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Civil law. Part II. The powers of the parties to a social tenancy agreement for residential premises, which differ from the powers of the parties to a commercial tenancy agreement for residential premises (the most important)

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44. POWERS OF THE PARTIES TO THE AGREEMENT OF SOCIAL LEASE OF RESIDENTIAL PREMISES DIFFERENT FROM THE POWERS OF THE PARTIES TO THE AGREEMENT OF COMMERCIAL LEASE OF RESIDENTIAL PREMISES

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.

The group of powers of group "b" includes the following (according to the LC RF):

▪ the tenant is obliged to carry out routine repairs;

▪ the tenant is obliged, at his own expense, to restore the premises to their previous condition in the event of unauthorized redevelopment;

▪ the tenant has the right to exchange residential premises, etc.

The question of the circle of persons moved by the tenant to the living space occupied by him is solved differently. In accordance with the LCD, such persons include a spouse, children, parents, and other relatives. Moreover, for the settlement of these persons, the consent of all residents is required. The landlord may prohibit the occupancy of citizens as members of his family living together with the tenant if, after their occupancy, the total area of ​​the relevant residential premises per family member is less than the accounting norm. The consent of the other members of the tenant's family and the consent of the landlord is not required to move in with the parents of their minor children.

When tenants are evicted from a dwelling occupied under a social tenancy agreement, in some cases provided for by law, another dwelling is provided, and when tenants are evicted from a dwelling occupied under a commercial lease, the provision of another dwelling is not provided for by law.

Otherwise, the issue of the responsibility of family members permanently residing with the tenant in the contracts of social rental of residential premises and commercial rental is resolved. Thus, persons residing under a contract of social tenancy of a dwelling are jointly and severally liable with the tenant. And in a family living under a commercial lease agreement, the tenant is responsible to the landlord for the actions of all citizens permanently residing with him, and joint and several liability is possible only if an appropriate agreement is concluded between these persons.

The contract of social rental of residential premises is unlimited, and the contract of commercial rental of residential premises is limited to the period of residence.

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