Based on article 80 of the RF LC, the period of residence of temporary residents cannot exceed six months.

The tenant is the person who has assumed responsibility for the housing that is paid for in accordance with the clauses of the social tenancy agreement.

Landlord - the owner of the rented premises or a representative authorized by him, who undertakes to transfer it for an agreed monthly fee or free of charge for temporary use.

Temporary tenants are the responsible persons appointed by the landlord. Before the latter, they periodically report on the condition of the house, pay for and maintain the rented squares in good condition. The law restricts the residence of such owners to a reasonable amount of time to protect the landlords.

Before moving in, the landlord determines the conditions for the tenants under the contract:

• Cases when responsibility occurs: fire, flooding of neighbors, material damage in the room;
• All decisions are made with the consent of the rest of the homeowners;
• The landlord restricts the move-in of temporary residents, provided there is a shortage of squares. The total area should not be less than 10 squares per person. The value varies depending on the region;
• The tenant's maximum stay is 6 months;
• The tenants are accountable to the landlord for every action they take with the apartment or house.

Temporary residents vacate the premises subject to the following requirements:

• At the end of the term specified by the tenant in the lease agreement;
• At the first request, announced by the landlord or one of the homeowners. No more than seven days are given for execution;
• Legal proceedings against temporary tenants take place upon the expiration of the social tenancy agreement, and also if the landlord was refused to vacate the occupied space. A positive decision of the court will be on the side of the latter. All people who previously lived without the appointment of a similar living space are subject to eviction.

Employee Responsibilities Clauses

Free use of housing is allowed to people on the basis of Article 680 of the Civil Code of the Russian Federation.

The conditions for moving in are the following points:

• The general consent of the landlord and all owners living with him is mandatory;
• The conditions for moving in do not contradict the requirements of the RF LC. The norms of quadrature for one resident are taken into account and the room is suitable for living;
• Temporary residence of residents will not exceed 6 months;
• The landlord and cohabitants must be fully informed of the terms of the agreement. The principles of paying for utilities, the date of depositing funds for additional expenses (for radio and television communications, using the Internet) are announced;
• Similar requirements arise for collective ownership by a housing cooperative. The tenant remains the responsible person, and temporary residents are not allowed to dispose of the premises. They can only use and reside in the accommodation provided.

The landlord is subject to eviction by persons who have violated the norms for the maintenance of housing and cohabitation v apartment buildings specified in Art. 67 LCD RF:

• Violation of the terms of payment of utility bills specified in the supplementary agreement to the contract. The tenant is liable to the landlord for all delays;
• The dwelling must be used for its intended purpose;
• The transfer of housing occurs with the natural wear and tear of the premises;
• Current repairs fall on the shoulders of temporary employers;
• All changes in living conditions must be communicated to the landlord;
• The landlord has the right to freely enter his own premises within the time frame agreed with the tenant. This is necessary to inspect the apartment for integrity and monitor compliance with living conditions.

In order to stay in the apartment for more than the maximum period of residence, the tenant will have to again demand the landlord to renew the lease. The countdown of a new period of 6 months will begin anew and the listed provisions will apply (with the exception of those specified in the contract).

additional information

When moving in tenants, the following standards are taken into account:

• Registration rate. Apartments must have 10 sq. M. from common squares. For communal apartments at least 15.
• The provision rate is at least 18 square meters.

In each area, the established norms are approved local authorities management. The agreement between the temporary tenants and the landlord is concluded orally, the listed restrictions remain for 6 months until the day of the eviction of the temporary tenants.

Responsibility of tenants to the landlord occurs in the following cases:

• Noisy accommodation or parties after 22 pm;
• Violation of waste disposal and littering of common areas;
• Dangerous behavior that runs counter to the requirements of fire safety and sanitary and epidemiological standards;
• Transfer of the apartment to third parties living during the absence of the tenant;
• Benefit from renting out premises;
• Using the apartment as a warehouse or production, organizing brothels;
• Change of locks, lack of keys to the apartment from the landlord. The visit by the owner takes place strictly within the terms stipulated in the additional agreement;
• All malfunctions due to fire, flooding, damage to other property in the house are eliminated by the tenant at his own expense in full;
• The renting of the apartment takes place according to the inventory, always in the presence of the tenant. It is not recommended to leave the premises without receiving a signature from the owners about the absence of claims;
• The terms of payment for housing are established by the RF Housing Code before the 10th day of each month.

The rights of neighbors will have to be respected unconditionally. If two owners complain, the tenants are evicted unconditionally.

