In principle, there is nothing illegal; you yourself have undertaken to vacate the premises. But in this case, you have no place to live, since housing was provided to you under the IRP.
This is an old problem and it is not regulated by any regulations. When PMO 1280 was published, they somehow forgot about all this and an absolutely stupid and thoughtless norm was included in it:
8. A social tenancy agreement for the provided residential premises cannot be concluded with military personnel before the delivery of the residential premises specified in paragraph 17 of this Instruction, in cases where the deadline for implementing the decision to provide them with residential premises has expired, as well as in cases where they have lost the grounds before the conclusion of the social tenancy agreement for residential premises to receive the residential premises provided to him, for which the authorized body delivers a reasoned refusal to the military personnel against receipt or in another way indicating the fact and date of its receipt.
That is, the serviceman had to first rent out the living quarters, move out of the apartment with his family and belongings, and live in an unknown place until the conclusion of the agreement. And the DSA is not concluded in one day
This provision was even appealed to the Supreme Court of the Russian Federation, which, by the way, explained:
1.
As follows from the content of paragraph 18 of the Instructions, military personnel cannot
a social tenancy agreement for the provided residential premises must be concluded before delivery
residential premises specified in paragraph 17 of these Instructions, in cases
the expiration of the deadline for implementing the decision to provide them with residential premises, as well as
loss by them before the conclusion of a social tenancy agreement for residential premises
to receive the residential premises provided to him, about which the authorized body
delivers against receipt or in another way indicating the fact and date thereof
receipt, military personnel have a reasoned refusal. Residential premises, contracts
whose social rentals have not been concluded are distributed by the authorized body
between other military personnel registered as needing housing
premises.
2.
Thus, this paragraph is not about the procedure for delivering residential
premises, and about cases in which it cannot be concluded with military personnel
social tenancy agreement for the provided residential premises prior to their delivery of residential premises
premises, namely, in cases of expiration of the deadline for implementing the decision on
provision of residential premises to them, as well as their loss before the conclusion of the contract
social rental of residential premises grounds for receiving provided to him
living space.
3.
In case of incorrect application of the disputed clause in the interpretation,
diverging from its actual meaning, interested parties are not deprived
the opportunity to seek judicial protection of their violated rights.
Now you have only one option - to advise you to apply for your eviction to the court. while the court and the case. It will take a lot of time and the order to be removed from the lists will come to the unit.
Inna, good afternoon.
There is no direct indication that a serviceman, when renting out official housing, is required to make repairs, but in order to obtain a certificate of renting out housing, you need to provide certain documents, including an act of acceptance and transfer of housing, which, in turn, reflects whether repairs have been made or No.
Order of the Minister of Defense of the Russian Federation of September 30, 2010 N 1280
"ABOUT
provision to military personnel of the Armed Forces of the Russian Federation
residential premises under a social tenancy agreement and office residential premises
premises"
17.
In the event of vacating residential premises occupied by military personnel and
members of their families living together with them, with the exception of residential
premises in their ownership, military personnel are obliged
send to the structural unit of the authorized body at the location
location of the vacated residential premises documents confirming
vacating this premises, about which the structural military personnel
division of the authorized body a certificate is issued (sent)
recommended sample in accordance with Appendix No. 10 to these Instructions.
GUARANTEE:By decision
VK Supreme Court of the Russian Federation dated November 24, 2011 N VKGPI11-69 paragraph 18
of this appendix is recognized as not contradicting the current
legislation regarding the words “It cannot be concluded with a military personnel
social tenancy agreement for the provided residential premises prior to delivery
residential premises"18.Can't happen with military personnel
a social tenancy agreement has been concluded for the provided residential premises until
delivery of residential premises, specified in paragraph 17
of this Instruction, in cases of expiration of the deadline for implementing the decision on
providing them with living quarters, as well as their loss before imprisonment
social tenancy agreement for residential premises grounds for receiving
residential premises provided to him, about which the authorized body
delivers against receipt or in another way indicating the fact and date
receiving it, the military personnel had a reasoned refusal.
METHODOLOGICAL MANUAL ON PROVIDING MILITARY SERVICEMEN WITH RESIDENTIAL PREMISES
2.5.Renting out of service residential premises
Military personnel, citizens discharged from military service, and members of their families are obliged to vacate service residential premises and hand them over in the prescribed manner to the authorized housing authority in the following cases:
When providing housing for permanent residence; - when transferring to a new duty station;
Upon dismissal without the right to receive housing.
