on an indefinite basis. Also, this right is reserved for the former spouse of the testator, if he/she continues to live in the apartment after the divorce.

After the death of the main employer, it is necessary to amend the existing social contract of employment. The status of the employer will pass to one of the family members specified in the contract, with the consent of the rest of the relatives. Thus, the right of residence will be preserved.

Further, if the tenant has not participated in privatization before, he will be able to submit documents and register the living space as private property. The procedure is carried out free of charge. You will only have to pay the state fee for the transfer of ownership, which is 2000 rubles.

For privatization, you must contact the municipality or the territorial office of the MFC.

Inheritance of a municipal apartment in the absence of registration

If the heir did not live with the tenant in a non-privatized apartment, he will not be able to renew the social contract of employment. In this situation, permanent registration (propiska) plays a decisive role.

Thus, the apartment will return to the disposal of the rightful owner - the municipality or the state. Only members of the tenant's family specified in the contract initially have the right to reside and re-register.

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The composition of the inherited property

After the death of a relative, the question usually arises of how the inheritance left after him should be divided and what is included in it. If all the necessary title documents for the property owned by him are available, the procedure looks quite simple and understandable. In particular, if during his lifetime a citizen left a will in which he determined the procedure for distributing his inheritance among relatives, such a division will be carried out in accordance with the algorithm described in the document. If there is no will or is declared invalid, the division of the deceased's inheritance will be carried out according to the law. In other words, it will be possible to determine which of the relatives will receive his inheritance based on the belonging of each of them to succession lines that have priority over each other.

In accordance with, the composition of the inheritance includes things and other property that belonged to the owner at the time of his death. In this regard, in the general case, a citizen does not have the right to inherit property that does not belong to him. At the same time, a non-privatized apartment is actually such, since it is owned by the state or municipality, with which the deceased had a social tenancy agreement. Thus, proceeding from the letter of the law, it is impossible to inherit a non-privatized apartment by persons who had relations with the deceased based on kinship, property or dependence. However, in practice, to regulate this issue, additional norms of the current legislation are quite often applied, which may allow the relatives of the deceased to retain the right to use a non-privatized apartment or even make it their property.

Acquisition of property on the basis of the intention to privatize

Thus, according to established practice, the death of the tenant, which occurred after he expressed his intention to privatize it, may be the basis for inheriting a non-privatized apartment.

The submission of an application for privatization to the relevant authorities is recognized as a means of expressing such intention, and since the current legislation does not provide grounds for refusing such an application, it must be satisfied in due time. However, article 8 of the privatization law specifies that a decision on it must be made within two months, so the possibility that the applicant died before such a decision was received is quite real.
In this regard, the heirs of such an apartment are given the right to complete the privatization procedure initiated by the tenant, thereby gaining the opportunity to inherit the apartment in which he lived. However, the likelihood that this issue will be the subject of a dispute between the heirs and the owner of the housing, that is, the state and the municipality, is quite high. Therefore, it should be borne in mind that, if it is impossible to reach an agreement on this issue, the parties will have to apply to the court in order for it to make a decision on it that is necessary for them.
The determination of the circle of persons who can become recipients of property in the form of an apartment in the event of a court decision in their favor occurs on the basis of the usual procedure for determining the circle of heirs after the death of a citizen. So, if during his lifetime he made a will in which this circle was defined, the persons mentioned in this document, as well as citizens entitled to a mandatory share in the inheritance: minors or disabled children, parents , dependents, spouse or spouse of the deceased. If the will is missing or for one reason or another declared invalid, the composition of the applicants for the inheritance is determined in accordance with the legal procedure, depending on the presence of representatives of each line of inheritance.

One of the documents that plaintiffs will be able to refer to confirm the legitimacy of their claims, in this case, will be paragraph 8 of the Resolution of the Supreme Court “On Certain Issues of Application by the Courts of the Law of the Russian Federation “On the Privatization of the Housing Fund in the Russian Federation” No. 8 dated 08.24.1993 However, this paragraph will be applicable if it is proved that during his lifetime the tenant of the premises did not withdraw the application for privatization or powers of attorney issued for the purpose of its completion. At the same time, it should not be decisive for the judicial authority whether the citizen lived in the apartment in question alone or whether other members of his family lived with him.

