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April 02, 2016, 00:07, question No. 1204551 Sergey, St. Petersburg

Do I have the right to inherit a non-privatized apartment?

The father lives in a non-privatized apartment. I live with my mother in another house with registration. Will I inherit my father's home? Or is it necessary to privatize the apartment?

A non-privatized or unredeemed apartment is the property of the municipality or other government department.

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The transfer of such housing to Russian citizens is formalized by relevant agreements, which, in accordance with the Housing Code (LC), reflect their:

• rights;
• responsibilities;
• procedure for the operation of real estate.

In addition, regulations provide for the actions of interested parties in the event of the death of a tenant.

Operation of social housing

The operation of municipal or departmental housing is regulated by the Housing Code of the Russian Federation.

To legitimize the right to use living space and fix the responsibilities of the parties, a social tenancy agreement (SLA) is drawn up, in which the owner acts as a landlord (the term is used in the housing code), and the citizen acts as a tenant.

The document cannot contradict the Housing Code of the Russian Federation.

In accordance with Article 67, the tenant (tenant) is given the right:

• to move in citizens who do not have family relations with him;
• re-let residential premises partially or completely;
• allow temporary residence of other persons;
• replace or exchange residential premises;
• demand the provision of housing and communal services, major repairs and maintenance of common property in the amount and time frame provided for by law.

In addition, the employer is obliged:

• use housing strictly for its intended purpose;
• maintain housing so that its original condition does not deteriorate;
• ensure ongoing repair work;
• carry out in the prescribed manner and pay money for the use of property.

If the factors giving the tenant the right to use housing under a social tenancy agreement have changed, he is obliged to notify the owner of the property within the time limits established by law or the contract.

A state, departmental or municipal body has the right to terminate the contract in case of violation of the rules for using housing and in other cases provided for by law.

Termination occurs by court decision followed by.

Municipal apartment after the death of the tenant

If a responsible tenant in a municipal apartment dies, then, on the basis of Article 69 of the Housing Code of the Russian Federation, members of his family, which include only persons specified by law, have the right to operate the housing.

Who will get it?

The legislative act determines that:

1. Family members are considered to be those living in the given area together with the employer's spouse, children (grandchildren are not specified in the law) and parents. In the event of moving into an apartment of persons who are disabled and dependent, participate in running a joint household, they can be recognized in the prescribed manner as full members of the family, and in special cases, by a court decision, such status can be assigned to other citizens who do not have a direct family connection .
2. Family members and persons equivalent to them have identical rights and obligations with the main tenant, and family members whose legal capacity is limited by the court are jointly and severally liable.
3. All citizens listed above must be indicated in the social tenancy agreement.
4. If the family relationship between the tenant and the citizen is dissolved, but the latter continues to live in the living space, then his rights are preserved, and he bears responsibility for the obligations associated with the operation of the premises and specified in the DSN.

After the death of the tenant (tenant), a municipal apartment is subject to re-registration by drawing up a new social tenancy agreement.

The person entitled to registration is selected in accordance with the current legislation, which grants such a right exclusively to living family members or persons who have received such privileges in court.

How to re-register a right?

The rights and procedure for registration are defined, which states:

• any citizen using housing on the basis of an individual social rental agreement, having decided to start a family with another person using another premises, has the right to demand the registration of a general DSN for any of the family members;
• Any capable family member has the right to replace the original tenant with the consent of other members in agreement with the owner of the property (the municipality). The same rule applies to all family members or persons equivalent to them in the event of the death of the tenant.

After the death of the tenant (tenant), joint property in an apartment building (MKD) becomes shared property and is divided in equal parts between all family members and persons equivalent to them.

Registered family members

In accordance with the norms of the current legislation, all members of the tenant’s family registered (registered) in a municipal apartment have the right to further residence and to draw up a social tenancy agreement in their name.

The condition under which the contract is drawn up is the mandatory consent of all family members and the landlord with the candidacy of the main tenant.

The law limits such rights to incapacitated citizens.

Rights of minors

Persons who have not reached the age of majority at the time of the death of the tenant, who are included in the social tenancy agreement and registered (registered) in the apartment, have a lifelong right to reside in this living space.

A similar rule applies not only to municipal, but also to private residential real estate.

