Grounds and procedure for changing or terminating a commercial rental agreement for residential premises. Grounds for termination of a commercial lease agreement Types of lease agreements

The Code of the Russian Federation establishes a rule according to which the tenant of a residential premises has the right, with the consent of persons permanently residing with him, to terminate the tenancy agreement at any time with a written warning to the landlord three months in advance (clause 1 of Article 687).

A residential tenancy agreement may be terminated in judicial procedure at the request of the lessor in the following cases:

– failure by the tenant to pay for the residential premises for six months, unless the contract establishes a longer period, and for short-term rentals - more than twice after the expiration of the payment period established by the contract;

– destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible;

– use of residential premises for other purposes or in case of systematic violation of the rights and interests of neighbors.

In such cases, the landlord may warn the tenant about the need to correct the violation. If the tenant or other citizens for whose actions he is responsible continue to use the residential premises for other purposes after warning or violate the rights and interests of neighbors, the landlord has the right to terminate the rental agreement in court.

In all these cases, by court decision, the employer may be given a period of up to a year to eliminate these violations. If, within the period determined by the court, the tenant does not eliminate the violations or does not take all necessary measures to eliminate them, the court, upon repeated application by the landlord, may decide to terminate the contract. Short deadlines established for the defendant to repay the debt may be formalized by a court ruling to postpone the proceedings in the case. In this case, at the request of the employer, the court has the right to postpone the execution of the decision for a period of no more than one year.

At the request of either party, the contract can be terminated in court if the premises are no longer suitable for habitation, as well as in the event of an emergency.

As a consequence of termination of a residential tenancy agreement, the Civil Code of the Russian Federation provides for eviction from the residential premises based on a court decision (Article 684). And in the event of termination of family relations with the owner of a residential premises, the right to use this residential premises for a former family member of the owner of this residential premises is not retained, unless otherwise established by an agreement between the owner and the former member of his family (clause 4 of Article 31 of the Housing Code of the Russian Federation). Taking into account the countless number of cases when, after a divorce, an ex-husband or wife demands a share in the spouse’s apartment (and even more often in the apartment of his parents), this approach seems fair. But there is also a minus - a spouse who comes to live in someone else’s area will live there all his life on “bird rights”.

You can protect yourself by concluding an appropriate agreement in advance (nuptial agreement). The Housing Code protected the interests of those families who at one time privatized an apartment for one of the spouses. For such cases, it is provided that family members also have the right to their share in the apartment. To protect the interests of children, the Housing Code of the Russian Federation clearly states the obligation of the homeowner to take care of providing other space to former family members.

A rental agreement is an agreement under which one party (the lessor) undertakes to provide the other party (the tenant) with residential premises for a fee for possession and use for living in it. The rental agreement is concluded in writing.

The period for which a rental agreement can be concluded is no more than five years. If the contract does not specify a term, the contract is considered to be concluded for five years. An agreement concluded for a period of up to one year is considered a short-term rental agreement (Article 671, Civil Code of the Russian Federation).

Rights of the tenant and lessor to terminate the contract

The tenant of the residential premises has the right to terminate the tenancy agreement early. If other persons live with the tenant, then their consent is required for this (Clause 1, Article 687 of the Civil Code of the Russian Federation).

The lessor has the right to terminate the rental agreement early only in court in the following cases (clauses 2, 4, article 687, clause 2, article 450 of the Civil Code of the Russian Federation):

• if the tenant has not paid for the residential premises for six months (unless a longer period is established by the contract), and in case of short-term rental - if the tenant has not paid the payment more than twice after the expiration of the payment period established by the contract. At the same time, if the employer has paid a fee in a smaller amount than established by the contract, it is impossible to terminate the contract on the basis of non-payment of payment. In addition, the court will assess the validity of the reasons why the tenant did not pay rent for the premises (whether there was a long delay wages, difficult financial situation, presence of disabled people, minors in the employer’s family and other similar circumstances);
• the employer or other citizens for whose actions he is responsible have destroyed or damaged the residential premises;
• the tenant uses the residential premises for other purposes or systematically violates the rights and interests of neighbors. Systematic violation of the rights and interests of neighbors - this includes repeated actions to use residential premises without complying with the requirements fire safety, sanitary and hygienic requirements, rules for the use of residential premises (for example, violating the rules for keeping pets, committing hooligan acts against neighbors, violating the silence regime at night, etc.);
• the employer violated other essential conditions agreement.

