Civil Code of the Russian Federation Chapter 35. Renting residential premises. Daily rate apartments.

New edition of Art. 671 Civil Code of the Russian Federation

1. Under a rental agreement for residential premises, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.

2. Legal entities may be provided with residential premises for possession and (or) use on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens.

Commentary to Art. 671 Civil Code of the Russian Federation

1. Meaning. Historically, renting residential premises was a type of lease. As with renting, renting out residential premises is the exercise by the owner of the premises of the right to dispose of his property, and the rights of the tenant are an encumbrance of the residential premises when the owner changes. However, further development has led to such isolation of the residential tenancy agreement that the legislator does not provide for the subsidiary application of the provisions of the rental agreement to it at all.

The need for separate legal regulation of relations related to the rental of housing is caused by their special social significance, which explains, for example, the preferential position of the tenant upon termination of the contract. At the same time, civil law, based on the principle of equality of parties, mainly regulates the commercial rental of residential premises. Only certain civil law provisions apply to a social rental agreement for residential premises (in the state and municipal housing stock for social use), but in general such an agreement is governed by the norms of housing law. In turn, from housing law to a residential lease agreement, for example, requirements regarding the standard of living space per person were transferred.

The science.

According to P.I. Sedugina and Yu.K. Tolstoy, ch. 35 of the Civil Code regulates residential tenancy agreements, which are divided into commercial residential tenancy agreements and social residential tenancy agreements, i.e. We are talking about a system of contracts consisting of one contract type and two of its types. A different point of view is shared by V.V. Vitryansky, who believes that the corresponding chapter is designed for two independent types of contracts: a residential lease agreement, or, what is the same, a commercial lease, and in parallel with it - a social lease agreement (since the chapter lacks a general part, and a commercial lease agreement is not only not highlighted with a list of norms related to it, but not even designated).

The independent nature of the housing rental relationship is also determined by the intended purpose of the residential premises.

Arbitrage practice.

Transactions related to rent (rent of property), gratuitous use, as well as other use of residential premises by organizations not related to the residence of citizens, which were not transferred to non-residential in the manner established by housing legislation, made after the entry into force of the Code, are void on the grounds , provided for in Article 168 (Article 288) (Resolution of the Plenums of the Supreme Court and the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 N 6/8).

2. Characteristics. A residential lease agreement is:

— consensual;

- reimbursable;

- bilaterally binding.

3. Parties to the agreement. The lessor under a commercial lease agreement can be either a legal entity or a citizen: the owner of the residential premises or a person authorized by him. In a social tenancy agreement, only a legal entity can act as a lessor.

Only a citizen can be a tenant under a commercial and social tenancy agreement. Citizens permanently residing with the tenant (not necessarily family members!) have equal rights with the tenant to use residential premises. These citizens are called co-users.

4. The essential terms of the agreement are the terms on the subject of the agreement (Article 673 of the Civil Code of the Russian Federation) and payment for residential premises (Article 682 of the Civil Code of the Russian Federation).

Civil Code of the Russian Federation Part 2

CHAPTER 35. RENTING RESIDENTIAL PREMISES

Article 671. Residential rental agreement

1. Under a rental agreement for residential premises, one party - the owner of the residential premises or a person authorized by him (lessor) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it.

. Legal entities may be provided with possession and (or) use of residential premises on the basis of a lease or other agreement. A legal entity may use residential premises only for the residence of citizens.

Article 672. Lease agreement for residential premises in a social housing stock

(as amended by Federal Law dated July 21, 2014 N 217-FZ)

1. In the state and municipal housing stock for social use, residential premises are provided to citizens under a contract for the social rental of residential premises, under a contract for the rental of residential premises for a housing fund for social use. (as amended by Federal Law dated July 21, 2014 N 217-FZ)

. Members of his family living under a social tenancy agreement with the tenant enjoy all rights and bear all obligations under the tenancy agreement on an equal basis with the tenant.