Obtaining the right to reside on the basis of a social tenancy agreement

If during his lifetime the person with whom the social tenancy agreement was concluded did not apply for the privatization of the apartment, the possibility of obtaining the right to use it from his heirs still exists. The basis for the heirs to have the right to live in a non-privatized apartment is a social tenancy agreement and its main provisions.
The main provisions defining the conditions for the application of such agreements are spelled out in Chapter 8 of the Housing Code of the Russian Federation. In particular, various articles included in this chapter provide that a social tenancy agreement between the owner of the premises (landlord) and a citizen (tenant), concluded in order to ensure the legitimacy of the latter's residence in this residential premises, imposes on both parties a number of rights and obligations.
Thus, in particular, Article 67 of the Housing Code of the Russian Federation gives the tenant the right to move into the apartment persons who have not previously lived in it, and Article 69 of the same code determines that members of the tenant's family can act as such persons. This category primarily includes children, parents and a spouse of a citizen, but other relatives may also be included if they live with him and run a common household. The inclusion of other persons in the composition of his family members with a corresponding entry in the social contract of employment is possible only in exceptional cases, subject to a court decision.
According to paragraph 2 of Article 69 of the Housing Code of the Russian Federation, family members of the tenant of residential premises have equal rights and obligations with him in relation to the landlord, that is, the state or municipality that owns the apartment. Thus, guided by the content of Article 60 of this document, it should be argued that family members of such a citizen have the right to use and own this residential premises, and such a right for them is unlimited. Moreover, they are saved even for that family member who has ceased to be such, but continues to live in this apartment. Such a mechanism is used, for example, in the event of a divorce, if the ex-wife does not change her place of residence and remains to live in the same apartment with her ex-husband.
Article 82 of the Housing Code of the Russian Federation defines the algorithm that must be implemented in the event of the death of the tenant, that is, the person who is one of the parties to the social tenancy agreement along with the owner of the housing. In particular, she points out that if all other members of the family agree with this scenario, he has the right to demand recognition as his employer instead of the deceased. For example, if a father, mother and two of their minor children lived in the apartment, and the father was the subject of the social tenancy agreement on the part of their family, then after his death, the mother has the right to demand that she be elevated to the status of an employer instead of the deceased father.
Thus, in this situation, such a family member of the deceased citizen and other members of his family retain the entire initial scope of rights that they had during the life of the deceased employer, including the right to live in this apartment and dispose of it in other ways provided for by law.
An important point that should be emphasized in this scenario is the fact that the right to live in this apartment is determined by the fact that the person belongs to the family members of the deceased indicated in the social contract of employment. Merely belonging to the number of relatives, including heirs of the first stage, does not entail the emergence of the right to reside in this apartment. So, for example, if the grandmother and grandson lived in the premises and were indicated in the social tenancy agreement, then after the death of the grandmother, the right to live in the apartment remains only with the grandson. The grandmother's daughter, who is his mother, does not receive such a right in connection with the death of the employer.

Opportunities for family members of the employer

Subsequently, having duly formalized their status, members of the tenant's family may, subject to common consent, settle in this room other persons who meet the conditions described in Article 69 of the LC RF. In addition, in accordance with the law “On the Privatization of the Housing Stock in the Russian Federation”, they can also apply for the privatization of this apartment and, after an appropriate period of time, take ownership of such an inheritance in accordance with the agreement reached between them.
This opportunity is provided to them by the current legal grounds for the privatization of housing in modern Russia. Currently, its procedure is regulated by Federal Law No. 1541-1 of 07/04/1991 "On the privatization of the housing stock". Article 1 of this law establishes that by privatization the legislator understands the free transfer to citizens of residential premises located in the state or municipal housing stock, on the basis of ownership rights. According to article 2 of this law, apartments that citizens use on the basis of social tenancy agreements are subject to privatization. In this regard, family members of the deceased can exercise their right to privatization even after his death.
These two options for the development of events after the death of a tenant who lived in a non-privatized apartment are the most common grounds that give his relatives the opportunity to take over their rights and, after a certain period of time, get the property in which he lived.

Understanding the inheritance of housing is difficult for an ordinary person. Who is entitled to receive an inheritance? How to get inheritance rights? Is it possible to bequeath and inherit a non-privatized apartment (for example, a municipal apartment in which you live on social terms)? About the features of the inheritance of municipal housing, we will discuss further.

Who is the owner of the non-privatized apartment

Citizens can acquire ownership of an apartment through draft transactions (donation, purchase), inheritance, through privatization. If the apartment is not privatized, then the tenants are in it on the basis of a social contract. It grants the right to live in the apartment, to use it. But it is impossible to dispose of such housing in any way.