Both the tenant and the landlord have the right to demand termination of the contract in court if the premises are no longer suitable for permanent residence or are in disrepair (clause 3 of Article 687 of the Civil Code of the Russian Federation).

Procedure for terminating the contract

We recommend that the party who intends to demand termination of the residential rental agreement adhere to the following algorithm.

Step 1. Send a proposal to terminate the contract to the other party to the rental agreement

A party to a contract wishing to terminate a residential tenancy agreement must send such a proposal to the other party. If the parties agree to early termination of the contract, they draw up a corresponding agreement (clause 1 of Article 452 of the Civil Code of the Russian Federation).

If the tenant notifies the landlord in writing of termination of the contract at least three months in advance, the contract will be terminated regardless of the consent of the landlord (clause 1 of Article 687 of the Civil Code of the Russian Federation).

If the basis for termination of the contract is the use of residential premises by the tenant and the citizens living with him for other purposes or systematic violation of the rights and interests of neighbors, the landlord can pre-warn the tenant about the need to eliminate such violations (Clause 4 of Article 687 of the Civil Code of the Russian Federation).

The proposal to terminate the contract can be conveyed to the other party directly or sent by registered mail with acknowledgment of receipt.

Step 2. If an agreement to terminate the contract is not reached, go to court with a statement of claim

You can go to court only after you receive the other party’s refusal to terminate the contract or if you do not receive a response from the other party within the period specified in the proposal, and in its absence, within 30 days (Clause 2 of Article 452 of the Civil Code of the Russian Federation) .

In the statement of claim, the landlord should state a demand for both termination of the contract and eviction of the tenant and persons living with him (Article 688 of the Civil Code of the Russian Federation).

The statement of claim is filed with the district court at the place of residence of the defendant or the location of the legal entity if the defendant is an organization (Article 24, Code of Civil Procedure of the Russian Federation).

Pay the state fee. Since the claim is non-property, the state duty will be 300 rubles. (Clause 3, Clause 1, Article 333.19 of the Tax Code of the Russian Federation).

Attach to the statement of claim following documents(Article 132 of the Code of Civil Procedure of the Russian Federation):

• copies statement of claim by the number of defendants and third parties;
• a copy of the residential lease agreement;
• a copy of the title document for the residential premises (if the plaintiff is the landlord);
• proposal to terminate the contract and proof of its sending to the defendant;
• receipt of payment of state duty;
• other documents substantiating the claims.

Pay attention!

The court may grant the employer a period of no more than a year to eliminate the violations that served as the basis for termination of the contract. If the tenant does not eliminate the violations, the court, upon repeated application by the landlord, will decide to terminate the rental agreement. In this case, at the request of the employer, the court may delay the execution of the decision for no more than a year ( clause 2 art. 687 Civil Code of the Russian Federation).

Step 3. Obtain a court decision

The court decision comes into force upon the expiration of the period for appeal, if it has not been appealed. In this case, the deadline for filing appeal is a month from the date of adoption of the court decision in final form (part 1 of article 209, part 2 of article 321 of the Code of Civil Procedure of the Russian Federation).

Reference. Final form of the court decision

The adoption of a court decision in final form involves the preparation of introductory, descriptive, motivational and operative parts of the decision ( Part 1 Art. 198 Code of Civil Procedure of the Russian Federation).

The operative part of the decision is announced by the court in the same court hearing, in which the trial of the case ended ( Part 1 Art. 199 Code of Civil Procedure of the Russian Federation).

