Departmental housing - what is it?
Typically, such housing is issued for the period necessary for employees to perform work in another city.
People need such housing when performing their work functions. That is, for example, a person comes to another city to work, the organization provides him with a service apartment.
Only separate premises are classified as official housing. It is impossible to provide rooms as such housing in apartments or houses where several tenants or owners live.
If we consider an apartment building, then both all apartments and some of them can be provided as service housing.
The full concept of service housing is defined by the Housing Code of the Russian Federation.
The following categories of persons have the right to rely on this type of real estate:
- employees and workers of various organizations, as well as doctors and teachers;
- military personnel;
- officials and deputies.
In order for a person to move into such an apartment, a social tenancy agreement must be drawn up.
It is important to understand that there are a number of requirements for drawing up such a document:
- In this case, there must be a document indicating the right to conclude such an agreement. Previously, this was an order for official housing.
- The agreement is strictly in writing. There can be no verbal agreements here.
- This document specifies all family members who will live with the employer. This is an important point, since in case of unforeseen circumstances the family will be insured.
Departmental apartment - what are the rights and responsibilities of residents? Such relationships are concluded by a special contract, which does not exceed the duration of the employment contract.
When the employer leaves, or perhaps his contract ends, he and his family members will have to find another home themselves. Of course, if he is not hired by the same organization again. Or they won’t sign a new contract.
In individual situations, eviction from the specified housing does not occur on a general basis:
- when the family of a deceased or missing employee, or even an ordinary worker, lives on the office square;
- the employer retired due to old age;
- the employee or employee was the first to receive disability,
- the second group, in the process of performing work duties: accident, illness, etc.;
- You cannot move orphans to nowhere.
All of the above categories of persons can be evicted only with the provision of other housing in the same locality.
When people who have lost the right to live in the territory of official housing do not want to vacate the premises, there is a need to evict it.
This can only be done legally by a court decision.
There are a number of grounds for eviction from office premises:
- expiration of the contract, that is, dismissal of a person;
- failure to pay rent;
- damage to real estate;
- use of the home for other purposes;
- change of place of residence of the tenant;
- change of owner.
These are the most common reasons for eviction by agreement of the parties, as well as through the courts. In court, it is necessary to justify the reason for eviction of people.
Receipt procedure
The general procedure for obtaining official housing can be divided into two stages:
- Submitting an application for recognition as needing housing. At this stage, the person is recognized as having the right to a special apartment and gets in line.
- Next, an application is submitted for the provision of living space directly, an agreement is concluded and the family moves into the apartment.
How a service apartment is provided will be discussed in more detail below.
List of documents
To be placed in the queue - documents for obtaining official housing:
- passports of the employer and his family members (for children - birth certificates);
- marriage or divorce certificate;
- certificate of family composition (house register) from the place of permanent residence;
- an employment contract or document confirming election to a position;
- an extract from the Unified State Register of Real Estate on the applicant’s rights to real estate;
- application for registration.
Attention! If official housing is provided from the municipal fund, the employer will need a petition to provide an apartment to the employee.
Additional documents for official housing will be needed after registration and for immediate receipt of an apartment. These include:
- application for an apartment;
- document on registration according to the previous application;
- all other documents on the list above.
The application forms provided are examples. The administration of a locality or region, as a rule, develops its own forms.
Procedure
Step-by-step procedure for obtaining office space:
- We determine the owner of the apartment. At this stage, it is necessary to establish whose decision on moving in is to be received and which agency will sign the agreement. There are several options. This is the administration of a locality, the administration of a region, an authorized government body (ministry, department, committee, etc.), and the management of an enterprise. It’s better to start your search with your employer, who will tell you where exactly you need to apply.
- We collect documents. The list above is an example. An exact list suitable for a specific situation can be obtained from employees of the competent department. You need to make a copy of each document, and take a package with the originals and copies to the appointment.
- After completing all the certificates, we submit an application to be placed on the waiting list for those in need of housing. The application review period is up to 30 days. As part of the inspection, officials will determine whether there is a real need for the provision of office accommodation. In any case, the applicant is given a written response. The refusal can be appealed to a higher authority or court.
- Having received a positive decision, we wait in line for an apartment. Next, we submit an application for the provision of an apartment directly. The application must be accompanied by the documents from the previous paragraph and a positive decision on placement in the queue. The application is reviewed within 30 days. Based on the application, a decision is issued to provide residential premises and a rental agreement is concluded with the applicant.
