How to repair a municipal apartment?

To answer this question, you need to understand exactly what municipal housing is. According to the Civil Code, this housing, which is not in the personal possession of residents, is the property of regional or federal authorities, and is provided to residents for living, under a social contract of employment.

However, as practice has shown, many citizens living in apartments of a municipal type, not only did not read, but did not even see such a document, much less have it in their hands. Therefore, ignorance of their duties and rights regarding the maintenance of municipal housing usually leads to contentious situations between the owners of municipal apartments and their tenants, especially when repairs to the municipal apartment are needed.

Legal relations of the parties in the repair of a municipal apartment

The basic rules governing the legal relationship between homeowners and their tenants are listed in the Housing Code. In the case of municipal housing, the list of rules is being expanded through an additional social hiring agreement.

A tenant of municipal housing must fulfill the following obligations:

1. make timely payments for the apartment, and for the provided utility services;
2. operate housing for its intended purpose;
3. maintain the established order in the living room, i.e. comply with established sanitary standards, carry out ongoing repairs;

The duties of the owner include:

1. timely transfer to the tenant a dwelling free of the rights of other persons;
2. regularly take part in the repair of common property in the building in which the rented premises are located;
3. provide the tenant with the provision of public utilities in the required volume and of appropriate quality;

Consequently, a small "cosmetic" repair of the municipal apartment is carried out at the expense of the tenant.

Overhaul of a municipal apartment: who pays?

Based on the rules of housing legislation, the burden of maintaining the municipal property is assigned to its owner, therefore, the overhaul of the municipal apartment is required to be carried out by the landlord appearing in the social rental agreement. The tenant may require the municipality to carry out a major overhaul of the apartment, and the owner is required to complete it. If the tenant is refused a major overhaul of the municipal apartment, an expert examination of the technical condition of the dwelling should be carried out by independent specialists, and a court order should be required to overhaul it.

In addition, the employer has the right to recover a choice:

1. reimbursement of expenses for independent overhaul;
2. Compensation for damage caused by the landlord, unfair performance or non-performance in general of the specified obligations in the contract;
3. reduction of fees for using a municipal apartment;

In order for the municipal authorities to carry out repairs, the tenant is obliged to apply to the city administration with a written request. After that, you can proceed directly to the repair of the premises, which begins with the selection of the correct finish. For the next repair phase, read here.

Watch the video: Landlord Promises and You! - Municipal Affairs Commission Housing Videos (December 2024).