Drawing up a reasoned court decision may be postponed for no more than five days from the date of completion of the case. In this case, the reasoning part of the court decision must indicate: the circumstances of the case established by the court; evidence on which the court's conclusions about these circumstances are based; reasons why the court rejects certain evidence; laws that guided the court ( Part 4 Art. 198, part 2 art. 199 Code of Civil Procedure of the Russian Federation).

If an appeal is filed, the decision comes into force after the court considers the appeal, unless the appealed decision has been cancelled. If the decision of the court of first instance was canceled or changed and a new decision was made, it comes into force immediately (Part 1 of Article 209 of the Code of Civil Procedure of the Russian Federation).

Upon termination of a residential tenancy agreement, the tenant and other citizens living in the residential premises at the time of termination of the agreement are subject to eviction from the residential premises based on a court decision.

Step 4: Receive writ of execution and contact the bailiff service

If the defendant does not want to voluntarily comply with the court decision, contact the bailiff service. To do this, obtain a writ of execution from the court (Part 1 of Article 428 of the Code of Civil Procedure of the Russian Federation) and submit it to the bailiff service at the debtor’s place of residence along with an application to initiate enforcement proceedings(Article 30, Law of October 2, 2007 N 229-FZ).

Citizens evicted from residential premises have the right, if there is a good reason, to apply to the court for a deferment of execution of the court decision (Article 37 of the Law of October 2, 2007 N 229-FZ).

D.V. Karpukhin, Ph.D., Associate Professor of the Department of Civil Law Disciplines, Moscow Institute of Economics, Management and Law

L.B. Zabelova, Ph.D., Associate Professor, Department of Civil Law Disciplines, Moscow Institute of Economics, Management and Law

COMMERCIAL LEASE OF RESIDENTIAL PREMISES: FEATURES OF TERMINATION OF THE AGREEMENT

Currently, the overwhelming majority of Russians who have privately owned residential premises rent them out without properly formalizing a commercial rental agreement for residential premises, that is, in the “dark”. The most common judgment about the motives for this behavior is the reluctance to pay taxes on income received from renting out housing. An analysis of the legal regulations governing the mechanism for terminating a commercial lease agreement allows us to look at this problem not only from a purely material, but also from a formal legal perspective.

The current Housing Code of the Russian Federation (LC RF) identifies two classification grounds for the housing stock of the Russian Federation: depending on the form of ownership and purposes of use .

In accordance with Article 19 of the Housing Code of the Russian Federation, depending on the form of ownership, private, state and municipal housing funds are distinguished. The different intended purposes of residential premises predetermined the classification of the housing stock into specialized, individual social and commercial use.

Individual housing stock is a set of residential premises of a private housing stock, which are used by citizens - owners of such premises for their residence, the residence of their family members and (or) the residence of other citizens on the terms free use, as well as legal entities - owners of such premises for the residence of citizens under the specified conditions of use.

The housing stock for commercial use is a set of residential premises that are used by the owners of such premises for the residence of citizens on the terms of paid use, provided to citizens under other agreements, provided by the owners of such premises to persons for possession and (or) use.

Currently, it seems problematic to maintain statistical records of individual and commercial housing stock, since residential premises are rented out for commercial rent without proper documentation, which, according to the author, is due to two reasons:

Indeed, one should agree with the authors that in practice, only a small percentage of the total number of residential lease agreements concluded is in writing. Compliance with the written form occurs, as a rule, on the initiative of the realtors who prepared the transaction (which is explained by the possible unfavorable financial consequences for realtors if early termination an agreement concluded orally, at the initiative of the lessor; in particular, the obligation to return to the tenant the fee under the contract for the provision of services for finding a specific residential premises). The contract is drawn up on the letterhead of a real estate company, and sometimes realtors even act as a third party in the rental agreement. However, this circumstance, in my opinion, is difficult to recognize as complying with the law, since Part 1 of Article 671 of the Civil Code of the Russian Federation in defining the concept of a residential lease agreement names only two possible parties: the lessor and the tenant.

firstly, the desire of apartment owners and tenants to avoid paying taxes on income received from commercial rental of housing;

secondly, the legal features of termination of a commercial lease agreement at the initiative of the lessor, putting him at a disadvantage legal status compared to a citizen employer.