Documents required to obtain a certificate of rental of official housing:
A statement in any form that the serviceman is renting out official residential premises, to which the following documents are attached:
Copies of passports of all persons registered in the official residential premises with a note on deregistration, birth certificates of children who do not have a passport with departure sheets;
A copy of the financial personal account; - a certificate from the accounting department of the management company about the absence of debt for utility services;
An extract from the house register with a mark of departure (if they were registered in the apartment)/with a note of registration-extract from a military unit (if they were registered at a military unit);
The document providing the basis for obtaining official residential premises (lease agreement for official residential premises or a warrant);
An acceptance certificate drawn up with the management company with notes on the repairs made, on the allocation of money for repairs, on the availability of keys to the apartment/room (passed/failed) (for those who rent out official housing in fact).
If service residential premises are rented out in connection with the upcoming provision of residential premises for permanent residence, the following documents are attached to the above documents:
A copy of the notice for the apartment being received/a copy of the apartment distribution list/a copy of the social tenancy agreement (a copy of the DSN is provided to confirm the departure address, if there is registration at the place of residence (registration) at the address of the official housing and the upcoming deregistration);
An obligation to rent out residential premises, certified by a notary (indicating the period for delivery of official housing, but not more than two months, and the obligation to pay utilities for the use of official residential premises), in the event that the rented residential premises will be vacated within 2 months. after signing the DSN, receiving a decision to provide residential property free of charge.
Note:
According to paragraph 18 of the Instruction, approved by order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280, a social rental agreement for residential premises cannot be concluded with a military personnel before the residential premises occupied by him and his family members, including former ones, are handed over in the established manner
To provide housing for citizens and their families in accordance with housing legislation, it is provided specialized housing stock.
Service apartment provided by state or local authorities to persons performing labor functions in these structures. For a citizen and his family must not have own living space in the region where he will work.
The Housing Code of the Russian Federation provides for an employee's service apartment, which is provided according to rental agreement for the duration of the employee’s employment relationship. Such living space is provided.
The law protects certain categories of citizens and prohibits them without providing them with alternative housing.
Provision is made for the forced eviction of persons who do not want to voluntarily leave official housing. It is important to follow the procedure defined by law.
Despite ban on privatization official residential premises, there are legal ways.
Service apartment as a residential premises of a specialized housing stock
Citizens in need of housing are provided with residential premises from the state or municipality provided for such purposes. The Housing Code of the Russian Federation (LC RF) refers to such housing (Article 92):
- dormitories;
- flexible housing stock;
- residential premises intended for temporary accommodation of citizens;
- for social protection of the population;
- service housing;
- residential premises intended for social services of citizens;
- premises for orphans or children left without parental care, etc.
Service apartment is a residential premises that is provided to a citizen in connection with the fulfillment of certain labor relations.
The list of persons entitled to official living space is determined by separate legislation (depending on the person’s field of activity).
As a rule, such housing is provided to those who must be constantly present in the immediate vicinity of the workplace. Another condition is the absence of one in a given locality.
Service housing can be:
- apartments;
- dormitories;
- private houses.
However, in order for an apartment to be provided to a citizen and his family as a service apartment, it must be included in a specialized housing stock as service housing. This provision is adopted by a decision of state authorities or local government - depending on whose property the living space is located.
Providing official housing
In accordance with Art. 93 of the Housing Code of the Russian Federation, service housing is supposed to be provided only to those citizens who are in labor relations With:
- public authorities;
- local government bodies;
- state or municipal enterprises.
Also, such housing is available to persons appointed to government positions in the Russian Federation or a constituent entity of the Russian Federation, or elected to elective positions.
Accordingly, the apartment is provided according to office space rental agreement for the period of validity of the employment agreement or contract. Termination of employment relationship entails termination of the rental agreement.
So, a service apartment will be given to citizens who occupy positions:
- Deputy. At the same time, you can be a deputy at any level (state, subject or local).
- A military man.
- Law enforcement officers (police officers, investigators, etc.) who are sent to serve in another city or town.
- Firefighter in the Ministry of Emergency Situations.
- Teacher and doctor. This applies to those who wish to go to work in rural areas.
- Civil servant. For example, judges, officials, employees of ministries and departments, etc.
Currently, the provision of official housing is practiced and private organizations - employers .
