English

Interchange of apartments

 

A lessee of premises rented under a social lease contract with the written consent of a lessor and members of his family living together with him, including temporarily absent members of his family, has the right to make an interchange of the rented premises for the premises rented by  another lessee under the social lease contract. Members of the lessee’s family living with him have the right to demand an interchange of premises rented under a social lease contract for the premises of another lessee rented under social lease contracts in different houses or apartments. If there is no agreement reached on an interchange between the lessee and other members of his family living  with him in the premises rented under a social  lease contract, any of the family members has the right to demand a compulsory exchange of rented premises in a legal form. In this case reasonable arguments and legitimate interests of the people living in intended for interchange premises are taken into consideration.

The interchange of the premises rented under social lease contracts and in which the minors, incapacitated or partially incapacitated members of the lessee’s family live is only permitted with a preliminary consent of bodies of trusteeship and guardianship. The bodies of trusteeship and guardianship can refuse to give a consent in case if the interchange of the premises rented under social lease contracts breaks the rights or legitimate interests of the mentioned people. Decisions of the bodies of trusteeship and guardianship to give a consent to the interchange of the premises or to refuse to give it are accepted in the written form and are given to applicants within fourteen working days from the date of submission of these applications.

The interchange of the premises rented under social lease contracts can be made between the citizens living in the premises, located in the same or in different settlements on the territory of the Russian Federation. The interchange of the premises is made without limitation of a number of its participants according to the requirements of a part of 1 clause 70 of the Housing Code. The interchange of the premises between the lessees of the given premises rented under social lease contracts is not allowed in case:

1) an action is sued against the lessee about termination or change of the social lease contract;

2) the right of use of the premises intended for interchange is disputed in the court;

3) the premises intended for  interchange are recognized as unsuitable for residing;

4) a decision is made about destruction or reconstruction of the house intended for other purposes use;

5) a decision is made on major reparation of the house with reorganization and (or) re-planning of premises in this house;

6) as a result of the interchange, a person with any form of heavy chronic diseases moves in a communal apartment.

Registration of the interchange between the lessees the premises under social lease contracts.

1. The interchange between the lessees of the premises under social lease contracts is carried out with the consent of lessors on the grounds of the signed contract between the lessees about the premises intended for interchange.

2. The premises interchange contract is made in a written form as one document signed by the lessees.

3. The premises interchange contract (the original) signed by the lessees is given to each lessor, with whom the social lease contract of the said premises has been signed, to get a consent to the interchange. The consent or refusal to give a consent is made by the lessor in the written form and should be given out to the lessee who requests the consent or to his representative not later than ten working days from the date of request.

4. A refusal of the lessor to give a consent to interchange the premises is permissible only in the cases stipulated by clause 73 of the Housing Code. A refusal of the lessor to give a consent to the interchange can be appealed in the court.

5. The premises interchange contract and the consent of each lessor of the premises intended for interchange are the grounds for terminating the social lease contracts between the lessor and the lessee on the premises intended for interchange according to the interchange contract, and at the same time are the grounds for signing  a new social lease contract between the lessor and a new lessee moving in the premises according to the interchange contract. Termination and signing of social lease contracts are carried out by the lessor not later than ten working days from the date of the request and the presentation of the documents mentioned in this paragraph.

 

Declaration of premises interchange contracts be void can be made in the following cases:

 1. The interchange of the premises under social lease contracts can be nullified by the court on the grounds established by the civil legislation for a recognition of the transaction void, including the cases of failure of the contract to follow the requirements stipulated by the present Code.

2. In case the interchange of the premises under social lease contracts is declared void, the parties of the interchange are subject to moving back in the earlier occupied premises.

3. In case the interchange of the premises under social lease contracts is declared void due to unfair actions of one of the parties of the interchange contract, the guilty party is obliged to compensate to the other party the losses resulted from the interchange.

 

 

 

 

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