Current civil legislation regulates the rental of residential premises by the standards contained in Chapter 35 of Part 2 Civil Code RF (Civil Code of the Russian Federation) . Part 1 of Article 671 of the Civil Code of the Russian Federation contains a definition of a residential lease agreement, according to which one party - the owner of the residential premises or a person authorized by him (landlord) - undertakes to provide the other party (tenant) with residential premises for a fee for possession and use for living in it . The tenant under a residential lease agreement in accordance with the provisions of Part 1 of Article 677 of the Civil Code of the Russian Federation can only act individual. Legal entities may be provided with possession and (or) use of residential premises on the basis of a lease or other agreement (Part 2 of Article 671 of the Civil Code of the Russian Federation).

Currently, there are two types of residential lease agreements - social and commercial.

I would like to note as a separate, special agreement, based on its subject, grounds and procedure for conclusion and termination, the parties, their rights and obligations, in addition to the agreement social hiring and commercial rental agreement for the rental of specialized residential premises, legal regulation which is enshrined primarily in section IV Housing Code of the Russian Federation.

It also seems necessary to once again draw attention (as has been done many times previously in the legal literature) to the fact that Chapter 35 of the Civil Code of the Russian Federation, which regulates the rental of residential premises, does not contain any mention of “commercial” rental. Although this term is often used in judicial practice(for example, Determination of the Constitutional Court of the Russian Federation dated May 15, 2007 No. 379-OP, Determination of the Supreme Court of the Russian Federation No. 11-G03-30 dated September 12, 2003, Resolution of the Presidium of the Moscow Regional Court dated November 12, 2008 No. 595 in case No. 44g-234 /08).

Article 672 of the Civil Code of the Russian Federation contains general provisions on the social rental agreement for residential premises: concept, scope of application (state and municipal housing stock), rights and obligations of the tenant and members of his family. The norm contained in part 3 of this article is of a blanket nature and refers to housing legislation in terms of the procedure, grounds and conditions for its conclusion. Thus, in accordance with paragraph 1 of Article 4 of the Housing Code of the Russian Federation, housing legal relations include relations associated with the emergence, implementation, change, termination of the right of ownership, use, and disposal of residential premises of state and municipal housing funds. The Housing Code of the Russian Federation contains two chapters: 7 “Grounds and procedure for providing premises under a social tenancy agreement” and 8 “Social tenancy of residential premises”, containing rules governing the social tenancy agreement of residential premises.

When determining the civil legal nature of the commercial rental of residential premises, one should proceed not only from the fact that the regulations governing it are contained in Section IV “Certain Types of Obligations” of Part 2 of the Civil Code of the Russian Federation, but also take into account the normative interpretation Supreme Court of the Russian Federation, set out in the Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose in judicial practice when applying the Housing Code Russian Federation» .

In paragraph 4 of this Resolution it is explained that residential premises can be the object of both civil and housing legal relations and the courts should keep in mind that civil legislation, unlike housing legislation, regulates relations related to the ownership, use and disposal of residential premises as an object of economic turnover (for example, transactions with residential premises, including the transfer of residential premises for commercial lease).

Residential premises owned by private property rights to citizens and legal entities, can be provided under a commercial lease agreement to individuals.

A commercial rental agreement for residential premises is a fixed-term agreement - its duration cannot exceed five years. If the contract does not contain a term, it is considered to be concluded for five years (Part 1 of Article 683 of the Civil Code of the Russian Federation).

According to the author, the analysis of legal regulations regulating the powers of the landlord and the tenant indicates large quantities legal advantages provided to the tenant upon termination of the contract. The combination of legal preferences provided to the tenant makes concluding a commercial lease agreement unattractive for owners of residential premises - potential landlords.