Procedure for obtaining official residential premises
Service housing is allocated according to decision the owner of the premises, namely the authorities of the subject or municipality. The decision is made in the form order or resolution organ.
After a decision is made, an agreement is concluded between the person authorized to carry out such actions and the citizen to whom the living space is provided for use. rental agreement for office premises. This procedure is regulated by regulations of the relevant authority.
Such premises are subject to transfer by acceptance certificate And technical condition report. These documents indicate all the shortcomings of the housing provided, so you should carefully consider the contents of these documents. This is also due to the fact that the reverse procedure for transferring the premises is the same. Therefore, if malfunctions are noticed, they must be corrected at your own expense.
The conclusion of a rental agreement entails for both parties rights and obligations related to the use of the premises. The main responsibilities of the employer are fee for using the premises and payment of utilities. In addition, a citizen is obliged at his own expense carry out routine repairs. paid by the owner of the premises.
Service housing should not be used by citizens to make a profit, namely, you cannot rent them out, sell them, change them, etc.
This prohibition is due to the fact that housing does not belong to a person by right of ownership and he cannot dispose of it at his own discretion.
The contract must specify all family members citizens who will live with him. As the number of family members increases, this list should be updated.
What documents are needed to apply for official housing?
When applying for official housing and for its consideration, you must attach a number of documents. These primarily include:
- passport;
- work book as confirmation of employment in a given organization and in the corresponding position;
- a document indicating the absence of living space in the property (or otherwise);
- certificate of marriage (or divorce);
- certificate of the employee’s family composition;
- an employment agreement or contract - it specifies the period during which the employment relationship will continue;
- a petition or statement from the employer.
All documents are attached in copies, which must be certified from a notary or employer.
The specified list of documentation for obtaining a service apartment not exhaustive. It may be replenished depending on the situation and conditions for providing housing.
Application for provision of official residential premises
To obtain official housing for use, you must write statement addressed to the head of the authority. It indicates the number of people who will live with the tenant. If there are children, their age is indicated.
This document also indicates all residential premises owned by the employee, if any.
With this application, the citizen gives agreement for the processing of personal data. He also subscribes to what he provides reliable data about yourself and your family members.
If the information provided changes, the citizen undertakes to report this.
Using the example of providing official housing to military personnel sample application as follows:
Is it possible to register in a service apartment?
As a rule, a citizen and his family members are registered in official housing temporarily. This can only be done with the permission of the owner. will be valid for a certain period. Typically, registration in official housing is valid for the period for which the rental agreement is concluded.
Registration at the place of residence in a service apartment does not give the right to register ownership of it.
The main reason for eviction from such housing is the termination of employment relations with the organization that provided the official living space. When spouses divorce, the second spouse loses the right to live in this apartment and is subject to deregistration and eviction.
Eviction from service housing
Eviction from official living space is possible voluntarily and forcibly. WITH voluntarily everything is quite simple. Upon termination of the contract or fixed-term employment contract, the employee (employee) is obliged to vacate the premises he occupies.
In the event that a citizen does not want to voluntarily evict from a service apartment, then this can be done in forcibly, namely by court decision.
There are several reasons for forced eviction:
- debt to pay utility bills;
- damage to housing was caused;
- the rights of third parties are violated;
- the living space is used for commercial purposes;
- other.
The eviction process takes quite a long period of time. Before filing a forced eviction in court, the owner must take steps to peaceful resolution of the situation.
The owner of the premises must send to the tenant notification with a demand to leave the home. The notice must propose a certain period after which it is possible to apply to the courts. It is 5 days.
After the tenant has not taken action to evict the property, the owner has the right to file a lawsuit. After the decision is made in favor of the owner of the residential premises and it comes into force, you need to contact bailiff service. Next, the bailiff will execute the court decision.
Who cannot be evicted from official housing?
There are categories of citizens who cannot be evicted from official housing without providing them with an alternative, that is, in exchange for another living space. To such persons in accordance with Art. 103 of the RF Housing Code include:
- family members of military personnel, internal affairs officers and other government employees who died or went missing in the line of duty;
- pensioners who worked in the organization until old age;
- family members of the deceased employee;
- disabled people of groups 1 or 2, who became disabled due to the fault of the employer, who received occupational diseases, who were injured while performing their duty at work, and others;
- orphans and children left without parental care;
- citizens left with young children.
To prevent such citizens from being evicted, they should not have their own housing, as well as housing provided to them under a social rental agreement.