- We conclude a rental agreement and move into the apartment. Previously, orders were issued for moving in, but now they have been replaced by rental agreements. Features and a sample contract are in the next paragraph.
Attention! The rules for the provision of specific housing may change, be shortened or supplemented depending on local regulations. For example, to obtain premises for a position in a commercial company, one application is sufficient - immediately for the allocation of premises.
Conclusion of an agreement
The rental agreement for residential premises is concluded between the owner and the applicant. The contract must indicate the tenant's family members who are granted the right to use the apartment and live in it. An important feature is that the agreement is valid during the term of employment.
The text of the contract specifies the responsibilities of the tenant and his family:
- keep the premises in proper condition and use them strictly for their intended purpose;
- make rent payments, utilities and carry out cosmetic repairs;
- keep the premises in their original form and prevent reconstruction or redevelopment.
The text regulates in detail the main issues of interaction between the owner and the tenant.
A sample rental agreement is available for your reference.
About official housing
What is this
Service housing is a private house, apartment, dorm room or other living space that is provided for an employee to live during the entire period of his employment. For example, a person gets a government job and immediately receives an apartment, works for 15 years and lives in it all the time.
Service housing is provided only to those who need it: for example, those who do not have residential property at all or work far from home. If in the city in which you work, you already have an apartment, house or other housing, regardless of its condition, you will not receive work housing.
Members of his family: parents, spouses, etc. these and others. All of them must be indicated in the rental agreement.
An employee who has received official housing and his family can register at their place of residence, but only temporarily. The period of temporary registration is usually equal to the period at which the employment contract is concluded: that is, if the employee quits or his contract ends, the registration is canceled. The hiring period also directly depends on the contract or employment agreement: as soon as the employee quits, the employment agreement is terminated, and the former employee has to look for another oe housing.
Who is entitled to official housing
According to Article 93 of the Housing Code of the Russian Federation, service housing is provided for the accommodation of citizens in connection with their labor relations with government authorities, municipal or state unitary enterprises. acceptances, in connection with the service and in a number of other cases.
To put it simply, temporary housing can be obtained by:
deputies when they arrive in other cities or regions to conduct elections and other events;
military personnel, but only those who have entered into contracts: those on active duty live in barracks;
law enforcement officers - police officers, detectives, investigators and others;
civil servants - employees of departments and ministries, judges and others;
teachers and doctors, especially those who decide to go to the countryside: the state encourages the development of education and medicine in the regions;
firefighters and other employees of the Ministry of Emergency Situations, especially in cases when they are sent to help other regions.
In this case, the rule described above applies: if a civil servant, doctor, deputy and other categories of citizens who have the right to housing already have an apartment, house or dacha in this region e, they won't get anything.
Service housing can also be provided by private entities: large manufacturing and processing companies, trading companies, various organizations providing services, and others. Formally, housing can be both official and owned by the company. In the second case, she can do whatever she wants with him, including transferring ownership to the employees.
How to get service housing
In order to obtain official housing for state employees or other categories of citizens who can apply for it, you need to collect a package of documents.
It includes: identity card - passport of a citizen of the Russian Federation;
confirmation that you do not have residential property in the region - for example, an extract from the Unified State Register of Real Estate;
work book to confirm that you are actually employed in the organization in a certain position;
certificate of marriage or dissolution of marriage to confirm the absence or presence of a spouse;
certificate of family composition;
a contract or employment agreement with a specified period during which the employment relationship will be extended.
A package of documents is submitted either to the employer or to the local municipality. An application or petition for the provision of housing is written on the spot. Sometimes additional documents may be needed - check with your employer or administration for the complete list. Until, the use of the gravity of the lifting of the housing of the one -to -go -and -the -way Kolko Mechat.
If you plan to get work housing from a private company, you just need to write an application to the employer. Depending on the situation, he may ask to provide additional documents - for example, an extract from the Unified State Register of Real Estate.
When the application is approved, you will be given an apartment, house or other residential premises. When handing over the keys, you will be asked to sign an act of acceptance and transfer of real estate. Pay special attention to it: indicate in the act all the existing shortcomings. Otherwise, when moving out, you will be obliged to remove them at your own expense - the apartment must be returned in the same condition in which it was given to you.
How can you continue to live after being fired?
As we have already explained above, after dismissal you need to vacate your home. But the law provides for a number of situations in which you can continue to live in an apartment. For example, they often leave service housing for contract military personnel with a certain length of service.
According to Article 103 of the Housing Code of the Russian Federation, there are certain categories of citizens who cannot be evicted without providing them with alternative housing. These include:
