Chapter 35. Hiring a dwelling.
Article 671. The contract of renting residential premises.
1. Under a tenancy agreement, one party - the owner of the residential premises or a person entitled to them (the landlord) - shall provide the other party (renter) with a dwelling room for payment in possession and use to live in it.
2. Legal entities may be provided with residential property in possession and (or) use on the basis of a lease agreement or other agreement. A legal entity may use a dwelling only for citizens.
Article 672. The contract of renting residential premises in the state and municipal housing stock of social use.
1. In the state and municipal housing stock of social use, residential premises are provided to citizens under a social rental contract for residential premises.
2. The members of his family living under a social tenancy agreement together with the tenant enjoy all rights and bear all the obligations under the tenancy agreement on a par with the tenant.
At the request of the employer and his family members, an agreement may be concluded with one of the family members. In the event of the employer's death or his departure from the dwelling, the contract is concluded with one of the family members living in the dwelling.
3. The contract of social renting of residential premises shall be concluded on the grounds, on the conditions and in the manner prescribed by the housing legislation. The rules of articles 674, 675, 678, 680, paragraphs 1-3 of article 685 of this Code shall apply to such a contract. Other provisions of this Code apply to the contract of social tenancy, unless otherwise provided by housing legislation.
Article 673. The object of the contract of renting residential premises.
1. The object of a residential tenancy agreement may be an isolated dwelling suitable for permanent residence (apartment, residential building, part of an apartment or residential building).
The suitability of a dwelling 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. The form of the contract of renting residential premises.
The tenancy agreement is in writing.
Article 675. The preservation of the contract of renting a dwelling when the ownership of a dwelling is transferred.
The transfer of ownership of a dwelling under a tenancy agreement does not entail the termination or amendment of a dwelling tenancy agreement. At the same time, the new owner becomes the landlord on the terms of the previously concluded rental agreement.
Article 676. Obligations of the landlord of the dwelling.
1. The landlord is obliged to transfer to the tenant free living space in a condition suitable for living.
2. The landlord is obliged to carry out the 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, to ensure the repair of the common property of the apartment building and devices for the provision of public utilities located in the residential premises.
Article 677. The tenant and citizens permanently residing with him.
1. Only a citizen may be a tenant under a tenancy agreement.
2. The contract must specify the citizens who permanently live in the dwelling together with the tenant. In the absence of such indications in the contract, the introduction of these citizens shall be carried out in accordance with the rules of Article 679 of this Code.
Citizens permanently living together with the tenant have equal rights with him to use the dwelling. The relationship between the employer and such citizens is determined by law.
3. The tenant is liable to the landlord for the actions of citizens permanently living with him who violate the terms of the contract for renting residential premises.
4. Citizens permanently residing with the tenant may, by notifying the landlord, enter into an agreement with the tenant that all citizens permanently residing in the dwelling shall be jointly and jointly with the tenant liable to the landlord. In this case, such citizens are sonaniators.
Article 678. Obligations of the tenant of the dwelling.
The tenant is obliged to use the living space only for living, to ensure the safety of the living space and to maintain it in proper condition.
The tenant is not entitled to reorganize and renovate the dwelling without the consent of the landlord.
The tenant is obliged to make timely payment for the dwelling. Unless otherwise specified in the contract, the tenant is obligated to independently make utility payments.
Article 679. The resettlement of citizens permanently residing with the employer.
With the consent of the landlord, tenant and citizens permanently living with him, other citizens may be moved into the living room as permanent residents of the tenant. When introducing minor children such consent is not required.
The introduction is allowed, subject to the requirements of the law on the norm of the total area of living space per person, except in the case of the introduction of minor children.
Article 680. Temporary tenants.
The tenant and citizens permanently residing with him, by common consent and with prior notice to the landlord, have the right to allow temporary tenants (users) to live in a dwelling place. The landlord may prohibit the residence of temporary tenants subject to non-compliance with the requirements of the law on the norm of the total area of residential premises per person. The tenure of temporary tenants may not exceed six months.
Temporary tenants do not have an independent right to use the living space. Responsibility for their actions to the landlord is borne by the employer.
Temporary tenants are required to vacate the residential premises after the expiration of the period of residence agreed upon with them, and if the deadline is not agreed, no later than seven days from the date of submission of the relevant requirement by the employer or any citizen permanently living with it.
Article 681. Repair of rented dwelling.
1. Maintenance of rented residential premises is the responsibility of the tenant, unless otherwise provided by the contract of renting residential premises.
2. The overhaul of rented residential premises is the responsibility of the landlord, unless otherwise provided by the contract of renting residential premises.
3. Re-equipment of a dwelling house in which a rented dwelling is located, if such re-equipment substantially changes the conditions for the use of a dwelling, is not allowed without the tenant's consent.