Renting an apartment upon eviction
When moving out of a service apartment, it is necessary to properly pass to the owner. An act of acceptance and transfer of residential premises is signed to indicate that the housing has been accepted by the owner and handed over by the tenant.
The authorized representative of the owner must make a complete inspection of a service apartment and record existing deficiencies (if identified). In this case, the employee has the right to disagree and indicate his comments on the act.
The apartment must be in no worse condition than when it was handed over to the tenant. Normal wear and tear must be taken into account.
If a forced eviction is carried out, then a eviction act. It must be drawn up in the presence of two witnesses.
Is it necessary to make repairs before renting out a service apartment?
Typically, the tenancy agreement specifies the responsibilities of the tenant. Duty to do redecorating included in the main list. The frequency of its implementation is also reflected directly in the contract.
If housing provided with renovation and this fact is described in the rental agreement and the acceptance certificate, then upon delivery, repairs must be made. Otherwise, the tenant will be charged an amount for cosmetic repairs of the premises, calculated at the market price.
If, in accordance with the terms of the rental agreement for office housing, the deadline for making repairs has not yet arrived, then the tenant has the right refuse do it when moving out.
Is it possible to transfer official housing into ownership?
It is necessary to point out that the norms of the Housing Code of the Russian Federation do not provide for such a procedure as. And Art. 4 of the Law of 04.07.1991 No. 1541-1 “On the privatization of housing stock in the Russian Federation” sets ban for the transfer of office premises into the ownership of citizens.
Such premises can be privatized only after they are transferred to municipal property(if the owner is different). After this, there must be the consent of the owner of the property for privatization to be carried out by another person.
Further, the official housing is considered no longer official. Consequently, it can be transferred for the use of citizens according to. When these measures have been carried out, privatization is possible in accordance with housing legislation.
So, the tenant of office housing needs to contact the management of the enterprise that owns the premises with a request to transfer it into ownership. The application is reviewed within a month. Next, a positive or negative decision is made on this issue.
If a positive decision is made, then it is necessary to agree on the transfer of the apartment to municipal ownership and the removal of its official status. Only after these nuances have been resolved can we proceed to the standard privatization procedure.
There is an option when you can buy out office housing. You need to work in an organization and live in this apartment at least 10 years. In addition, there must be official recognition of those in need of housing.
Conclusion
An important feature of the provision of official living space is that the person does not need housing as such. He has the right to it in connection with the performance of certain labor duties in state or municipal authorities.
This means that housing is provided temporarily and for a certain period. After the expiration of the period, I have the right to evict tenants even if they have nowhere to live.
Despite the ban on privatizing official housing, it is possible to circumvent it. To register ownership of official housing, you need to change its status. This can only be done with the consent of the owner of municipal (state) housing.
Question
Standards for office housing
Are there any space standards when providing office housing?
Answer
Yes, they do exist. There must be at least 6 square meters per person. m of living space. If a family has children of different sexes over the age of 9, they must live in separate rooms. Consequently, a family with two children of different sexes is entitled to a three-room apartment. But in practice, these standards are often not observed, since there are many people in need of service apartments.Service housing for military personnel is one of the ways to encourage citizens to enroll in military service. Unfortunately, those who have chosen this road are faced in life with the fact that the state does not fulfill all its promises. And you have to delve into legislative norms in order to defend your rights.
Legislative regulation
- Art. 15 of the Law “On the Status of Military Personnel” is devoted to their housing rights.
- Housing Code - lists the grounds for recognizing citizens in need of housing, the status of official housing and the general procedure for acquiring rights to it.
- Decree of the Government of the Russian Federation on the procedure for recognizing those in need of housing and providing it as property dated June 29, 2011 No. 5124.
- Instructions on the provision of housing issued by the Minister of Defense or an official heading an organization in which service is equivalent to military service.
The application contains document forms to be filled out by the applicant.
This should also include departmental regulations affecting the accounting and formation of the service housing fund for military personnel.
Housing status
Service housing for military personnel belongs to a specialized fund. It is provided in the form of an individual house or apartment. In the case of military personnel, responsibility for its provision rests with the Ministry of Defense represented by the KEC - housing and operational units. The organization resolves the following issues:
- registration of those in need and acceptance of applications with documents;
- housing accounting;
- participation in its content;
- participation in the acceptance of new objects and the formation of requests for new housing.
The range of problems solved by the organization is extensive, and only the main directions of their activities are indicated here.