At the request of the employer and his family members, the contract may be concluded with one of the family members. In the event of the death of the tenant or his departure from the residential premises, the contract is concluded with one of the family members living in the residential premises.

. A social tenancy agreement for residential premises is concluded on the grounds, conditions and in the manner prescribed by housing legislation. The rules of Articles 674, 675, 678, 680, paragraphs 1 - 3 of Article 685 of this Code apply to such an agreement. (as amended by Federal Law dated December 29, 2004 N 189-FZ)

Other provisions of this Code apply to a social rental agreement for residential premises, unless otherwise provided by housing legislation.

4. A rental agreement for residential premises of a social housing stock is concluded on the grounds, on the terms and in the manner provided for by housing legislation. The rules of parts one and two of Article 678, paragraph 3 of Article 681 and Article 686 of this Code apply to such an agreement. Other provisions of this Code apply to the lease agreement for residential premises of a social housing stock, unless otherwise provided by housing legislation. (Clause 4 introduced by Federal Law dated July 21, 2014 N 217-FZ)

Article 673. Object of a residential lease agreement

1. The object of a residential lease agreement may be an isolated residential premises suitable for permanent residence (apartment, residential building, part of an apartment or residential building).

The suitability of residential premises for living is determined in the manner prescribed by housing legislation.

2. The tenant of residential premises in an apartment building, along with the use of residential premises, has the right to use the property specified in Article 290 of this Code.

Article 674. Form of a residential lease agreement

1. The rental agreement for residential premises is concluded in writing.

2. A restriction (encumbrance) on the right of ownership of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least a year is subject to state registration in the manner established by the law on the registration of rights to real estate and transactions with it. (Clause 2 introduced by Federal Law dated July 21, 2014 N 217-FZ)

Article 675. Preservation of a residential lease agreement upon transfer of ownership of residential premises

The transfer of ownership of residential premises occupied under a lease agreement does not entail termination or modification of the residential premises lease agreement. In this case, the new owner becomes a lessor under the terms of the previously concluded rental agreement.

Article 676. Obligations of the landlord of residential premises

1. The landlord is obliged to hand over to the tenant vacant residential premises in a condition suitable for habitation.

2. The lessor is obliged to carry out proper operation of the residential building in which the rented residential premises are located, to provide or ensure the provision of necessary utilities to the tenant for a fee, to ensure the repair of the common property of the apartment building and devices for providing utilities located in the residential premises.

Article 677. Employer and citizens permanently residing with him

1. Only a citizen can be a tenant under a residential lease agreement.

. The contract must indicate citizens permanently residing in the residential premises with the tenant. In the absence of such instructions in the contract, the accommodation of these citizens is carried out in accordance with the rules of Article 679 of this Code.

Citizens who permanently live with the tenant have equal rights to use residential premises. The relationship between the employer and such citizens is determined by law.

. The tenant is responsible to the landlord for the actions of citizens permanently residing with him who violate the terms of the rental agreement.

. Citizens permanently residing with the tenant may, after notifying the landlord, enter into an agreement with the tenant that all citizens permanently residing in the residential premises are jointly and severally liable with the tenant to the landlord. In this case, such citizens are co-tenants.

Article 678. Obligations of the tenant of residential premises

The tenant is obliged to use the residential premises only for living, ensure the safety of the residential premises and maintain it in proper condition.

The tenant does not have the right to carry out reconstruction and reconstruction of residential premises without the consent of the landlord.

The tenant is obliged to pay rent for the premises on time. Unless otherwise specified in the contract, the tenant is obliged to make utility payments independently.

Article 679. Move-in of citizens permanently residing with the tenant

With the consent of the landlord, tenant and citizens permanently residing with him, other citizens may be moved into the residential premises as permanent residents of the tenant. When moving in minor children, such consent is not required.

Move-in is permitted subject to compliance with the requirements of the law on the norm of the total area of ​​living space per person, except in the case of the move-in of minor children. (as amended by Federal Law dated December 29, 2004 N 189-FZ)

Article 680. Temporary residents

The tenant and citizens permanently residing with him, by common agreement and with prior notice to the landlord, have the right to allow temporary residents (users) to live in residential premises free of charge. The landlord may prohibit temporary residents from staying if they fail to comply with the legal requirements regarding the norm of the total area of ​​living space per person. The period of stay of temporary residents cannot exceed six months. (as amended by Federal Law dated December 29, 2004 N 189-FZ)

Temporary residents do not have independent rights to use residential premises. The tenant is responsible for their actions to the landlord.

Temporary residents are required to vacate the residential premises upon expiration of the period of residence agreed upon with them, and if the period is not agreed upon, no later than seven days from the date of presentation of the corresponding demand by the tenant or any citizen permanently residing with him.

Article 681. Repair of rented residential premises

1. Routine repairs of rented residential premises are the responsibility of the tenant, unless otherwise provided by the rental agreement for residential premises.

. Major repairs of rented residential premises are the responsibility of the landlord, unless otherwise provided by the rental agreement.

. Re-equipment of a residential building in which rented residential premises are located, if such re-equipment significantly changes the conditions of use of the residential premises, is not permitted without the consent of the tenant.

Article 682. Payment for residential premises

1. The amount of payment for residential premises is established by agreement of the parties in the rental agreement for residential premises. If, in accordance with the law, a maximum amount of payment for residential premises is established, the payment established in the contract should not exceed this amount.

. Unilateral changes in the amount of payment for residential premises are not permitted, except in cases provided for by law or agreement.

. Payment for residential premises must be paid by the tenant within the time limits stipulated in the rental agreement for residential premises. If the contract does not provide for deadlines, the payment must be paid by the tenant monthly in the manner established by the Housing Code of the Russian Federation.

Article 683. Term in a residential lease agreement

1. A residential lease agreement is concluded for a period not exceeding five years. If the contract does not specify a term, the contract is considered to be concluded for five years.

. The rules provided for in paragraph 2 of Article 677, Articles 680, 684 - 686, and paragraph four of paragraph 2 of Article 687 of this Code are not applied to a residential rental agreement concluded for a period of up to one year (short-term rental), unless otherwise provided by the agreement.

Article 684. Preemptive right of the tenant to conclude an agreement for a new term

Upon expiration of the residential lease agreement, the tenant has a pre-emptive right to conclude a residential lease agreement for a new term.

No later than three months before the expiration of the residential lease agreement, the landlord must offer the tenant to conclude an agreement on the same or different terms or warn the tenant about the refusal to renew the contract due to the decision not to rent out the residential premises for at least a year. If the landlord has not fulfilled this obligation and the tenant has not refused to extend the contract, the contract is considered extended under the same conditions and for the same period.

When agreeing on the terms of the contract, the tenant does not have the right to demand an increase in the number of persons permanently residing with him under the residential lease agreement.

If the landlord refused to extend the contract due to the decision not to rent out the premises, but within a year from the date of expiration of the contract with the tenant entered into a rental contract for residential premises with another person, the tenant has the right to demand recognition of such an agreement as invalid and (or) compensation for losses caused refusal to renew the contract with him.

Article 685. Subletting of residential premises

1. Under a residential sublease agreement, the tenant, with the consent of the lessor, transfers for a period of time part or all of the premises he has rented for use to the subtenant. The subtenant does not acquire independent rights to use the residential premises. The tenant remains liable to the landlord under the residential lease agreement.

2. A sublease agreement for residential premises can be concluded subject to compliance with the requirements of the law on the norm of the total area of ​​​​living premises per person. (as amended by Federal Law dated December 29, 2004 N 189-FZ)

3. The sublease agreement for residential premises is paid.

4. The term of the residential sublease agreement cannot exceed the term of the residential rental agreement.

5. In case of early termination of a residential tenancy agreement, the sublease agreement for residential premises is terminated simultaneously.

6. The rules on the preemptive right to conclude an agreement for a new term do not apply to a residential sublease agreement.