Thus, Article 684 of the Civil Code of the Russian Federation provides the tenant of residential premises with a pre-emptive right to conclude an agreement for new term. No later than three months before the expiration of the residential lease agreement, the landlord must offer the tenant to conclude an agreement on the same or different terms or warn the tenant about the refusal to renew the contract due to the decision not to rent out the residential premises for at least a year. Thus, the owner is limited in the right to use the residential premises he owns in terms of the possibility of generating income, if he does not want to rent out the residential premises he owns to the tenant who previously occupied it. As can be seen from the above, the termination of a commercial lease of residential premises due to the expiration of the contract at the initiative of the landlord-owner is due to an extremely unfavorable condition - the impossibility of renting out housing for commercial lease to another tenant within a year.

It is difficult to agree with the authors that the pre-emptive right to conclude an agreement (due to the long-term nature of the use of the subject of the agreement) limits the owner “in terms of the possibility of generating income”, since the fee under the “new” agreement will be paid and, moreover, it can be increased based on from paragraph 2 of Article 684 of the Civil Code of the Russian Federation, which establishes that “the landlord must offer the tenant to conclude an agreement for the same or other conditions." Consequently, the landlord has the right to demand a higher fee for the ownership and use of residential premises.

From a financial point of view, it is problematic for the landlord to violate the one-year period during which he is deprived of the right to rent out housing. In this case, the employer has the right to demand that such an agreement be declared invalid and (or) compensation for losses caused by the refusal to renew the agreement with him. In fact, the landlord may be subject to civil liability for violating the regime of limited use of his housing if the conditions for priority right provision of residential premises to the tenant. In addition, the landlord bears “double” responsibility, since recognition of the transaction as invalid in accordance with Part 2 of Article 167 of the Civil Code of the Russian Federation carries the obligation for the landlord to reimburse the new tenant for everything received under the transaction .

Ineffective and discrediting legal status the lessor is a legal structure for terminating a commercial rental agreement for residential premises.

In accordance with Part 1 of Article 450 of the Civil Code of the Russian Federation, termination of the contract is possible by agreement of the parties, unless otherwise provided by the Civil Code of the Russian Federation, other laws or the contract. Therefore, the agreement of the parties is general rule termination of the contract. Part 2 of Article 450 and Article 451 of the Civil Code of the Russian Federation provide for cases of termination of a contract in unilaterally at the initiative of one of the parties in case of a significant violation of the terms of the contract by one of the counterparties, as well as in connection with a significant change in circumstances.

Thus, in accordance with Part 1 of Article 687 of the Civil Code of the Russian Federation, the tenant of a residential premises has the right, with the consent of other citizens permanently residing with him, to terminate the rental agreement at any time by giving the landlord three months’ written notice. The landlord is not provided with this opportunity by law.

Unilateral termination of a commercial rental agreement for residential premises at the initiative of both the landlord and the tenant in accordance with Part 3 of Article 687 of the Civil Code of the Russian Federation is possible in court in the following cases:

If the premises cease to be suitable for permanent residence, as well as in the event of an emergency;

In other cases provided for by housing legislation.

Unilateral termination of the contract at the initiative of the lessor may occur upon implementation of the legal requirement provided for in Article 684 of the Civil Code of the Russian Federation, as well as upon its termination by the lessor in the following cases:

Failure by the tenant to pay for the residential premises for six months, unless the contract establishes a longer period (Part 2 of Article 687 of the Civil Code of the Russian Federation);

Destruction or damage to residential premises by the tenant or other citizens for whose actions he is responsible (Part 2 of Article 687 of the Civil Code of the Russian Federation);

Use of residential premises for other purposes or systematic violation of the rights and interests of neighbors by the tenant or other citizens for whose actions he is responsible (Part 4 of Article 687 of the Civil Code of the Russian Federation).

At the same time, the procedure for terminating the contract in the last three cases in court is complicated for the landlord by the long period of time for carrying out this procedure at the discretion of the court.