Service housing for military personnel is provided for temporary use; it cannot be privatized and then passed on by inheritance or make another transaction with it (purchase and sale, donation, exchange, etc.).
The law provides the right to take advantage of a cash subsidy from the state budget instead of providing premises.
Degree of suitability of the premises
More than one family cannot be accommodated in one room. Service housing for military personnel is provided near the place of service. Housing may be provided from the flexible fund for those with a family, if they need to wait for the issuance of a service allowance.
In addition, housing must meet other standards; in particular, you cannot move a person into an apartment located in a building recognized as unsafe. The facility must meet sanitary standards.
The minimum size of living space is calculated at 18 square meters. m per person. Persons holding the rank of colonel or equivalent are entitled to an additional area of up to 25 square meters. m. per person.
Who is covered by the right to official housing?
It’s easier to say who doesn’t have the right to it:
- persons serving under conscription;
- students or cadets of military educational organizations;
- employees who were fired.
The last paragraph does not affect some categories of citizens who have retired:
- the dismissal took place due to unfitness for service due to health conditions;
- the dismissal took place due to staff reduction, but at the time of dismissal the service period was 10 years.
Starting from 01/01/1998, all employees, regardless of rank and position, who entered into the first contract, have the right to official housing.
All those serving in closed military camps are subject to housing. Their list is approved by the Ministry of Defense and other bodies whose service is equivalent to military service (FSB, FSO).
Receipt of service housing for military personnel is carried out taking into account the family members living with him. The relationship must be official.
Package of documents
The provision of official housing to a serviceman is organized after he submits a package of documents along with the application.
- the application is filled out according to the approved form;
- copies of identification documents of family members (passports, birth certificates, court decisions on adoption, etc.);
- certificate of family composition;
- a certificate stating that the employee does not occupy housing under a social tenancy agreement, and the previously occupied premises have been vacated;
- an extract from Rosreestr about the presence or absence of residential real estate ownership;
- a copy of the current contract for military service or a certificate of its conclusion;
- extracts from house books and financial personal accounts for the last 5 years. for each family member.
If it is impossible to provide any documents, a certificate confirming this is attached. For example, from the Civil Registry Office a certificate stating that the applicant was not previously married and is not married at the time of its issuance.
Decision making procedure
The provision of official housing for a serviceman under a contract does not exclude the validity of the residential complex. It is being determined whether, within 5 years before the complaint, the employee committed actions aimed at worsening the condition of the premises in which he lived. Was he deprived of housing due to a violation of the procedure for its use (the decision is made by the court on the basis of systematic violations in accordance with the Code of Administrative Offenses)?
It is not considered a violation for family members to move in if the housing is not designed for their stay.
The period for consideration of documents is 30 working days in accordance with the law on citizens' appeals.
The absence of all documents according to the list gives reason to suspend consideration of the application. The decision is sent to the applicant and the commander of the unit to which the transfer took place. The document indicates what other documents must be provided.
A 30-day period of time is also allocated for their provision. Upon expiration, the papers are returned to the applicant. And documents for service housing for military personnel are resubmitted.
Record keeping
Regulations require keeping records of all employees in need of housing. According to the instructions of the Ministry of Defense, the lists are posted in the public domain, in particular on the Internet, making the provision of official housing for military personnel an open topic for the public.
The day of registration is the date on which documents for registration were sent.
If the employee was on vacation, undergoing treatment, on combat duty, in a military conflict zone, in captivity (except for voluntary surrender), or as a hostage, the day of filing is tied to the date the right to housing actually arises.
If, after submitting a package of documents to the KEC, the circumstances regarding the receipt of official housing change, they must be reported no later than 30 days later.
The queue is formed based on the date of registration. No later than 3 days later, the applicant is sent an extract from the register indicating the number in the queue.
Housing is issued according to priority; if the registration date is the same, preference is given to the person with the longest length of service. There is no talk about rank or position.
How is the delivery of service housing to military personnel organized?
The KEC informs employees who may apply for them about vacated premises and sends a notice. Copies of messages are transmitted to superiors or commanders of military units.
If a person is in a war zone, on combat duty, on a campaign or other similar circumstances, the issuance of vacated housing is suspended if the expected period of absence is less than 90 days. If it does not last for a longer period of time, the housing is transferred to other participants in the queue.
Within 5 days after receiving the notice, written consent to the proposed options is required. Within 30 days, copies of documents that were previously submitted during registration are also sent.