Article 682. Payment for residential premises.
1. The amount of payment for residential premises shall be established by agreement of the parties in the rental agreement for residential premises. If, in accordance with the law, the maximum amount of payment for residential premises is established, the payment specified in the contract shall not exceed this amount.
2. One-sided change in the amount of payment for residential premises is not allowed, except for the cases provided for by law or by contract.
3. The payment for the dwelling shall be paid by the tenant in the time provided for by the contract of renting the dwelling. If the contract does not stipulate deadlines, the fee must be paid monthly by the employer in accordance with the procedure established by the Housing Code of the Russian Federation.
Article 683. Term in the contract of renting residential premises.
1. A tenancy agreement shall be concluded for a period not exceeding five years. If the term is not specified in the contract, the contract is considered to be concluded for five years.
2. For the contract of renting a dwelling, concluded for a period of up to one year (short-term rent), the rules provided for by paragraph 2 of Article 677, Articles 680, 684 - 686, paragraph 4 of paragraph 2 of Article 687 of this Code, do not apply, unless the agreement provides otherwise .
Article 684. Preemptive right of the employer to conclude a contract for a new term.
Upon the expiration of the tenancy agreement, the tenant has the preferential right to conclude a tenancy agreement for a new term.
Not later than three months before the expiration of the tenancy agreement, the landlord must offer the tenant to conclude an agreement on the same or other conditions or warn the tenant about refusing to renew the agreement due to the decision not to lease the residential space 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 on the same conditions and for the same period.
When agreeing the terms of the contract, the tenant does not have the right to demand an increase in the number of persons permanently living with him under the contract of renting residential premises.
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 tenancy agreement with another person, the tenant has the right to demand recognition of such an agreement as invalid refusal to renew the contract with him.
Article 685. Lodging of residential premises.
1. Under a residential lease contract, the tenant, with the consent of the landlord, shall transfer part or all of the premises rented by him for use to the tenant. The sub-tenant does not acquire the independent right to use the living space. Responsible to the landlord under a tenancy agreement remains the tenant.
2. A contract of sub-rental of residential premises may be concluded subject to compliance with the requirements of the legislation on the norm of the total area of residential premises per person.
3. The contract of renting a dwelling shall be paid.
4. The term of a sub-rental contract for a dwelling may not exceed the term of a contract for the lease of a dwelling.
5. In the event of early termination of the contract for renting a dwelling premise, a sublease contract for dwelling premises shall also terminate at the same time
6. The rules on the pre-emptive right to conclude a contract for a new term do not apply to the contract of sublease of residential premises.
Article 686. Replacement of the tenant in the contract of renting residential premises.
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 tenancy agreement may be replaced by one of the adult citizens permanently residing with the tenant.
2. In the event of the employer's death or his departure from the dwelling, the contract continues to operate under the same conditions, and one of the citizens permanently residing with the former employer becomes the tenant, by mutual agreement between them. If such an agreement is not reached, all citizens permanently living in a dwelling place become sonnimators.
Article 687. Termination of a tenancy agreement.
1. The tenant has the right, with the consent of other citizens permanently residing with him, at any time to terminate the tenancy agreement with a written warning to the landlord for three months.
2. A tenancy agreement may be terminated in a court of law at the request of the landlord in the following cases:
failure of the tenant to pay for housing for six months, if the contract does not provide a longer period, and for short-term employment in case of failure to pay the fee more than two times after the payment period established by the contract;
destruction or damage to the dwelling by the tenant or other citizens for whose actions he is responsible.
By decision of the court, the tenant may be given a period of not more than a year to eliminate the violations that served as the basis for the termination of the contract for renting residential premises. If within the period determined by the court, the tenant does not eliminate the violations committed or does not take all the necessary measures to eliminate them, the court, upon the repeated appeal of the landlord, decides to terminate the tenancy agreement. At the same time, at the request of the employer, the court in the decision on termination of the contract may postpone the execution of the decision for a period not exceeding one year.
3. A tenancy agreement may be terminated in a court of law at the request of any of the parties to the agreement:
if the room ceases to be suitable for permanent residence, as well as in case of its emergency condition;
in other cases stipulated by the housing legislation.
4. If the tenant of a dwelling or other citizens for whose actions he is responsible use the dwelling for an inappropriate purpose or systematically violates the rights and interests of neighbors, the landlord can 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 dwelling for other purposes or violate the rights and interests of the neighbors after the warning, the landlord has the right to terminate the tenancy agreement in court. In this case, the rules provided for in the fourth paragraph of clause 2 of this article shall apply.
Article 688. Consequences of the termination of the tenancy agreement.
In the event of termination of a tenancy agreement, the tenant and other citizens living in the residential premises at the time of termination of the agreement are subject to eviction from the residential premises on the basis of a court decision.
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