Perpetual right to use the premises. What does the gratuitous perpetual use of an apartment mean Perpetual right to use in an apartment for demolition

Hello Dmitry.

Their right to use in connection with deregistration does not automatically terminate.

They can be recognized by the court as having lost the right to use if they voluntarily moved to another residential premises, renounced their right to use.

Clarifications of the Supreme Court

Decree of the Plenum of the Supreme Court of the Russian Federation of 02.07.2009 N 14
"On some issues that have arisen in judicial practice in the application of the Housing Code of the Russian Federation"
32. In the temporary absence of the tenant of the residential premises and (or) members of his family, including former family members, they retain all rights and obligations under the contract of social rental of residential premises (Article 71 of the RF LC). If the absence of these persons in the residential premises is not temporary, then the persons concerned (landlord, tenant, family members of the tenant) have the right to demand in court that they be recognized as having lost their right to residential premises on the basis of part 3 of article 83 of the HC RF in connection with their departure to another place of residence and thereby terminate the contract of social employment.
When resolving disputes on recognizing the tenant, a family member of the tenant or a former family member of the tenant of the residential premises as having lost the right to use the residential premises under a social tenancy agreement due to their constant absence from the residential premises due to leaving it, the courts should find out: for what reason and for how long the defendant is absent in a residential area, whether his departure from the residential area is forced (conflict relations in the family, divorce) or voluntary, temporary (work, education, treatment, etc.) or permanent (he took his things out, moved to another locality , entered into a new marriage and lives with a new family in another residential area, etc.), whether he was prevented from using the residential premises by other persons living in it, whether the defendant acquired the right to use another residential premises in a new location residence, whether he performs obligations under the contract for payment of housing and utilities, etc.
When the court establishes the circumstances that testify to the defendant's voluntary departure from the residential premises to another place of residence and the absence of obstacles to the use of the residential premises, as well as his unilateral waiver of the rights and obligations under the social contract of employment, a claim for recognition of him as having lost the right to the dwelling is subject to satisfaction on the basis of part 3 of article 83 of the HC RF in connection with the termination by the defendant in relation to himself of the contract of social employment.
The absence of a citizen who voluntarily left a dwelling to another place of residence, in a new place of residence, of the right to use a dwelling under a social tenancy agreement or ownership of a dwelling in itself cannot be a basis for recognizing the absence of this citizen in the disputed dwelling as temporary. , since, according to Part 2 of Article 1 of the HC RF, citizens, at their own discretion and in their own interests, exercise their housing rights. The intention of a citizen to refuse to use the residential premises under a social tenancy agreement can be confirmed by various evidence, including certain actions, which together testify to such an expression of the will of the citizen as a party to the residential tenancy agreement.

Sincerely! G.A. Kuraev

The right of perpetual use of residential premises: subjects of ownership and their rights.

In legal practice, a frequently asked question is: "Who has the right to use the premises indefinitely?".

According to the norms of federal legislation, the settlement in a house, apartment or other residential premises that is not privatized, a person as a family member is the basis for recognizing his right of perpetual use.

What is the right to perpetual use of residential premises?

The right to use the premises indefinitely is the possibility of a citizen, guaranteed by the norms of domestic legislation, to live in an apartment or house on a permanent or temporary basis, store his belongings in it, have animals, invite friends, that is, behave like the owner of the house.

There must be grounds for this right to arise. Let's highlight the most important ones:

1. Signing a contract of employment;

2. Conclusion of a contract for the rental of a commercial residential building;

3. Buying an apartment;

4. Privatization of real estate;

5. Direct kinship with the owners of the apartment, who gave their consent to the citizen for indefinite residence;

6. Signing an agreement on the indefinite use of living space.

It should be noted that, with the exception of cases of privatization or the signing of a housing contract, the perpetual use of the apartment is not documented in any way. Registration of a place of residence is an administrative act that is necessary for systematic accounting. It is not a factor in claims for home ownership. Therefore, citizens of the Russian Federation often have to prove their constitutional rights in court.

Often people buy an apartment, equip it, make repairs, plan a family future, and then, on the threshold of their ownership, a person appears who has the legal right to live in his house. The former owners simply did not indicate that their relative lives indefinitely in this apartment. The question arises regarding persons who have the right to lifelong residence in the apartment, but not to his disposal.

1. Relatives, family members who lived in the apartment, house until the moment of privatization and refused the legal transaction. The right of residence for such a person is retained for life, even if the owners have changed several times and the “roommate” has a different registration address.

2. Legatees who operate the premises under a testamentary refusal. This means that the grandmother allowed her granddaughter to live in her apartment, but not to sell it.