Housing Code, N 188-FZ | Art. 80 ZhK RF

Article 80 of the LC RF. Temporary residents ( current edition)

1. A tenant of a dwelling under a social tenancy agreement and his family members living together with him, by mutual agreement and with prior notification of the lessor, have the right to allow other citizens to live free of charge in the dwelling they occupy under a social tenancy agreement as temporary residents (temporary residents). The landlord has the right to prohibit the residence of temporary residents in the event that, after their arrival, the total area of ​​the corresponding residential premises for each resident will be less than the accounting rate for a separate apartment, and less than the provision rate for a communal apartment.

2. The term of residence of temporary residents may not exceed six consecutive months.

3. Temporary residents do not have an independent right to use the corresponding living space. The employer is responsible for their actions to the lessor.

4. Temporary residents are obliged to vacate the corresponding living quarters upon the expiration of the period of residence agreed with them, and if the period is not agreed upon, no later than seven days from the day the relevant request is presented by the tenant or a member of his family living with him.

5. In the event of the termination of the contract of social rental of residential premises, as well as in case of refusal of temporary residents to vacate the residential premises after the expiration of the period of residence agreed with them or the presentation of the requirement specified in part 4 of this article, temporary residents are subject to eviction from the residential premises to judicial procedure without providing other living quarters.

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owner of a living space check in

The legislator calls temporary residents citizens who temporarily and gratuitously live with the tenant and his family members who occupy a dwelling under a social tenancy agreement. To live in a dwelling, you have to move into it. The grounds for moving into the dwelling of temporary residents is the legal structure, which consists of the following legal facts: 1) mutual consent of the tenant of the dwelling under a social rental agreement and his family members; 2) prior notification of the landlord about this; 3) the presence of a temporary resident in the residential premises total area for each resident for a separate apartment not less than the accounting norm, and for a communal apartment - not less than the provision rate.

The size of the living space is of great legal importance, since the legislator grants the landlord the right to prohibit the residence of temporary residents in the event that, after their arrival, the total area of ​​the corresponding living space for each resident will be less than the accounting norm for an individual apartment, and less than the provision rate for a communal apartment ( Part 1 of Art. 80 of the LC RF). The accounting rate is minimum size residential premises, on the basis of which the level of provision of citizens with the total area of ​​residential premises is determined in order to register them as those in need of residential premises. As a rule, it is below the housing provision rate. The norm for the provision of living space under a social tenancy agreement is the minimum size of the living space, on the basis of which the size of the total living space provided under a social tenancy agreement is determined.

The law does not require the conclusion of an agreement for the use of the residential premises between the tenant and the temporary tenants, however, according to the theory of contract law, the fact of reaching an agreement between the tenant and the temporary tenants on moving into the residential premises indicates that an agreement for the gratuitous use of property (loan) has arisen between the indicated parties. Free use of residential premises brings together, to a certain extent, legal position temporary tenant with the borrower. At the same time, a comparison of the norms of Art. 80 ZhK RF (temporary residents) with Art. 689 of the Civil Code of the Russian Federation (gratuitous use) gives reason to believe that the rights of the borrower are independent and more guaranteed than the rights of a temporary tenant. This conclusion is based on an analysis of the rules on the termination of the right to use residential premises by these persons. The term of residence of temporary residents cannot exceed six months in a row (clause 2 of Article 80 of the LC RF). If the period of residence of temporary residents is not agreed with the tenant and members of his family, then they must vacate the dwelling no later than seven days from the day the request is made by the tenant or a member of his family living with him. The borrower's right does not terminate ahead of schedule, even if the owner of the dwelling is changed (Article 700 of the Civil Code of the Russian Federation). Since the right to transfer a thing for gratuitous use belongs to its owner or other persons entitled to do so by law or the owner, the lender, as well as the borrower, may refuse the agreement for gratuitous use, concluded without specifying the term, notifying the other party about this one month in advance, unless a different notice period is provided for by the agreement.

Temporary residents do not have an independent right to use the living quarters. Responsibility for their actions to the lessor is borne by the tenant, including the payment of utilities. So, in accordance with clause 12 of Article 155 of the RF LC RF, the payment for utilities provided to temporary residents is paid by the tenant of the dwelling in accordance with an additional agreement with the renter, concluded for the period of residence of temporary residents.

