Civil law. Part II. Social rental agreement for residential premises (the most important)

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Civil law. Part II. Social rental agreement for residential premises (the most important)

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43. AGREEMENT FOR SOCIAL LEASE OF RESIDENTIAL PREMISES

Under a social tenancy agreement for residential premises, one party is the owner of the residential premises of the state housing stock or municipal housing stock (an authorized state body or an authorized local self-government body acting on his behalf) or a person authorized by him (landlord) undertakes to transfer to the other party - a citizen (to the employer) residential premises for possession and use for living in it on the terms established by law.

The contract is concluded without setting a term for its validity.

A change in the grounds and conditions that give the right to receive housing under a social tenancy agreement is not a basis for terminating the social tenancy agreement.

Features of a social contract of employment living quarters:

a) the subject of this type of contract may be residential premises included only in the state and municipal housing stock;

b) the residential premises indicated in paragraph "a" are intended for provision to vulnerable segments of the population: war veterans, the disabled, poor citizens;

c) granting the right to conclude this type of contract occurs on the basis of the order of needy persons in this locality;

d) the provision of such living space for rent is preceded by registration of persons in need of improved housing conditions, conducted in accordance with the rules provided for by housing legislation;

e) the direct basis for the conclusion of this type of contract for the rental of residential premises is the receipt of an order by the local authority by the future tenant;

f) the contract is concluded by the tenant with the housing maintenance authority on the basis of an order submitted by him;

g) the size of the residential premises issued on the basis of the warrant depends on the number of persons moving into this residential premises, as well as on the norm of living space established at the time of issuance of the warrant, issued per person;

h) payment for the rented residential premises is carried out in accordance with the tariffs in force at the time of payment;

i) the amount of payment by a specific tenant of a dwelling can be reduced if he has the appropriate benefits or if he falls into the category of persons who are subject to the issuance of compensation (subsidies) due to low financial resources;

j) the moment of conclusion of the contract is the signing of its text by the parties and the receipt by the tenant of the keys to the living quarters;

k) the order for the residential premises submitted by the tenant is a legal document that is subject to safekeeping by the housing maintenance organization.

The powers of the parties under a social tenancy agreement are divided into two groups:

a) the powers identical with the powers of the parties to the contract for the commercial rental of residential premises;

b) the powers inherent only to the parties to the social tenancy agreement.

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