I would like to note that in practice one can encounter cases when, when concluding rental agreements, the text of the agreement itself contains provisions on the need to comply pre-trial procedure There are no terminations of the contract at the initiative of the lessor. Moreover, one of the sections of the agreement contains the following provisions: “in the event unilateral termination of this Agreement and subject to compliance with all clauses of the Agreement by both parties, the party intending to terminate this Agreement is obliged to notify the other party of this intention 30 days in advance.” That is, based on the text of the contract, the landlord can, by sending an appropriate notice of termination, evict the tenant 30 days from the date the latter received such notice. However this right the lessor does not comply with the requirements of Part 2 of Article 687 of the Civil Code of the Russian Federation and, therefore, in this part, in accordance with Article 180 of the Civil Code of the Russian Federation, the transaction should be declared invalid.

Thus, by a court decision, the tenant may be given a period of no more than a year to eliminate the violations that served as the basis for terminating the rental agreement for residential premises. If, within the period determined by the court, the tenant does not eliminate the violations or does not take all necessary measures to eliminate them, the court, upon repeated application by the landlord, makes a decision to terminate the rental agreement for residential premises. At the same time, at the request of the employer, the court in the decision to terminate the contract may postpone the execution of the decision for a period of no more than a year (Part 2 of Article 687 of the Civil Code of the Russian Federation).

According to the author, the imperfection of this rule lies in the fact that in case of obvious negative actions (inaction) of the tenant and the persons for whose actions he is responsible, the landlord becomes dependent on the position of the court, which can delay the procedure for terminating a commercial rental agreement for up to two years.

It should be recognized that the termination of a commercial lease agreement may drag on for quite a long period. However, this is probably not due to the “position courts”, which must consider cases within the time period established by law, and with the very circumstances of the complicated case, contradictions in the documents. For example, a commercial lease agreement concluded in its essence and characteristics was initially “replaced” by the landlord with an agreement for “temporary rental of office residential premises.” Therefore, both the grounds and the subject claims did not correspond to the actual circumstances, which resulted in the case being sent for a new trial (Resolution of the Presidium of the Moscow Regional Court dated October 3, 2007 No. 627 in case No. 44g-313/07). I would also like to note that cases of termination of commercial lease agreements are quite rare in judicial practice.

This regulation infringes on the position of the landlord, as it allows the tenant to retain the right to reside in the owner’s residential premises for a long period. In addition, in accordance with Article 12 of the Civil Code of the Russian Federation, the right to terminate or amend a contract serves as one of the ways to protect violated civil rights. The provisions of Part 2 of Article 687 of the Civil Code of the Russian Federation, in our opinion, violate the right to defense granted to the landlord.

It should be noted that the Civil Code of the Russian Federation contains a provision on short-term rental of residential premises concluded for a period of up to one year (Part 2 of Article 683 of the Civil Code of the Russian Federation). According to the author, the design of this agreement is more attractive for potential landlords of residential premises, since it is not subject to the above provisions of Articles 684, 687 of the Civil Code of the Russian Federation, which burden the owners of residential premises with additional responsibilities upon termination of a commercial rental agreement for residential premises. A short-term commercial lease agreement can be terminated at the initiative of the lessor in court if payment is not paid more than twice after the expiration of the payment period established by the agreement (Part 2 of Article 687 of the Civil Code of the Russian Federation).

However, it should be noted that the short duration of the contract creates inconvenience for landlords-owners of residential premises, since the latter must regularly, with the frequency specified in the contract, carry out the procedure for prolonging the contract or terminating it.

So, the above legal analysis of the legal regulations governing the termination of a commercial lease agreement allows us to draw the following conclusions:

1. The Civil Code of the Russian Federation classifies commercial rental of residential premises as obligatory legal relations.
2. Legal regulations governing the termination of a commercial lease agreement create a clear imbalance between the rights of the landlord-owner of a residential premises and the tenant-citizen in favor of the latter. Indeed, one should agree with the authors that the procedure and grounds for terminating a commercial lease agreement at the initiative of the lessor, which they studied in detail, are aimed primarily at protecting the interests of the tenant. At the same time, the introduction of such restrictions seems justified based on the subject of the contract - residential premises. There is no doubt that the relations arising in connection with the provision of premises under the specified agreement are market ones. At the same time, the right to housing is a fundamental constitutional human right. Thus, Article 40 of the Constitution establishes that “everyone has the right to housing. No one can be arbitrarily deprived of their home.” However, as a result of granting greater rights to the landlord, the tenant may be evicted “on the street” without having time to conclude a lease agreement for another residential premises. Moreover, the interests of minors living with the employer may be infringed due to the need for an accelerated transfer to another kindergarten or school.
3. Discriminatory nature legal norms in relation to the landlord, it is expressed in burdening the owners with additional legal obligations (not to rent out housing for a year) and a lengthy procedure for terminating the contract in court, due to the subjective position of the courts.
4. The ineffectiveness of the legal structure of terminating a commercial lease agreement distances potential lessors from its conclusion.
5. More flexible and objectively reflecting the interests of the owners of residential premises is the legal structure of a short-term rental agreement in which there is no imbalance in the legal responsibilities of the subjects of the legal relationship in question.
6. Recognizing the provisions of Article 684 and paragraph four of paragraph 2 of Article 687 of the Civil Code of the Russian Federation as no longer in force will create legal conditions for increasing the number of landlords wishing to officially document relations with citizen tenants.

Digest:

The legal structure of termination of a commercial lease agreement is ineffective and discredits the legal status of the lessor.

Housing Code of the Russian Federation dated December 29, 2004 No. 188-FZ (as amended on May 13, 2008). // SZ RF, 2005, No. 1, art. 14, 2006, No. 1, art. 10, No. 52 (part 1), art. 5498, RG No. 297, dated December 31, 2006; SZ RF, 2007, No. 43, art. 5084, 2008, No. 17, art. 1756, No. 20, Art. 2251.

Civil Code of the Russian Federation (Part Two) dated January 26, 1996 No. 14-FZ (as amended on July 14, 2008, as amended by the Federal Law dated January 26, 1996) // “Collection of Legislation of the Russian Federation”, 1996, No. 5, art. 410, Art. 411, No. 34, Art. 4025, 1997, No. 43, art. 4903, 1999, No. 51, art. 6288, 2002, No. 48, Art. 4737, 2003, No. 2, art. 160, art. 167, No. 13, Art. 1179, No. 46 (part 1) art. 4434, No. 52 (part 1), art. 5034, 2005, 1(part 1), art. 15, Art. 45, No. 13, Art. 1080, No. 19, Art. 1752, No. 30 (part 1), art. 3100, 2006, No. 6, art. 636, 2006, No. 52 (1 part), art. 5497, 2007, No. 1 (1 part), art. 39, No. 5, Art. 558, No. 17, Art. 1929, No. 27, art. 3213, No. 31, Art. 3993, No. 31, Art. 4015, No. 41, Art. 4845, No. 44, Art. 5282, No. 45, art. 5428, No. 49, Art. 6048, No. 50, art. 6247, 2008, No. 17, art. 1756, art. 29 (part 1), art. 3418.

Resolution of the Plenum of the Supreme Court of the Russian Federation dated July 2, 2009 No. 14 “On some issues that arose in judicial practice when applying the Housing Code of the Russian Federation” // RG. 08.07.2009. No. 123.

Civil Code of the Russian Federation (Part One) dated November 30, 1994, No. 51-FZ (adopted by the State Duma of the Federal Assembly of the Russian Federation on October 21, 1994) (as amended on December 18, 2006, as amended on December 29, 2006) (with amendments and additions that came into force on January 8, 2007) // Collection of Legislation of the Russian Federation, 1994, No. 32, Art. 3301; 2002, No. 12, art. 1093; No. 48, art. 4746; 2003, No. 52, art. 5034; 2004, No. 27, art. 2711; No. 31, art. 3233; 2005, No. 27, art. 2722; 2006, No. 2, art. 171; No. 3, art. 282, No. 52 (1 part), Art. 5498, RG No. 297, 12/31/2006; SZ RF 2007, No. 7, art. 834, No. 31, Art. 3993, No. 41, Art. 4845, No. 49, Art. 6079, No. 50, Art. 6246.