Since temporary residents do not have an independent right to use the dwelling, this right terminates with the termination of the rights of the tenant of the dwelling. In the event of the termination of the social rental agreement for residential premises, as well as in case of refusal of temporary residents to vacate the residential premises they occupy after the expiration of the period of residence agreed with them, and if the period has not been agreed upon, then no later than seven days from the date of submission of demands to vacate the occupied residential premises ... If temporary residents refuse to vacate the dwelling, they are subject to eviction from the dwelling in court without providing another dwelling.

Along with temporary residents, subtenants, guardians, trustees, wards, housekeepers and other persons performing labor functions associated with the need to live at the place of residence are endowed with similar powers to use living quarters. General and special in the legal status of tenants and temporary residents is not considered in this article.

Unfortunately, the housing and legal regime of guardians, trustees, wards and other similar categories of citizens has not been defined. Apparently, the legislator proceeds from the fact that it makes no sense to subject the relations of these persons to tenants, owners, members of housing and housing-building cooperatives to strict legal regulation... At the same time, there is no reason to classify all of the listed persons as temporary tenants and to extend to them the housing legal norms that determine the legal status of temporary tenants. The solution to this issue is entirely at the discretion of the title owners of the dwellings and the persons moving into the dwelling of these title owners. From the point of view of the rights and obligations of these interested parties, they can conclude contracts for the free or paid use of residential premises. In such a situation, one should be guided by the relevant legislation.

The legal status of temporary residents is characterized by the following features:

• 1) the residence of temporary residents is possible only with the consent of the tenant and citizens permanently residing with him;
• 2) the landlord must be notified of the residence of temporary residents, with whom an additional agreement is concluded on the payment of utilities in connection with the residence of temporary residents;
• 3) the landlord cannot prohibit the residence of temporary residents, except for those cases when, after their arrival, the total area of ​​the living space for each resident will be less than the accounting rate for a separate apartment, and less than the provision rate for a communal apartment. For example, the rate of registration in Moscow is set at 10 sq. M. m total area for individual apartments, 15 sq. m of the total area - for communal and hotel-type apartments (clauses 4, 5, article 2 of the Law of Moscow dated January 15, 2003 N 22 "On improving housing conditions residents of the city of Moscow "). The provision rate in Moscow corresponds to the social norm and is 18 square meters of total area per person, with the exception of cases provided for by law (clause 2 of article 10 of the said Law);
• 4) the period of residence of temporary residents cannot be more than six consecutive months. Otherwise, after six months from the date of arrival, temporary residents are subject to eviction;
• 5) the residence of temporary residents is based on a contract of gratuitous use, which can be concluded orally. Temporary tenants do not have a legal relationship with the landlord;
• 6) temporary residents do not have independent rights to use residential premises. Responsibility for their actions to the lessor is borne by the tenant, including for the payment of utilities, they are also responsible for their actions in housing legal relations only to the tenant. In accordance with part 12 of article 155 of the Housing Code, the payment for utilities provided to temporary residents is paid by the tenant of the dwelling in accordance with an additional agreement with the landlord concluded for the period of residence of the temporary residents.

In case of refusal of temporary residents to vacate the dwelling upon termination of the housing relationship, they are subject to forced eviction by a court decision without providing other housing.

According to the Housing Code of the Russian Federation, temporary residents are citizens who are moved in by the tenant of the dwelling or by its owner for a certain period for temporary free-of-charge residence (Article 80 of the RF LC). The moved citizens are not equated to the family members of the employer, therefore eviction of temporary residents carried out without providing them with other living quarters.

Temporary tenants and tenants: what's the difference?

Temporary tenants do not conclude any agreements on the use of the premises and live in it free of charge. They have no obligation to pay for the dwelling and do not bear any responsibility for it to the owner or landlord. Sub-tenants enter into a sublease agreement with the tenant and use the premises for a fee. Another difference between sub-tenants and temporary residents is in the terms of their residence. If the temporary tenants' residence period cannot exceed six months, then the tenants can use the premises for longer.

Moving in temporary tenants imposes additional responsibilities on the person who moved them (tenant).

At first, he must notify the renter of the move. The latter has the right to prohibit residence if, after the arrival of temporary residents living space, attributable to each resident, will be less than the accounting rate. When it comes to communal apartment, the area for each tenant (including temporary ones) must be no less than the area provided (Article 80 of the RF LC).

Secondly, the tenant continues to bear the responsibility for paying for the dwelling and carrying out maintenance. He is also fully responsible to the landlord for the use of the living space by temporary residents for their intended purpose, for their compliance with fire safety, sanitary and environmental standards.

