The right to use residential premises and its withdrawal

Last modified: January 2021

You can own real estate and have the right to dispose of it, or retain the right to use residential premises without being the owner. Lack of right to property does not mean termination of use of real estate if permission was previously obtained. The procedure for using living space is regulated by the Civil Code of the Russian Federation and the Housing Code of the Russian Federation.

If a person lives in an apartment that does not belong to him entirely, it is necessary to understand the issues of granting and terminating the right to use residential premises, as well as the rules of life in an area that is used by several residents at once.

What does the right to use premises mean?

Although the right of use does not mean ownership and disposal of housing, it is inextricably linked with private property. During the residence process, conflicts and controversial issues related to gaining access to common territory and amenities are not excluded. If coexistence brings serious discomfort, the owner may want to terminate the right to use the apartment, which legally belongs to him.

How to evict tenants from a rental apartment: without a contract, with children

However, ordinary eviction on the initiative of the owner is impossible if there are no grounds for parting with an inconvenient tenant who is exercising his powers.

The right of use is a rule of law that gives a person the opportunity to live and use property that does not belong to him, having legal grounds for doing so. Residents can decide to live in an apartment owned by another owner without receiving the right to sell, donate or otherwise dispose of square meters.

Depending on the circumstances of gaining access to someone else’s real estate, there are several options for the basis on which the non-owner resolves the housing issue.

Agreement for free use

This is a special document by which a person can obtain the right to live in an apartment or house and not pay for it. This privilege is enshrined in Article No. 36 of the Civil Code of the Russian Federation. At the same time, the article contains terms about:

lender - owner;
borrower - user.

This is important to know: Documents for registration in SNT

The contract must specify passport data, rights with responsibilities and the validity period of the agreement. An example of how this document should look is given here.

Early deprivation of the privilege of free accommodation is possible under Article No. 698 of the Civil Code of the Russian Federation. Thus, a person can be discharged from a property if:

uses it not to live in it;
damages property and communications, does not keep the premises clean and tidy;
does not pay utility bills (this point must be indicated in the contractual agreement).

There may be another basis for discharge. For example, a person may lose ownership of an apartment or house if he rents it out to other people.

Reasons for using residential premises: what are they?

The concept of the right to use residential premises includes cases of allowing citizens to live in residential areas without having formal authority over the property. The basis for this possibility is one of the following situations:

a family member moves into an apartment registered in the name of another close relative;
under a social tenancy agreement (in municipal ownership);
under a contract or order for official housing as part of current employment;
upon admission to a university or college (for applicants and students);
when renting housing (under a rental agreement with the landlord);
when transferring real estate to another owner (for the former owner under a rental agreement);
as a tenant under a free use agreement;
after signing the will.

Each situation has its own characteristics of the design and subsequent application of the opportunity received for a limited period of time or for life.

Cases where the owner’s consent is not required to register a residence permit include the registration of a child in the living space of one of the parents.

Lack of property does not mean exemption from responsibilities and compliance with the rules established within the framework of residence of citizens:

The living space is used for residential purposes only.
The transferred housing must be preserved along with the property located inside it.
Utility bills are paid by all persons who are registered and live in the housing.

Once the authority to use has been granted, it can only be terminated in court if the spouses divorce or the transfer of property to another owner is formalized. Other reasons for going to court are often the intention to forcibly evict a rowdy who is violating the order of peaceful coexistence in the same territory, or refusal to pay utility bills (with the prior receipt of a court order to collect debt for housing and communal services).

Municipal property

If the apartment is provided under a social rental agreement, it belongs to the municipality or the state. Living in such housing without privatization only gives the right to use the residential premises, without the possibility of transferring it to other citizens who do not have family ties with the tenant.

When living in municipal property, you need to be prepared for its loss if:

stop using the allocated meters by moving to another home;
cases of frequent violation of living standards with housing and communal services arrears of more than 6 months, significant damage to property, damage to communications, disruption of order causing disturbance to neighbors, or attempts to use housing for non-living purposes have been established;
the parent is deprived of rights to the child with recognition of the impossibility of an adult living together with a child in the same territory.