FAQ

The legislative act unambiguously interprets the circumstances of the transfer of rights to municipal housing in the event of the death of the tenant, but in everyday life situations arise in which citizens cannot navigate the current regulations and choose the right path to solve the problem.

Granddaughter registered

Citizens registered in an apartment do not always have the right to automatically re-register a social tenancy agreement in their name after the death of the original tenant.

One of such situations may be a grandmother living with her granddaughter, while the latter is registered in the apartment not as a family member, but is registered at the request of the tenant.

The tenant has this right in accordance with the Housing Code if the area of ​​the premises complies with living standards.

In other words, the granddaughter uses the living space as an outsider and does not have the right to register municipal property.

This problem is solved in the following order:

1. An application is submitted to the housing department of the municipality to draw up a social tenancy agreement for the granddaughter. Most likely, re-registration will be denied.
2. Having in hand a written refusal and documents confirming the relationship, testimony of witnesses, and other arguments confirming the status of the granddaughter as a member of the grandmother’s family, the citizen applying for living space goes to court with a statement of claim.
3. By decision of the court, he draws up the contract in his own name.

Citizens who had the right to reside and sign a contract for municipal housing before 1999 had to be included in the order, and currently in the social tenancy contract.

Caring for an elderly mother

There are also more difficult situations. For example:

• a citizen is caring for her elderly mother, who is a tenant of municipal housing;
• the daughter is not registered in the apartment, but bears all the costs of maintaining the housing;
• the main tenant refuses to include his daughter in the social tenancy agreement, since he has the exclusive right to do so under current legislation;
• The daughter has a suspicion that her mother suffers from a mental disorder, as evidenced by her stay in a psychiatric clinic.

My daughter needs living space because she lives in a hostel and is disabled, group 2. How can she get the right to housing for her mother?

Under such circumstances, it is necessary to know that the rights to municipal living space for the daughter in the event of the death of the mother will not be retained, since this would be contrary to the Housing Code of the Russian Federation.

Besperstova Alla Anatolyevna

Assistant lawyer for inheritance matters: consultations, resolution of disputes and issues, registration of inheritance

Articles written

In order to understand how the inheritance of a non-privatized apartment occurs, you need to know the Civil and Housing Codes of the Russian Federation, which indicate that all non-privatized property is owned by state or municipal authorities. The basis for living in an apartment owned by the state is a social rental agreement (Chapter 8 of the Housing Code of the Russian Federation).

This document is signed by a representative of the municipal authorities on the one hand and by the person living in the apartment on the other. It is urgent and usually ends with the death of the citizen living in the housing.

At the same time, the remaining citizens registered in this residential area and living together with the deceased individual temporarily lose the right to property, but cannot be evicted from the property they occupy.

A social tenancy agreement allows you to dispose of property within the framework that does not contradict it.

So, an apartment can be rented out, sold, exchanged (you can’t get it in any other way).

The person who has entered into this agreement has the right to register any of his relatives in the apartment if they are members of his family. Otherwise (when persons who are not members of the tenant’s family are allowed to live), the tenant will be required to carry out additional procedures to grant them the right of residence.

It is actually possible to bequeath non-privatized housing; according to the rules for drawing up a will, it can mention any property, including property not personally owned by the owner, if there are intentions to acquire full ownership of it.

Such a clause allows the relatives of the deceased person to retain the right to own the apartment.

Features of inheritance of non-privatized property are:

• Only close relatives of the deceased can inherit (1st degree relationship is required - spouse, children, grandchildren);
• housing is inherited provided that its former owner has submitted an application for privatization (and the heirs do not refuse such privatization);
• only those relatives who live with the testator or were registered in the specified living area have the right to inherit (this rule is not always observed);
• the heir has the right to privatize the property, or to conclude a new social tenancy agreement with municipal authorities (concluded by the heir who lives with the testator in the same living space until his death).

The death of a citizen is a reason for automatic termination of a social tenancy agreement (Article 83 of the Housing Code of the Russian Federation).

If the deceased employer does not have close relatives or persons who can claim the inheritance, the unclaimed property is returned to the real owner - the state.