How to evict temporary residents and tenants

Here is an example from the practice of law. One citizen allowed relatives from another city to temporarily live in her apartment until they find a place to live. No real estate lease agreements have been concluded. The relatives liked the apartment, and they were in no hurry to look for a new place to live, even when the owner of the apartment announced that she needed the room for her own needs. The woman was forced to go to court with a claim to evict temporary residents. The court satisfied the plaintiff's claims, but she had to spend both time and money. According to paragraph 2 of Art. 80 LCD RF and Art. 680 of the Civil Code of the Russian Federation, temporary residents cannot occupy the tenant's or owner's living space for more than 6 months, therefore, their further stay is unauthorized. And if temporary residents do not respond to oral demands to vacate the living space, they have to go to court and with a lawsuit for forced eviction.

A feature of the legal relationship of temporary tenants with the landlord is the temporary nature of these relations. Residents are obliged to vacate the premises upon the expiration of the agreed period. In cases where the deadline has not been agreed upon, they must vacate the premises within 7 days after presenting them with a request to leave. If the temporary tenants or tenants refuse to do so, the owner or tenant can go to court to force eviction of the temporary tenants.

It is very important at this stage to seek help from. Indeed, according to the Housing Code, forced eviction is possible not earlier than the court's decision on this comes into force. In the event of a dispute about eviction, a lawyer can suggest the best ways to resolve a conflict situation, advise on the eviction of temporary residents and sub-tenants, protect your interests in court, and monitor the execution of a court decision.

In accordance with Art. 80 ZhK RF temporary residents are citizens settled by the tenant in an apartment on a non-permanent basis and free of charge. The status of such a tenant cannot be equal to that of the tenant's family. There is no legal relationship between him and the owner of the living space.

The temporary tenant differs from the sub-tenant in that the latter enters into a lease agreement with the owner of the apartment, guided by which he pays a monthly fee. The temporary tenant is not burdened with such obligations. Another difference is the presence of the landlord's consent to the residence of the sub-tenant.

The temporary guest has no rights, duties and responsibilities to the tenant. But the fact of moving in imposes the responsibility of the landlord to the owner.

Before moving in, the tenant must inform the landlord of their actions in advance. The landlord can refuse to check in.

The number of people per living space should not exceed certain standards. If this happens, then this fact is a reason for refusing to move in. Another point is the responsibility for timely payment, compliance with fire safety rules and the intended use of the premises.

The relationship is developing in the following order:

• owner;
• tenant;
• temporary tenant.

The tenant in this chain is the link between the owner and the temporary tenant. Close relatives of the sub-tenant can live with him permanently and have an individual status of residence.

A temporary tenant does not have the right to occupy an apartment, without interruption, for more than six months in a row (clause 2, article 80 of the RF LC, 1). If there is a demand, the tenant is obliged to vacate the premises within seven days. Any family member who lives in the same apartment can present a demand orally.

If the temporary tenant refuses to vacate the apartment, the requirement must be stated in writing and filed with the court (clause 5 of article 80 of the RF LC). If the contract between the landlord and the tenant ends, the landlord can evict the temporary tenant without providing an alternative.

The reason may be:

1. Termination of the rights of the tenant, tenant or owner of the premises.
2. The period of residence has exceeded six months.
3. Lack of consent to stay. An appeal was filed for eviction by family members or a sub-tenant.

If a temporary resident refuses to leave the living space on his own, he is subject to eviction without providing other conditions. The concluded agreement indicates the period of residence, if it is not there by default, according to Art. 77 h. 3 of the RF LC, the term is one year. In the absence of a clause in the agreement on the period of residence, the sub-tenant must warn about the release of the property three months before the date.

The subcontract is drawn up on the basis of a lease of living space, and after the expiration of the term specified in the main agreement, the subcontract also expires. Termination can occur on the basis of an agreement between the parties or due to violation of the conditions of use of the premises. This may be a systematic violation of the order, fire safety rules (clause 4 of article 79 of the RF LC).

The sub-tenant directly has the right to terminate the relationship at any convenient time, without any reason. The termination process between the employer and the sub-tenant takes a long time.

After filing a claim in court, the tenant is given time to eliminate the cause of the conflict, since before filing a claim, a warning is given and the reason that gave rise to is indicated. In the event that the court takes the side of the tenant, the sub-tenant is subject to eviction without providing premises.

1. The concluded rental agreement has expired.
2. Early termination of the contract.
3. Termination with the approval of both parties.
4. Violation of the terms of the contract as a result of which the relationship was terminated in court.