Use of official, rented housing, dormitory

Sometimes the basis for the emergence of the right to use residential premises is the personal will of the owner or the emergence of a temporary need to organize a place to live. An agreement is concluded that gives the authority to live in the allocated premises.

The agreement is subject to registration with Rosreestr if:

An annuity was issued on the basis of a lifelong maintenance agreement with dependents.
The lease lasts 12 months or more.

This form of solving the housing problem is provided to employees of government and commercial structures and rent recipients. The latter may retain the opportunity to live in the living space for a specific period or for life. For students and renters, the period of residence is lost when the contract expires. Failure to comply with the terms of the signed agreement will be grounds for eviction.

Testamentary refusal

Real estate can be transferred to heirs by force of law or by testamentary disposition. If the owner has drawn up a will, indicating in it the possibility of transferring property to a specific heir with the condition of maintaining the residence of another registered person in the apartment, without allocating him a share in the property, we are talking about the emergence of a right of use by testamentary refusal.

The legislation provided an opportunity to resolve the housing issue for citizens who lived in an apartment with the owner after his death. The norm was established in accordance with the provisions of Article 33 of the RF Housing Code. Even if the heir decides to sell the property, if the owner changes, the occupant will retain the right to live and use the property.

Free use under contract

There is a special type of agreement that gives the right to live in an apartment without paying fees for it. The features of the agreement on gratuitous use are described in articles of Chapter 36 of the Civil Code of the Russian Federation.

The parties to the agreement are:

the lender, who is essentially the owner of the property;
borrower – a person entitled to use housing.

The contract includes clauses regulating the rights and obligations of the parties, excluding any indication of the conditions under which compensation for the transfer of housing is considered. The agreement can be concluded for any period agreed upon by the parties.

According to Art. 698 of the Civil Code of the Russian Federation, during the period of validity of the contract, the tenant loses the right if he does not pay housing and communal services, damages property, or uses the housing for other purposes. The lender has the right to introduce other rules that allow eviction of a tenant ahead of time, for example, when renting out real estate to another person.

Refusal from privatization

Refusal to participate in privatization: legal features

Living in municipal housing under a social tenancy agreement, citizens have the opportunity to privatize it. This right is granted once if the person living in the apartment has reached the age of majority. If at the time of the first privatization the parents registered the child as the owner, upon reaching his 18th birthday he has the right to participate in privatization again.

The transfer of rights from the municipality to resident citizens is a voluntary measure that can be waived. After privatization, its participants receive shares in real estate and are then free to dispose of them at their own discretion within the framework of civil and housing legislation. Sometimes residents waive their rights in favor of other privatization participants, increasing the size of their shares. After refusal of privatization, the failed owner retains the right to live in the same apartment for life without worsening living conditions.

If the new owners decide to sell or dispose of the housing in another way, buyers or purchasers of housing are obliged to provide the same living conditions to the tenant who refused to privatize part of the municipal property for themselves.

Use of property by relatives

When a person is registered, according to Article No. 31 of the Housing Code of the Russian Federation, the owner has the right to register or evict any family member. A family member includes:

spouse;
parents and children;
uncles/aunts, grandparents, grandchildren and others.

The use of property is not the same as its ownership. However, users of real estate provided by the owner have responsibilities. Along with the owner, all those persons who live in the apartment or house are responsible for maintaining the integrity of the housing. In addition, they have an obligation to use the property only for living and partial payment of utility costs.

Recognition of the right to use residential premises and its termination

If the right of use is disputed or there is a need to terminate it unilaterally, a decision from a judicial authority will be required. The consideration of claims regarding the right and procedure for using housing is considered by the district or city court at the location of the property.

Situations considered by the judicial authority may be related to:

with the right being challenged by the owners or other residents;
with the requirement to grant the right of use to applicants;
with determination of the order of use;
with the termination of residence of citizens who violated the terms of the contract.

When filing a claim, a fee of 300 rubles is paid. Since most often going to court is caused by disputes between parties interested in terminating and preserving the right of use, it is worth paying special attention to cases where eviction of non-owners is possible.