Example: Citizen Lyubina A.R. died at the age of 85. She lived alone in the apartment she owned under a social rental agreement, had no children, and used the help of social services for the care of the elderly. Her funeral was handled by her cousins, who subsequently laid claim to the apartment. Since the citizen had not drawn up an official will, the inheritance case was referred to the court, which decided to recognize the state as the sole owner of the home. The basis for this decision was the long stay of potential heirs outside the country and their actual non-participation in the fate of the deceased great-aunt.

Re-registration and privatization

In order to re-register non-privatized housing and draw up a new social tenancy agreement, the heir of the direct line is obliged to contact the department registering the property at its location.

Housing office employees are required to provide detailed information about where and when to contact.

The agreement is drawn up in the housing office or administration and allows you to resolve the issue of who will get the apartment after the death of the owner, if the apartment has not been privatized.

If the heir does not want to enter into the said agreement, he has the right to submit documents for privatization, if such is possible in principle.

So, you cannot privatize:

• dorm rooms;
• housing issued for the duration of a citizen’s official activities;
• damaged property, regardless of whether repair work is planned for it;
• apartments located on the territory of military camps.

In order to privatize housing for which privatization did not begin until the death of its owner, you will first need to rent the apartment from the state, and only after that proceed to collecting documents to obtain ownership rights.

The required documents are:

• heir's passport;
• cadastral and technical passport;
• death certificate of the testator;
• consent to privatization of the second spouse;
• certificate of property value;
• receipt of payment of duty.

To begin the privatization procedure, it is best to contact a lawyer. The help of a lawyer is also necessary in the case of obtaining permission for this procedure from the second spouse.

In addition, a similar permit will need to be obtained from all adult citizens living with the person who submitted the documents in the same living space.

Consent to privatization is obtained from children who have reached the age of 14 (once they reach adulthood, they can take part in privatization again; adult citizens are deprived of this right).

Donation

Non-privatized apartments are not subject to donation. is possible only after receiving a privatization certificate.

You can inherit a non-privatized apartment, but you cannot give it as a gift.

The Civil Code of the Russian Federation states that a deed of gift can be issued exclusively for housing that is in the personal property of the owner, and since a social tenancy agreement only allows for a temporary right to use property, the donation procedure cannot be completed.

If a distant relative promises to transfer her apartment to a niece, nephew, brother, sister, or uncle, she is obliged not only to make a will, but also to allow the chosen relative to live with her under the same roof for some time. Otherwise, in the absence of others (direct heirs), the state will become the owner of non-privatized housing. Proving the right of inheritance will be difficult.

Exactly it is impossible to inherit a non-privatized apartment according to the law. From a legal point of view, speech This is about re-registration of a lease agreement (or order), and not about inheritance.

Why is this so? It's simple: you can only transfer and receive your own things.

Based on Article 1112 of the Civil Code of the Russian Federation, the deceased can only inherit what he was the owner of - cars, real estate, copyrights, finances.

There is, however, one nuance - citizen his abode. With the fact that at the time of his departure to a better world it will be privatized. But again, this will be considered private property, not municipal property. Non-privatized living space, according to Article 672 of the same code, will remain with the legal owner - the state. And it will no longer be possible to include it in the inheritance mass.

All this, of course, does not mean that the former inhabitants will be ordered to get out. According to the same article 672, part 2 of the Civil Code, an orphaned family can safely live within their own walls as before.

True, not as heirs, but as members of the household of the new employer, which, as we see, is not the same thing.

Article 1112. Inheritance

The inheritance includes things and other property that belonged to the testator on the day the inheritance was opened, including property rights and obligations.

The inheritance does not include rights and obligations that are inextricably linked with the personality of the testator, in particular the right to alimony, the right to compensation for harm caused to the life or health of a citizen, as well as rights and obligations, the transfer of which by inheritance is not permitted by this Code or other laws .

Personal non-property rights and other intangible benefits are not included in the inheritance.

Article 672. Lease agreement for residential premises in the state and municipal housing stock for social use

1. In the state and municipal housing stock for social use, residential premises are provided to citizens under a social tenancy agreement for residential premises.
2. 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.
3. A social tenancy agreement for residential premises is concluded on the basis, on the terms and in the manner provided for by housing legislation. The rules of articles , , , , paragraphs 1-3 of article of this Code apply to such an agreement. Other provisions of this Code apply to a social rental agreement for residential premises, unless otherwise provided by housing legislation.