If within 5 days after receiving the notice, consent is not provided, housing is given to other participants in the queue. The same consequences occur if consent is given, but supporting documents are not sent.
Removal from the register
The rental of service housing to military personnel is terminated if:
- an application for deregistration has been submitted;
- funds have been received for the purchase of property or for construction;
- the grounds for obtaining the right to residential premises have disappeared.
If the cessation of circumstances giving the right to housing becomes known before a social tenancy agreement is concluded, the premises are distributed according to the list among other military personnel.
Otherwise, the obtaining procedure is identical to that of ordinary citizens.
Based on the submitted documents and the decision to be accepted into the queue, a social rental agreement is concluded. Members of his family move in with the tenant, after which an act of transfer of premises is signed. The act notes all the shortcomings of the premises, otherwise the tenant will be responsible for them.
The concept and features of official housing provided to military personnel
Any official housing provided to an officer (or warrant officer) is part of the specialized housing stock belonging to the military department. A citizen who has entered into a contract for service has the right to be provided with a separate service apartment, a private house or a room in a dormitory.
The premises allocated for temporary accommodation of military personnel and their families must be suitable for habitation. For example, it is not allowed to accommodate several families of military personnel in one service apartment. Usually, living quarters are provided on the territory of the area in which the officer (or warrant officer) serves, but if it is not possible to provide the serviceman with official housing at the location of the unit, then the commander (chief) must place his subordinate in a nearby populated area.
The officer (or warrant officer) is provided with living quarters within three months from the date of his arrival.
The area of the provided official housing must comply with the security standards established by law. Currently, for one person this value is 18 square meters (for a single serviceman, the standard can be doubled). In cases where it is not possible to fulfill this requirement, a citizen who has arrived for service may be accommodated with his family in a smaller premises suitable for short-term residence or in a maneuverable premises, but only with the consent of the serviceman himself.
Which military personnel are entitled to service housing?
The following categories of military personnel have the right to apply for housing from the service fund of the military department:
1.officers (or warrant officers) who entered into a contract before January 1998;
2. citizens who were appointed to positions after receiving education in military professional educational institutions;
3. officers who entered into their first contract after January 1998;
4. warrant officers, sergeants and sailors who entered into a contract after 1998;
5.military personnel who are participants in the housing mortgage system (but until they purchase or receive an apartment for permanent residence);
6. citizens undergoing military service in closed military camps.
The above list is exhaustive; military personnel who were not included in it (citizens serving on conscription, citizens of foreign countries) are not provided with official housing of the military department.
Features of service housing for military personnel.
The following features of office residential premises can be distinguished:
Service housing cannot be privatized, since it is part of a specialized fund of the military department, which cannot be transferred to private ownership. Privatization can only be carried out if the residential premises are transferred to the municipality;
Service housing cannot be donated, sold or inherited. It is also not subject to exchange, even if the citizens wishing to carry out this transaction live in the same house;
A lease or sublease agreement cannot be concluded in relation to official housing, even if the serviceman is forced to move due to a change in his place of service;
After termination of a contract, a serviceman is obliged to vacate the official residential premises provided to him at his own request;
Participants in the mortgage system who purchased housing during their service period using funds from a targeted loan, but in another city, also have the right to be provided with service apartments (or other residential premises).
Procedure for obtaining official residential premises
To obtain housing from the service fund of the military department at the place of service, an officer (or warrant officer) must submit an application to one of the divisions of the Housing Department of the Ministry of Defense of the Russian Federation (hereinafter referred to as the Department of Defense of the Russian Federation). Information about the location of this institution should be located on special information stands of the military unit, on which information is usually posted, for example, about the daily routine, regulations of duty hours, etc.
The serviceman attaches the following documents to the above application:
Copies of identity documents of both the officer (or warrant officer) and close relatives living with him;
A certificate confirming the conclusion of a service contract by military personnel applying for official housing;
A copy of a document containing information about the conclusion (or divorce) of a marriage;
A document containing information about the composition of the military personnel’s family;
A document containing information about the presence or absence of residential premises at the serviceman’s place of military service, occupied by the serviceman and members of his family on the basis of a social tenancy agreement or belonging to him by right of ownership;
A document confirming that the living quarters previously provided to the serviceman (including a room in a dormitory) were vacated by him and his close relatives living with him.
