I to be deceived is glad...
I to be deceived is glad...
Handing over or removing habitation, it is easy to face with
Swindlers. How to hand over to (remove) habitation vnaem or podnaem and
To avoid a deceit? With these questions in increasing frequency address
kemerovchane in city administration. Unfortunately, the majority
Ask about the help, as a rule, after will get to the difficult
Situation.
With occurrence of market relations at people has appeared
Possibility to get in the property premises. And
The sizes of the property are not limited to the law, it means, that
To own it is possible several apartments, disposing of them on the
To the discretion. Including to rent etc. In these cases
So-called "lodger" is the employer, and the proprietor
Premises - najmodatelem.
Living in premises state or
Municipal available housing on the basis of warrants
The established sample (that is those who did not privatise habitation)
Are called as employers, the right of the order premises not
Possess. Therefore in case of need delivery occupied with it
Habitation (or its parts) in podnaem, the employer, according to
Item 76 of the Housing code, is obliged to receive the consent of the proprietor.
Such consent in Kemerovo on behalf of the proprietor (if speech
Goes about municipal available housing) gives out committee on the housing
To questions of administration of a city.
For registration of relations, maintenance of guarantees and observance
Interests of both parties, and also according to item 674
The civil code of the Russian Federation, item 76 ZHK employment or podnaem the inhabited
Premises should be issued the contract made in idle time
To the written form. In treaty provisions all also is reflected, about
Than the parties (the proprietor-najmodatel and the employer agree
Or the employer and podnanimatel): term of residing, a condition
Premise maintenances, operating repair carrying out, terms and
The sizes of payment, registration terms in a place of stay in the removed
Premises etc.
Understanding, that is far not everyone is capable to make competently
Such contract, committee on housing questions on the instructions of the head
Cities has developed approximate forms of contracts of hiring and podnajma, and
Their samples for the general availability are directed to everyone REU. That is
In any REU (on a residence) you can receive the sample
Contracts. In case wish to make the contract, more
Detailed, or, on the contrary, more compressed, and it is thus maximum
To protect the interests the help in it can render
The municipal enterprise "the Bureau on a floor space exchange" (avenue
Soviet, 59). In the same place will give the necessary consultation. Besides, for
Explanations it is possible to address and it is direct in committee on
To housing questions.
As it was already mentioned, the employer of premises (the living
Under the warrant) for its delivery in podnaem should receive on it
The corresponding permission, i.e. The contract podnajma should be
It is co-ordinated in committee on housing questions. This procedure
Simple, but obligatory: the parties make the contract and with
The corresponding statement address in committee on the housing
To questions (avenue Soviet, 54) in reception hours of citizens (everyone
Monday and Thursday from 9.00 till). At itself it is necessary to have
Documents proving the identity, the warrant, inquiry REU on structure
Families in case in podnaem the part of premises surrenders,
That according to item 77 of the Housing code is represented
The inquiry on a state of health of members of a family najmodatelja. Committee on
To housing questions co-ordinates or refuses (if is on that
The bases) in the contract coordination in day of the reference.
According to the governmental order of the Russian Federation from 17.07.1995
N 713, the citizens who have arrived for time residing at the inhabited
The premises which are not their constant residence, on
Term over 10 days, are obliged within three days from the date of arrival
To be registered in them in a stay place.
This norm not only solves many problems of lodgers,
But also provides safety of the owner of premises. After all
Registration term in a stay place as already it was specified above,
Should be one of treaty provisions and cannot exceed term
Contract actions. People, not knowing the legal nature of the such
Relations, frequently are afraid to take this step that is perfect
In vain.
Meanwhile, Code item 178 about administrative offences
Provides administrative responsibility for residing
Without registration in a place of stay or a residence. The sanction
For such offence - the penalty imposed administrative
The commission of administration of a city.