What are the reasons?

Intention to privatize. The current practice is such that in order for a non-privatized apartment to be inherited, the intention of privatization is sufficient. You just need to correctly understand the term “intention” and not perceive it, say, as something that your uncle once threw out during a conversation.

Intent in this case means: officially announced privatization, but did not wait until it was completed(and this takes two months - clause 8 of the Privatization Law) and died. In this case, inconsolable relatives may become heirs.

Or they may not. The state most likely will not be happy that its property is being divided. Those who decide to fight the municipality within the walls of Themis can rely on the Supreme Court Resolution “On some issues of the application by courts of the Law of the Russian Federation “On the privatization of housing stock in the Russian Federation” No. 8 of August 24, 2008.

How to make sure that the employer expressed such intention before death:

• he submitted an application for privatization and a package of related papers;
• did not declare a response (you should definitely make sure of this before “showdowns” with the authorities in order to avoid unpleasant incidents. It often happens that the grandfather first wanted to privatize his area, then changed his mind, but did not say anything to his relatives. And they will only find out about it from his of death.

Social tenancy agreement. Issued new social contract hiring with a family member(husband, wife, children, parents, as well as persons who ran a common household with the employer) of the deceased. Provided that the candidate lives in the disputed Vatera. Then he can absolutely safely use it as a new tenant or transfer it into his own property.

And 69 of the Housing Code gives the newly hired tenant the right to move in his family and even people who have not previously lived with him.

Article 69. Rights and obligations of family members of a residential tenant under a social tenancy agreement

1. Family members of a tenant of residential premises under a social tenancy agreement include his spouse living with him, as well as the children and parents of this tenant. Other relatives and disabled dependents are recognized as family members of the tenant of the residential premises under a social tenancy agreement if they are settled by the tenant as members of his family and run a common household with him. In exceptional cases, other persons may be recognized as family members of the tenant of a residential premises under a social tenancy agreement in court.
2. Family members of the tenant of a residential premises under a social tenancy agreement have equal rights and obligations with the tenant. Members of the family of the tenant of a residential premises under a social tenancy agreement who are capable and limited in their legal capacity by the court bear joint and several liability with the tenant for the obligations arising from the social tenancy agreement.
   (as amended by Federal Law No. 49-FZ dated April 24, 2008)
3. Family members of the tenant of residential premises under a social tenancy agreement must be indicated in the social tenancy agreement for residential premises.
4. If a citizen ceases to be a member of the family of the tenant of the residential premises under a social tenancy agreement, but continues to live in the occupied residential premises, he retains the same rights as the tenant and members of his family. The said citizen is independently responsible for his obligations arising from the relevant social tenancy agreement.

Rarely, but it also happens that the municipality flatly refuses to re-issue an agreement or order. In this case, you have only one path - to the Arbitration Court.

We are filing a lawsuit. It must indicate:

• your passport information;
• data of the defendant (Department of Housing Policy);
• in full - the name of the court;
• what do you want to receive;
• basis - articles of housing legislation.

In addition to the application itself, you will need the following documents:

• social tenancy agreement (order);
• personal account statement;
• certificate of residence;
• identification.

After the court rules in your favor, you will be able to write down the “squares” on yourself.

Who cannot inherit?

There is no chance for a person who did not live with the employer and was not even registered. If a citizen lived alone before his death and no one was registered at this address except him, the area will be transferred to the poor family next in line.

Suppose you did have a close relationship with the deceased: you cared for him before his death and made a significant contribution to his household. And most importantly, you can prove it. Try to achieve your goal through the servants of Themis.

Need to say, There are many such enthusiasts, but they are not often lucky - your opponent(Department of Housing Policy) has some powerful aces up its sleeve. These are the poor people on the waiting list, the Housing Code and the Constitution of the Russian Federation.

Therefore, it is better to contact a competent lawyer, this will significantly increase your chances of success.

If you do not want to return its own thing to the state, be prepared for the fact that it won’t put up with it so easily. You will have to fight for your interests. If the deceased did not even have time to try to privatize the housing, you are facing a trial, which means do not put off visiting an experienced lawyer.