A citizen who has arbitrarily occupied a residential area may be forcibly evicted according to a law that has entered into legal force judgment... In such a situation, another apartment or alternative options are not provided.

If the fact of arbitrariness is proven and material damage to the premises is caused during the residence, a criminal penalty may follow in accordance with article (). This type of settlement is recognized if there are no documents certifying the right of residence.

These types of documents are:

1. The contract for the sale and purchase of the occupied premises.
2. Documented privatization.
3. Certificate of inheritance received.

In the case when the evidence is accepted by the court and a decision is made on spontaneous settlement, the defendant, according to the conclusion, cannot occupy the premises. This right belongs to residents living on legal basis ().

Against the will of such citizens, it is possible to evict such citizens only on the basis of a court decision and having a good reason for filing a claim. They can also be evicted from a dwelling that was built illegally. There will be no way to complete the act of purchase and sale or to issue a deed of gift for this type of housing. The fact of residence is recognized as an unauthorized act.

This fact has been repeatedly confirmed by judicial practice. For eviction from the premises, legal grounds are not required according to the decree The Supreme Court RF from 2006. You can apply for the recognition of a dwelling as an unauthorized building on a legal basis without filing an additional requirement for eviction. The building is to be demolished in the future. If a citizen is registered in such a building, a claim must be filed.

Failure to pay for a long period of time may result in eviction. The process takes place only by a court decision and in accordance with the RF LC. It says that the tenant and the family members living with him can be evicted with the provision of an alternative for late payment for utilities within six months.

Without compelling reasons, confirmed by the accompanying document. The release of this order also includes office living spaces. If there is a valid reason, eviction cannot be done through the courts.

These types include:

1. Delay in wages.
2. The presence of a seriously ill relative who needs expensive treatment.

The judge, during the proceedings, considers the specified good reason before making a decision. An unsatisfactory reason for a debt for utility bills may be alcohol abuse, poor memory, or long absences. The presence of such or valid reasons must be proven in court by the party filing the claim.

Apartment rent must be paid on the tenth day of each month. Money can be contributed not only by the employer, but also by close relatives living with him in the rented apartment. The delay countdown starts from the next day and this period lasts six months.

Before submitting statement of claim the landlord sends warning letters asking for payments. And before the decision is made, the eviction process cannot take place. In parallel, the employer receives a demand to pay the entire debt with the accrual of penalties and legal costs (part 14 of Art.). The completed eviction process does not relieve responsibility for rent or utility debt.

When checking out with the provision of another living quarters, it must be, in accordance with general rules and requirements:

1. Six square meters per person.
2. Comply with sanitary and technical standards.
3. There must be insulation from adjacent rooms.
4. Requirements provided by law.
5. Be comfortable.
6. The hotel is located in the same area as the previous place of residence.

The eviction process is considered complete if the following conditions are met:

1. There is a judgment available.
2. The employment contract is considered terminated.
3. There is a living area for which there is a new lease.

In the event of a divorce, the spouse who is not the owner of the premises and does not have share rights, is being moved out of the apartment. Clause 31 of article does not apply in a situation where the apartment was privatized at the time of marriage. And the spouses had equal rights to residential property.

It is impossible to start the process of expulsion of a spouse without divorce. When a family union becomes invalid, all the rights and obligations of the RF IC become irrelevant, except in special cases. The union becomes invalid from the moment of its conclusion.

The law removes the possibility of arbitrary restriction of a tenant's right to receive utilities... They can only be deprived of this through legislation. For example, the supplier has no right to turn off electricity for debts, without a court decision.

Requirement for received housing

After eviction, the provided living space must meet the requirements and standards. These standards are in sanitary conditions, geographic location, and comfort. The comfort of alternative housing should be at the average level, which is located in this locality ().

The degree of comfort can be affected by the presence or absence of hot and cold water, an elevator, a garbage chute, and a layout. The area of ​​the received premises must be equal to the previously occupied apartment or house. The apartment must meet sanitary and fire safety standards. Geographical position new housing must be within the living area from which the citizen was evicted by a court decision.

Eviction from stock housing

The article defines the following residential premises as stock:

1. Service living space.
2. Dorm room.
3. Temporary housing for IDPs.
4. Housing granted to refugees.
5. Social housing for special citizens.

The procedure for eviction from such types of residential premises can be initiated in case of termination of the concluded rental agreement or the expiration of the term for which the agreement was signed. The article allows you to terminate the contract by mutual agreement of the parties involved.