Non-privatized housing is the property of the municipality or the state. Consequently, only persons authorized by them can dispose of this property. Tenants of municipal apartments are not included in their number.

Inheritance of non-privatized property by law

Rules of inheritance, provisions on the powers of property owners are established by civil law. Inheritance for the recipients of the property of the deceased testator is an opportunity to acquire legal rights to it. But it is impossible to inherit a municipal apartment according to the law.

Only the owner can control the fate of municipal housing. However, in this case, according to its status, it is a legal entity that can only act as an heir in inheritance. Tenants also do not have the authority to leave it to someone as an inheritance. Without a will, inheritance by law in this case is also impossible.

The order and procedure for obtaining such an inheritance

An unprivatized apartment cannot be inherited. Therefore, persons who lived with the deceased should formalize their rights to reside in the apartment in another way. In order not to lose housing, they can:

• renegotiate a social contract with the owner of the housing;
• complete the procedure for the privatization of the occupied apartment initiated by the deceased.

Inheriting public housing after the death of a tenant will not work, nor will it be possible to leave a will for him. Only the owner can dispose of such housing.

Who will get a non-privatized apartment after the death of the owner

Not all citizens understand the difference between privatized and municipal housing. Some believe that once they live in an apartment, then it belongs to them. Therefore, questions arise about who will receive the inheritance in the form of an apartment after the death of the tenant.

Let us remind you once again that non-privatized residential premises are not inherited and are not inherited. Tenants can only retain the right to continue to use the leased housing.

How to enter into an inheritance if the apartment was not privatized by the deceased

It is impossible by law to enter into an inheritance in the form of a non-privatized apartment. Whether the relatives of the family of the deceased, who lived with him, can count on the renewal of the social contract for them. hiring. And after securing their rights to use the apartment, they can privatize it.

Privatization after the death of the tenant of a council apartment is the only way to obtain ownership rights to it. If they are properly designed, then this living space can already be inherited.

Municipal apartment after the death of the tenant

If it is impossible to inherit public housing, then the question arises of who will get it after the death of the employer. If the tenant lived alone, the municipality has the right to accommodate other tenants in the dwelling. Another thing is when other people lived with him.

The tenants of municipal apartments can register their loved ones, if the responsible tenant has died, then the rest of the tenants can ask to re-register the social tenancy for them.

Inheritance of a municipal apartment in the absence of registration

Council flat inheritance with or without registration is not allowed. However, if there is registration in the apartment, the tenants have the right to stay in it legally, as well as to ask to re-register the social contract in their name.

In the absence of residence The tenants do not have the right to stay in the premises. If they lived together with the employer, but were not registered, they have the right to ask through the court to recognize themselves as members of the family of the deceased. If their requirements are met, they will be able to re-register the rental agreement for themselves.

Is a will drawn up for non-privatized real estate

In a will, any citizen has the right to specify , who is the heir to his property. But you can only leave a will in relation to your property. . Tenants do not have this right. If the apartment is state-owned, then the inheritance will not be inherited by persons who lived with the deceased.

Conclusion of a contract of social employment by relatives of the deceased

After the death of the owner of municipal housing, with whom a social contract was concluded, the question of his future fate arises. If there are no other tenants in the premises, then the contract is terminated. The municipality can then enter into a new contract with other tenants.

If the husband is listed as the tenant in the contract, then the wife who lived with him, other relatives can ask for the renewal of the current contract for themselves. The existing contract is amended about the responsible tenant. Let's see how this happens.

According to the Housing Code, it turns out that all persons who lived with the deceased can become new responsible tenants. Therefore, for starters, they should agree on whom to renew this contract. After resolving this issue, you need to submit an application to the local administration.

In addition to the application, you will need to provide the following papers:

• the consent of all other tenants to re-register the contract;
• information about the composition of the family;
• identity document of the applicant.

Based on the results of consideration by the municipality, a decision is made. If it is positive, then the person chosen by the new tenant is invited to sign the papers. Refusal to renew the contract can be appealed by dissatisfied tenants.

Privatization of an apartment after the death of the responsible tenant

Inheritance is allowed only in respect of property owned. You can acquire the rights to municipal housing in the process of its privatization. Persons who are in housing have the right to re-register social hiring for themselves.

After that, the privatization of the apartment is already allowed, which the responsible tenant could not bequeath to you before his death.