Article 686. Replacement of a tenant in a residential lease agreement

1. At the request of the tenant and other citizens permanently residing with him, and with the consent of the landlord, the tenant in the rental agreement for residential premises may be replaced by one of the adult citizens permanently residing with the tenant.

2. In the event of the death of the tenant or his departure from the residential premises, the contract continues to be valid on the same terms, and the tenant becomes one of the citizens permanently residing with the previous tenant, by common agreement between them. If such agreement is not reached, all citizens permanently residing in the residential premises become co-tenants.

Article 687. Termination of a residential lease agreement

1. The tenant of a residential premises has the right, with the consent of other citizens permanently residing with him, to terminate the rental agreement at any time with a written warning to the landlord three months in advance.

. A residential rental agreement may be terminated in court at the request of the landlord in the following cases:

failure by the tenant to pay for the residential premises for six months, unless a longer period is established by the contract, and in case of short-term rental, in case of failure to pay the payment more than twice after the expiration of the payment period established by the contract;

destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible.

By a court decision, the tenant may be given a period of no more than a year to eliminate the violations that served as the basis for terminating the rental agreement. If, within the period determined by the court, the tenant does not eliminate the violations or does not take all necessary measures to eliminate them, the court, upon repeated application by the landlord, makes a decision to terminate the rental agreement. In this case, at the request of the employer, the court in the decision to terminate the contract may postpone the execution of the decision for a period of no more than a year.

. A residential rental agreement may be terminated in court at the request of any of the parties to the agreement:

if the premises cease to be suitable for permanent residence, as well as in the event of an emergency;

in other cases provided for by housing legislation.

. If the tenant of a residential premises or other citizens for whose actions he is responsible use the residential premises for other purposes or systematically violate the rights and interests of neighbors, the landlord may warn the tenant about the need to eliminate the violation.

If the tenant or other citizens for whose actions he is responsible continue to use the residential premises for other purposes after warning or violate the rights and interests of neighbors, the landlord has the right to terminate the rental agreement in court. In this case, the rules provided for in paragraph four of paragraph 2 of this article apply.

Article 688. Consequences of termination of a residential lease agreement

In the event of termination of a residential tenancy agreement, the tenant and other citizens living in the residential premises at the time of termination of the contract are subject to eviction from the residential premises based on a court decision.

Another comment on Art. 671 Civil Code of the Russian Federation

1. Residential rental agreements can be divided into commercial rental agreements and social rental agreements. The term “commercial tenancy” is not enshrined in law, but is used everywhere in order to distinguish it from a social tenancy agreement (see commentary to Article 672).

Paragraph 1 of the commented article provides a definition of a commercial rental agreement for residential premises. Not only the owner, but also a person who has received the appropriate authority from the owner (for example, a power of attorney) can act as a lessor under this agreement. As for the employer, it can only be an individual.

Commercial rental initially implies profit-making by the homeowner. That is why the legislator indicated that the landlord undertakes to transfer the residential premises for a fee. When determining which part of the premises is being rented out (the whole house, part of it, the whole apartment, part of it), it is necessary to keep in mind that the utility room cannot be the subject of the contract (kitchen, corridor, storage rooms). The parties determine the amount of payment for housing, and also stipulate whether utility payments will be included in it. If not, then it is noted who will pay them, and the frequency of payments is also determined.

2. A rental agreement for residential premises is not concluded with legal entities. Paragraph 2 of the commented article emphasizes that legal entities may be provided with possession and (or) use of residential premises on the basis of a lease agreement or another agreement (for example, an agreement for free use). Thus, a residential lease agreement is only the basis for providing residential premises for possession and (or) use by legal entities. Resolution of the Plenums of the Armed Forces of the Russian Federation and the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 N 6/8 (clause 38) stipulates that transactions related to rent (rent of property), gratuitous use, as well as other use of residential buildings by organizations not related to the residence of citizens premises that were not converted into non-residential premises in the manner established by housing legislation, committed after the entry into force of part one of the Civil Code, are void on the grounds provided for in Art. 168 of the Code.