The numerous checks spent by branch on check
Passport system of the Department of Internal Affairs of a city, show, that the majority of the inhabited
Premises of the state and municipal available housing
Surrenders citizens in an illegal order, i.e. Or on the oral
Arrangements, or on written, but which because of the
Legal inconsistency and the contract to name it is impossible. And in
The volume, and in other case delivery of premises in podnaem is carried out
Without the permission of city administration that is item infringement
76 ZHK, item 672, 675 Civil codes of the Russian Federation.
In such situation from a deceit any of the parties is not insured,
If someone from dogovoarivajushchihsja appears unfair.
I will describe situations, most often meeting:
- "Lodger" has paid for residing for a year in advance, and through
Month (or other term) appears the true owner of apartment and,
Showing the warrant on premises, demands its clearing.
It has appeared, "lodger" has paid money to the person who was giving out for
"Owner";
- "Lodger" has paid the sum for certain term and on
Its expiration it has refused to be moved and has ceased to bring a payment
To the employer;
- "Lodger" has paid the sum for certain term, but to
Its terminations has handed over a premise other "lodger", also for
The certain sum and for certain term, and the employer cannot
To be installed in the premises;
- There are also such cases, when the employer of one
Premises agrees about its delivery simultaneously at once with
Several lodgers, naturally, taking money from everyone;
- Orally having agreed about long-term relations, "lodger"
Carries out expensive repair of premises, but at once
After carrying out of repair the owner, resulting the "valid" reasons,
Asks apartment to release;
- "Lodger" has paid the sum to the employer for certain term,
But on the revealed fact of illegal residing without
The corresponding contract, the permission of the proprietor and registration
In a place of stay on request of the proprietor it is compelled
To release premises.
The given list far does not settle all examples. Similar
Cases can be avoided if to be only legislative
Citizens and not to hope on "perhaps". As the existing
The scheme of delivery of coordination allows to protect citizens from many
Unforeseen troubles and to some extent disciplines
Participants of contracts. Certainly, legality of delivery of premises
Will cause certain material costs in a kind
Payments of surtax from the sums received for delivery of the inhabited
Premises.
However if to compare risk, moral and material losses
In case of failure and expenses on surtax payment (13
Percent from the income sum), they, of course, nesravnimy.
The proprietor at the coordination of the contract does not dictate to the agreeing
To the parties the size of payment for podnaem, their this right. The tax sum
Depends on the received sums for employment (podnaem). By our calculations,
It averages approximately 50 roubles a month. It not so
It is a lot of in comparison with risk, to which you, dear proprietors and
Employers, be exposed. Knowingly in the people there is a wise
Proverb: "Avaricious pays twice". Therefore it is necessary to choose:
Legality or illegality. But thus I wish to warn, that
Current year, according to the administration order
Cities N 3344 from 28.12.2001, with a view of order realisation
Administrations of the Kemerovo area from 23.08.2000
N 826 "About activization of job on collection of surtax with
The citizens of the Kemerovo area renting habitation and another
Real estate ", and also according to the developed
By plan of measures there is begun job on revealing of citizens, illegally
Living in premises, to their attraction to the administrative
Responsibility, to eviction under certain circumstances
The citizens (employers) who are illegally handing over premises in
podnaem, and also to bringing to account for shelter of incomes
Etc.
This job is spent together with tax police,
Tax inspection, branch on passport system check
The Department of Internal Affairs of a city, passport and visa service, city administration.
Tenants of apartment houses, including specialised
Houses of hotel type, as a rule, do not give value to that,
That in premises instead of one employer (proprietor)
Lives some "lodgers". Meanwhile, cost
Utilities consumed by them lays down on shoulders of the lawful
Inhabitants. Unfortunately, many do not realise it.
Perhaps, in it the reason of an "unreasonable" payment also is covered for
Ours "gostinki". Reflect.
You can help us in revealing of the illegal
Residing of citizens, thereby to assist itself.
In summary I wish to tell, that the guarantor of the safety at
To delivery of premises vnaem or podnaem each of us is,
Whether it be the proprietor, the employer or podnanimatel, the main thing - not
To forget about that all should be issued in the established
The law an order.
Elena VOHMINA, the chairman of committee on housing questions
Administrations of Kemerovo.
<$>
//* an information Source: Kuzbas (Kemerovo), 1.02.02
//* Reg. Nom. - 1120200071.17-------------------------------------------
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