3. Persons, recipients of rent, who live in the house on the basis of a maintenance agreement.
All these persons, in accordance with the norms of the Housing Codes of the Russian Federation, have the right to indefinite residence in the house, regardless of their form of ownership.

When is the right to indefinite use of residential premises forfeited?

Own housing or premises of the municipal form of ownership can be "taken away" from an individual from indefinite use. There are a number of factors for this.

The owner of a private premises loses square meters if:

1. Unauthorized redevelopment of the building was carried out, which may threaten the life of a person or neighbors. If the owner refuses to make repairs back, the court has the right to evict the person and sell the building at auction.

2. The premises are not used for their intended purpose, the rights of neighbors are systematically violated, all actions are aimed at destroying the house, apartment. Initially, the local self-government body issues a warning to the owner, and then, if the latter has not taken appropriate measures, the court issues an order to evict him from the house.

Municipal premises may be taken from perpetual possession in the following cases:

1. Departure for a permanent place of residence of a person and a change of his place of registration entails the termination of the rights to permanent use of the residential premises;

2. Failure to fulfill the obligations of the tenant: the absence of utility bills and rent for six months;

3. Damage to the living quarters, destruction, not maintaining cleanliness and order in it;

4. Violation of the rights of neighbors, which affects their living;

5. Use of the apartment as an office, shop, warehouse.

An individual who is a relative of the owner of the apartment, however, in the event of a combination of circumstances, is forced to break family relations with him, may be evicted from the apartment. However, if there are minor children (a case of divorce), such a citizen of the Russian Federation can file a lawsuit for an offense of constitutional rights. Otherwise, persons who lived in the house, but were not its owners, lose the right of perpetual possession.

There are a number of decisive factors for this:

1. The apartment was sold to third parties;

2. A citizen used the premises under a testamentary agreement, but violated all the conditions and systematically destroyed the apartment;

3. The perpetual use agreement was terminated. It can be broken before the expiration of the time specified in the contract only in court.

According to domestic legislation, the right to lifelong use of an apartment is provided, and it entails the inability to write out or evict the person concerned, even if the owner changes.

The right to permanent residence and use of the apartment

The non-terminating right of forced residence may arise during privatization if a person renounces it in favor of other persons - family members. Family ties may weaken and it may be possible to “expel” a relative to the street, but the law will be on his side. Thus, the Supreme Court of Russia has repeatedly pointed out to the courts that it is impossible to satisfy the requirements for deregistration of persons who have refused privatization.

The right to lifelong residence and use of an apartment may arise from the legal relationship of inheritance, for example, when establishing the refusal of a will. We remind you that a testamentary refusal allows the testator to "bestow" the heir at the same time with the duties and rights of the person registered in the apartment.
Important! This is how, for example, a dwelling is bequeathed with the obligation to grant the right to life-long use of housing to a brother / aunt / grandmother, etc.
"Lifetime" registration when paying for a share in a housing construction cooperative from its members, as well as former members and their spouses. For lifelong residence, it is enough to pay a part of the share and keep the documentation confirming this fact.
The conclusion between the spouses of a marriage contract or an agreement on the division of property, which contains a provision on the right of life-long use of the spouse-non-owner, also entails the inadmissibility of eviction of this citizen.
Minors from an orphanage or other children's institution retain the right to the abandoned living space involuntarily and cannot be deprived of their registration in it.

Important! These categories of people have the right to life-long use and possession of the occupied premises.

How can I get a lifetime contract?

The owner of housing space has the right to provide for use or possession of housing belonging to him on the right of ownership:

on the basis of a contract of employment;
contracts for gratuitous use;
on other legal grounds;
as well as to a legal entity on the basis of a lease agreement or on another legal basis, taking into account the conditions established by the Civil Code of Russia.

According to article 683 of the Civil Code of the Russian Federation, a residential lease agreement is concluded for a period not exceeding 5 years. If the term is not specified in the agreement, it is considered concluded for 5 years.

Under a gratuitous use agreement (loan agreement), the lender (one party) is obliged to transfer the thing for gratuitous use for a time to the borrower (the other party), the latter is obliged to return the same thing in the condition in which he received it, taking into account normal wear and tear or in condition which is stipulated by the contract.

Thus, when purchasing an apartment, it is worth paying attention to the persons registered in it in order to make sure that the chosen apartment is not burdened by the “eternal guests” living in it.

ATTENTION! Due to recent changes in legislation, the information in the article could be out of date! Our lawyer will advise you free of charge - write in the form below.