After receiving the specified set of documents, the unit of the Department of Defense of the Ministry of Defense of the Russian Federation, within ten days (working days), decides on the possibility of adding the serviceman to the list for providing official living quarters.
Structural unit of the Joint Department of the Ministry of Defense of the Russian Federation within three days from the moment of receiving information about the availability of a free apartment (or other residential premises) that can be provided, notifies the serviceman about this.
If the officer (or warrant officer) agrees with the option proposed to him, then he informs the unit of the Joint Defense Department of the Ministry of Defense of the Russian Federation in writing about his decision within five days (the period begins from the day the notification is delivered to the serviceman against signature).
If a serviceman decides to refuse the residential premises of the service fund offered to him, he is also obliged to notify the unit of the Department of Defense of the Ministry of Defense of the Russian Federation within the specified time frame.
If the serviceman does not report his decision at all, then no later than ten days from the moment he receives a message about the possibility of providing housing, this service housing will be distributed to another serviceman.
The next step in the procedure for obtaining a service apartment for a military personnel is the conclusion of a rental agreement for housing from the service fund of the military department, which lists all the persons who will occupy this premises. The agreement also lists the conditions for using the provided premises, the rights and obligations of the parties, as well as cases of termination of the agreement:
1. Subject to agreement of both parties to the contract.
2. At the request of the military personnel (employer) at any time convenient for him.
3. In court at the request of the military department (lessor) in the event of:
Failure of a military serviceman (tenant) and/or members of his family to comply with the requirements of the residential rental agreement concluded by him;
Systematic (for six months) failure to pay fees for the use of a service apartment and provided utilities;
Destruction (or damage) by a military personnel (tenant) and/or his close relatives of the provided housing;
Systematic violation of the rights of other citizens living in the neighborhood; use by a military personnel (tenant) and/or members of his family of the provided apartment for another purpose, contrary to the agreement.
4. In the event of a change in the owner of this residential premises or its transfer to the operational management of another department.
Since by its nature the lease agreement for a service apartment is fixed-term, it will be valid only during the period of service of the officer (or warrant officer).
In cases where the composition of the employer's family increases, a serviceman has the right to receive official housing of a larger area; for this he applies to the structural unit of the Department of Defense of the Ministry of Defense of the Russian Federation with a corresponding application, a new certificate of family composition and a copy of the child’s birth certificate.
If the composition of a serviceman’s family has changed due to divorce, but the ex-wife refuses to vacate the living space, then it is possible to evict her from the service apartment by court decision.
The procedure for releasing service housing for military personnel.
After the termination of the rental contract for housing of the service fund of the military department (in connection with the provision of permanent housing to the serviceman, early termination of the contract, etc.), the serviceman and his relatives living with him are obliged to vacate the apartment (or other residential premises) they occupy in three month period.
The document confirming the deregistration of an officer (or warrant officer) is a certificate of rental of residential premises, which must be issued by a structural unit of the Department of Defense of the Ministry of Defense of the Russian Federation.
To receive it, a serviceman must prepare the following set of documents:
Copies of documents (passports, birth certificates) with a note indicating their deregistration, identifying all citizens who were registered in the vacated residential premises;
A copy of the personal account; a document confirming the absence of debt for the provided utility services;
Extract from the house register with a note of departure;
A document that serves as the basis for obtaining official housing, for example, a lease agreement or an order in relation to a service apartment (or other residential premises);
An act of transfer of premises, which reflects information about the technical condition of the premises, repairs, the presence (or absence) of a complete set of keys, etc.
These documents are submitted to the unit of the authorized body in the event of a serviceman being transferred to a new duty station.
If an officer (or warrant officer) is provided with residential premises for permanent residence, then in addition to the above list he attaches:
A copy of the notice of housing allocation;
A notarized obligation to rent out office residential premises, containing information about the timing of vacating the housing, the need to pay for utility services provided, etc.
LEGAL BASIS: Instructions on the provision of service living quarters to military personnel - citizens of the Russian Federation serving under a contract in the Armed Forces of the Russian Federation, approved by Order of the Minister of Defense of the Russian Federation dated September 30, 2010 No. 1280
Arbitrage practice: Decision No. 2A-208/2016 of November 22, 2016 in case No. 2A-208/2016 Ulan-Ude Garrison Military Court; Decision No. 2A-221/2016 2A-221/2016~M-2779/2016 M-2779/2016 dated October 13, 2016, Ussuri Military Garrison Court.
